Tuesday, August 8, 2023

THIRD DAY

[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]

The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Monday, August 7, 2023, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1001 - "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to combining the totals of the Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B when determining surplus deposit eligibility; limiting the amount of surplus deposited into the Revenue Shortfall Reserve Fund; and providing for an effective date"; which was referred to the Committee on Finance.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1009 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15A-4-13a, relating to inmate medical care; prohibiting the use of state funds for certain procedures or benefits that are not medically necessary for persons in the custody of the commissioner; authorizing the commissioner to establish rules, policies, or regulations relating to certain levels of care; and defining terms."

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1009) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 817), and there were—yeas 87, nays 8, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Garcia, A. Hall, Hansen, Pushkin, Rowe, Vance, Williams and Young.

Absent and Not Voting: Bridges, Fluharty, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

Delegate Pushkin arose to inquire of the Chair regarding an amendment considered by the House Committee on the Judiciary.

There being no objection, the House returned to the second reading of the bill for consideration of an amendment.

The following amendment was then reported by the Clerk.

On motion of Delegate Kelly, the bill was amended by striking everything after the enacting clause and inserting in lieu thereof the following:

§15A-4-13a. Prohibition on use of taxpayer resources for certain medical procedures.

(a) For purposes of this section:

(1) ‘Medical procedure’ means health care services or products, surgery, in-patient or out-patient treatment, or the prescribing or dispensing of drugs or biologicals for the purpose of treating an illness, injury, disease, condition, or the symptoms thereof.

(2) ‘Medically necessary’ means health care services or products that a prudent provider of health care would provide to a patient to prevent, diagnose, or treat an illness, injury, or disease, or any symptoms thereof to include the provision of contraception by means of dispensing drugs or medical procedures, that are necessary and:

(A) Provided in accordance with generally accepted standards of medical practice;

(B) Clinically appropriate with regard to type, frequency, extent, location, and duration;

(C) Not provided primarily for the convenience of the patient or provider of health care;

(D) Required to improve a specific health condition of a patient or to preserve the existing state of health of the patient; and

(E) The most clinically appropriate level of health care that may be safely provided to the patient.

(3) A provider of health care prescribing, ordering, recommending, or approving a health care service or product does not, by itself, make that health care service or product medically necessary.

(b) No funds authorized or appropriated by state law shall be expended, directly or indirectly, for any medical procedure that the Commissioner of Corrections and Rehabilitation, or his or her designee or agent, after consulting with a medical professional determines is not medically necessary for any individual who is in the custody of the Division of Corrections and Rehabilitation.

(c) No funds authorized or appropriated by state law may be expended, directly or indirectly, for health benefits that cover any medical procedure that the Commissioner of Corrections and Rehabilitation, or his or her designee or agent, after consulting with a medical professional determines is not medically necessary for any individual who is in the custody of the Division of Corrections and Rehabilitation.

(d) The commissioner is authorized to establish written rules, policies, and regulations regarding medical procedures which may distinguish between inmates based upon, among other grounds, length of incarceration.

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 818), and there were—yeas 86, nays 10, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Fluharty, Garcia, Hamilton, Hansen, *Hornbuckle, McGeehan, Pushkin, Rowe, Williams and Young.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 1009) passed.

*Delegate Hornbuckle subsequently announced that his vote did not register on Roll No. 818 and the Speaker directed that the Delegate be recorded in the negative.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 819), and there were—yeas 87, nays 9, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Fluharty, Garcia, Hamilton, Hansen, Hornbuckle, Pushkin, Rowe, Williams and Young.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1009) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1010 - "A Bill to amend and reenact §62-12-28 and §62-12-29 of the Code of West Virginia, 1931, as amended, all relating to pretrial release programs; authorizing Supreme Court of Appeals to develop pretrial release programs in all circuits; requesting court to develop electronic pretrial court date reminder system; and requiring community supervision committee of administrative office of the court to make recommendation for development of electronic pretrial court date reminder system.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1010) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 820), and there were—yeas 93, nays 3, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was read a second time.

Delegate Kelly moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:

§62-12-28. Authorizing Supreme Court to develop pilot pretrial release programs.

(a) The West Virginia Supreme Court of Appeals is hereby authorized to develop pilot pretrial release programs in up to five circuits all the circuits of this state with the aim of reducing regional jail populations of short-term detainees while ensuring the safety of law-abiding citizens.

(b) The programs authorized by subsection (a) of this section shall be available only to persons charged with misdemeanors and nonviolent felonies non-violent misdemeanors.

(c) Any program developed pursuant to this section shall require input from arresting officers and shall allow for telephone electronic authorization by magistrates of a charged person's participation.

(d) In developing the pilot programs in the state for examples of successful practices authorized by this section the Court is requested to review any existing programs.

(e) The provisions of this section shall be in effect for three years from the effective date of this section As part of any pretrial release program, the Court is requested to develop an electronic system for pretrial court date reminders, through text messages, emails, or other electronic means, to reduce the risk of failure to appear, which should be available to all defendants on pretrial release and their counsel of record.

(f) The Supreme Court of Appeals is hereby requested to provide annual reports to the President of the Senate and the Speaker of the House of Delegates as to the efficacy of the programs.

§62-12-29. Shared information for community supervision.

(a) The Administrative Director of the Supreme Court of Appeals of West Virginia is requested to assemble a community supervision committee, to include representatives of the judiciary, probation, parole, day report centers, magistrates, sheriffs, corrections and other members at the discretion of the director. The administrative director shall appoint a chair from among the members and attend the meeting ex officio.

(b) The committee shall:

(1) Design and deploy a method for probation officers, parole officers, day report centers and others providing community supervision to electronically share offender information and assessments;

(2) Coordinate information reporting and access across agencies continuing supervision;

(3) Collect and share information about assessed and collected restitution among agencies continuing supervision;

(4) Collect sentencing-level data to enable the study of sentencing practices across the state; and

(5) Coordinate with the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction in the discharge of these duties; and

(6) Research and recommend a means for the development and deployment of an electronic system for pretrial court date reminders, through text messages, emails, or other electronic means, to reduce the risk of failure to appear, which should be available to all defendants on pretrial release and their counsel of record.

(c) The committee shall annually submit a report on its activities during the previous year, on or before September 30, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature.”

Delegate Foster asked and obtained unanimous consent that an amendment filed in the system be withdrawn.

The amendment sponsored by Delegate Kelly was then adopted.

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 821), and there were—yeas 93, nays 3, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: McGeehan, Steele and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 1010) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 822), and there were—yeas 94, nays 2, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Steele and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1010) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1011 - "A Bill to amend and reenact §15A-3-4 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Commissioner of the Division of Corrections and Rehabilitation; authorizing commissioner to require certain agreements with employees for reimbursement of training costs under certain conditions; clarifying that transportation of inmates for court appearances is subject to rules of the Supreme Court of Appeals; and authorizing the commissioner to cooperate with the Supreme Court of Appeals in developing a comprehensive transportation plan"; which was referred to the Committee on the Judiciary.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1017 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Higher Education Policy Commission, Marshall University, General Administration Fund, fund 0348, fiscal year 2024, organization 0471, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

Delegate Householder asked unanimous consent, that reference of the bill (S. B. 1017) to a committee be dispensed with, taken up for immediate consideration and read a first time, which consent was not granted, objection being heard.

Delegate Householder then so moved.

The motion was adopted and the bill was read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 823), and there were—yeas 74, nays 22, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Brooks, Burkhammer, Butler, Chiarelli, Coop-Gonzalez, Dean, Dillon, Foster, A. Hall, Jennings, Kimble, Kirby, Kump, McGeehan, C. Pritt, Ridenour, Ross, Steele, Street, Vance, Ward and Winzenreid.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, four fifths of the members present not having voted in the affirmative, the motion was rejected.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1018 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Education, State Board of Education, State Department of Education, fund 0313, fiscal year 2024, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, the bill (S. B. 1018) to a committee was dispensed with, and it was taken up for immediate consideration and read a first time.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 824), and there were—yeas 83, nays 13, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Coop-Gonzalez, Crouse, Dillon, Gearheart, A. Hall, Jennings, Kimble, Kump, C. Pritt, Ridenour, Steele, Vance and Ward.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was then read a third time.

On motion of Delegate Criss, the bill (S. B. 1018) was referred to the Committee on Finance.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1019 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the West Virginia State Senate, fund 0165, fiscal year 2024, organization 2100, to the West Virginia House of Delegates, fund 0170, fiscal year 2024, organization 2200, and to Joint Expenses, fund 0175, fiscal year 2024, organization 2300, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1019) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 825), and there were—yeas 93, nays 3, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 826), and there were—yeas 91, nays 5, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Dillon, Foster, A. Hall, Steele and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1019) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 827), and there were—yeas 92, nays 4, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall, Steele and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1019) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1020 – “A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to authorizing the Mercer County Commission to levy a special district excise tax; authorizing the special district excise tax for the benefit of the Ridges Economic Opportunity Development District; and setting forth the land area within the special district subject to the special district excise tax.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1020) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 828), and there were—yeas 85, nays 11, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Chiarelli, Coop-Gonzalez, Dillon, A. Hall, Kimble, Kump, McGeehan, C. Pritt, Ridenour, Street and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

Delegate Maynor requested to be excused from voting under the provisions of House Rule 49.

The Speaker ruled that the Delegate was a member of a class of persons possibly to be affected and directed the Member to vote.  

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 829), and there were—yeas 83, nays 13, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Chiarelli, Coop-Gonzalez, Dillon, Fast, Fluharty, Foster, Kimble, Kump, McGeehan, C. Pritt, Street, Vance and Williams.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 1020) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 830), and there were—yeas 88, nays 8, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Coop-Gonzalez, Dillon, Kimble, Kump, McGeehan, C. Pritt, Street and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1020) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1021 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-5B-1 and §7-5B-2; and to amend and reenact §33-3-33 of said code, all relating to funding certain first responders; creating a special revenue fund administered by the Secretary of Homeland Security for the benefit of counties with excess levies or dedicated fees related to emergency services; creating a special revenue fund administered by the Secretary of Homeland Security for the benefit of emergency services in certain counties exhibiting population increase; granting rulemaking authority; requiring the State Fire Marshal provide certain information to the State Treasurer before distribution of the Fire Protection Fund; and requiring that volunteer fire departments eligible to receive policy surcharge funds implement the State Auditor’s West Virginia Checkbook fiscal reporting system.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1021) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 831), and there were—yeas 93, nays 3, absent and not voting 4, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time.

An amendment sponsored by Delegate Criss, was reported by the Clerk beginning on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

CHapter 7. County Commissions and officers

ARTICLE 5B. Funds for fire protection.

§7-5B-1. Funds for use of fire protection in counties with excess levy or dedicated fee.

(a) There is hereby created in the State Treasury a special revenue fund designated and known as the County Fire Protection Fund which is an interest-and-earnings accumulating account. The fund shall receive Legislative appropriations, grants, gifts, devises, and donations from any public or private source. All interest and other returns derived from the deposit and investment of moneys in the County Fire Protection Fund shall be credited to the fund.  Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided in this section. The fund shall be administered by the Secretary of Homeland Security and distributed by the Secretary to certain county commissions and distributed by those county commissions to fire departments in those counties for the exclusive benefit of fire protection in the county. Distributions from the fund shall be distributed only to the county commissions of counties which have in place a countywide excess levy, or a countywide fee, dedicated to fire or emergency services. Among those counties, distributions shall be in relative proportion to each county’s population’s percentage of the aggregate population of all such counties combined.

(b) The Secretary of Homeland Security may propose legislative rules, including emergency rules, for promulgation in accordance with §29A-3-1 et seq. of this code to implement this section.

§7-5B-2. Funds for use of fire protection in counties.

(a) There is hereby created in the State Treasury a special revenue fund designated and known as the All County Fire Protection Fund which is an interest-and-earnings accumulating account. The fund shall receive Legislative appropriations, grants, gifts, devises, and donations from any public or private source. All interest and other returns derived from the deposit and investment of moneys in the All County Fire Protection Fund shall be credited to the fund.  Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided in this section.  The fund shall be administered by the Secretary of Homeland Security and distributed by the Secretary to county commissions and distributed by those county commissions to fire departments in those counties for the exclusive benefit of fire protection in the county. Among those counties, distributions shall be in relative proportion to each county’s population’s percentage of the aggregate population of all such counties combined.

(b) The Secretary of Homeland Security may propose legislative rules, including emergency rules, for promulgation in accordance with §29A-3-1 et seq. of this code to implement this section.

chapter33.  insurance.

ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.

§33-3-33. Surcharge on fire and casualty insurance policies to benefit volunteer and part-volunteer fire departments; Public Employees Insurance Agency and municipal pension plans; special fund created; allocation of proceeds; effective date.

(a)(1) For the purpose of providing additional revenue for volunteer fire departments, part-volunteer fire departments and certain retired teachers and the teachers retirement reserve fund, there is hereby authorized and imposed on and after July 1, 1992, on the policyholder of any fire insurance policy or casualty insurance policy issued by any insurer, authorized or unauthorized, or by any risk retention group, a policy surcharge equal to one percent of the taxable premium for each such policy. After June 30, 2005, the surcharge shall be imposed as specified in subdivisions (2) and (3) of this subsection.

(2) After June 30, 2005, through December 31, 2005, for the purpose of providing additional revenue for volunteer fire departments, part-volunteer fire departments and to provide additional revenue to the Public Employees Insurance Agency and municipal pension plans, there is hereby authorized and imposed on and after July 1, 2005, on the policyholder of any fire insurance policy or casualty insurance policy issued by any insurer, authorized or unauthorized, or by any risk retention group, a policy surcharge equal to one percent of the taxable premium for each such policy.

(3) After December 31, 2005, for the purpose of providing additional revenue for volunteer fire departments and part-volunteer fire departments, there is hereby authorized and imposed on the policyholder of any fire insurance policy or casualty insurance policy issued by any insurer, authorized or unauthorized, or by any risk retention group, a policy surcharge equal to fifty-five one hundredths of one percent of the taxable premium for each such policy.

(4) For purposes of this section, casualty insurance may not include insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction or insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy. The policy surcharge may not be subject to premium taxes, agent commissions or any other assessment against premiums.

(b) The policy surcharge shall be collected and remitted to the Commissioner by the insurer, or in the case of surplus lines coverage, by the surplus lines licensee, or if the policy is issued by a risk retention group, by the risk retention group. The amount required to be collected under this section shall be remitted to the Commissioner on a quarterly basis on or before the twenty-fifth day of the month succeeding the end of the quarter in which they are collected, except for the fourth quarter for which the surcharge shall be remitted on or before March 1 of the succeeding year.

(c) Any person failing or refusing to collect and remit to the Commissioner any policy surcharge and whose surcharge payments are not postmarked by the due dates for quarterly filing is liable for a civil penalty of up to $100 for each day of delinquency, to be assessed by the Commissioner. The Commissioner may suspend the insurer, broker or risk retention group until all surcharge payments and penalties are remitted in full to the Commissioner.

(d)(1) All money from the policy surcharge shall be collected by the Commissioner who shall disburse the money received from the surcharge into a special account in the state Treasury, designated the Fire Protection Fund. The net proceeds of this portion of the tax and the interest thereon, after appropriation by the Legislature, shall be distributed quarterly on the first day of the months of January, April, July and October to each volunteer fire company or department on an equal share basis by the state Treasurer. After June 30, 2005, the money received from the surcharge shall be distributed as specified in subdivisions (2) and (3) of this subsection.

(2)(A) After June 30, 2005, through December 31, 2005, all money from the policy surcharge shall be collected by the Commissioner who shall disburse one half of the money received from the surcharge into the Fire Protection Fund for distribution as provided in subdivision (1) of this subsection.

(B) The remaining portion of moneys collected shall be transferred into the fund in the state Treasury of the Public Employees Insurance Agency into which are deposited the proportionate shares made by agencies of this state of the Public Employees Insurance Agency costs of those agencies, until November 1, 2005. After the October 31, 2005, through December 31, 2005, the remain portion shall be transferred to the special account in the state Treasury, known as the Municipal Pensions and Protection Fund.

(3) After December 31, 2005, all money from the policy surcharge shall be collected by the Commissioner who shall disburse all of the money received from the surcharge into the Fire Protection Fund for distribution as provided in subdivision (1) of this subsection.

(4) Before each distribution date to volunteer fire companies or departments, the state Fire Marshal shall report to the state Treasurer: the names and addresses of all volunteer and part-volunteer fire companies and departments within the state which meet the eligibility requirements established in section eight-a, article fifteen, chapter eight of this code.

(A) The names and addresses of all volunteer and part-volunteer fire companies and departments within the state which meet the eligibility requirements established in §8-15-8a of this code during the preceding quarter;

(B) The number of volunteer firefighters and the number of full-time paid members providing services to each volunteer and part-volunteer fire company and department during the preceding quarter;

(C) A full accounting of each volunteer and part-volunteer fire company and department eligible to receive a distribution under this section’s revenues and expenditures for the last two calendar years; and

(D) A list of each volunteer and part-volunteer fire company and department has implemented the State Auditor’s West Virginia Checkbook fiscal reporting system on or before January 1, 2026.

(e) Notwithstanding any other provision of this subsection, each volunteer and part-volunteer fire company and department shall implement the State Auditor’s West Virginia Checkbook fiscal reporting system on or before January 1, 2026, in order to remain eligible to receive any funds pursuant to this section.

(e) (f) The allocation, distribution and use of revenues provided in the Fire Protection Fund are subject to the provisions of sections eight-a and eight-b, article fifteen, chapter eight §8-15-8a and §8-15-8b of this code.”

Delegate Foster moved to amend the amendment, on page 2, section 2, immediately following the end of section 2 after line 15 by inserting the following:

CHAPTER 8. MUNICIPAL CORPORATIONS

ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

 §8-15-8b. Authorized expenditures of revenues from the Municipal Pensions and Protection Fund and the Fire Protection Fund; deductions for unauthorized expenditures; record retention.

(a) Money received from the state for volunteer and part-volunteer fire companies and departments, pursuant to §33-3-14d, §33-3-33, and §33-12C-7 of this code, may not be commingled with moneys received from any other source, except money received as a grant from the Fire Service Equipment and Training Fund as provided in §29-3-5f of this code. Distributions from the Municipal Pensions and Protection Fund and the Fire Protection Fund allocated to volunteer and part-volunteer fire companies and departments may be expended only for the following:

(1) Personal protective equipment, including protective head gear, bunker coats, pants, boots, combination of bunker pants and boots, coats, and gloves;

(2) Equipment for compliance with the national fire protection standard or automotive fire apparatus, NFPA-1901;

(3) Compliance with insurance service office recommendations relating to fire departments;

(4) Rescue equipment, communications equipment, and ambulance equipment: Provided, That no moneys received from the Municipal Pensions and Protection Fund or the Fire Protection Fund may be used for equipment for personal vehicles owned or operated by volunteer or part-volunteer fire company or department members;

(5) Capital improvements reasonably required for effective and efficient fire protection service and maintenance of the capital improvements;

(6) Retirement of debts, but only if the debts were incurred exclusively for the purchase of the goods and services allowed under this subsection;

(7) Payment of utility bills;

(8) Payment of the cost of immunizations, including any laboratory work incident to the immunizations, for firefighters against hepatitis-b and other blood-borne pathogens: Provided, That the vaccine shall be purchased through the state immunization program or from the lowest-cost vendor available: Provided, however, That volunteer and part-volunteer fire companies and departments shall seek to obtain no-cost administration of the vaccinations through local boards of health: Provided further, That in the event any volunteer or part-volunteer fire company or department is unable to obtain no-cost administration of the vaccinations through a local board of health, the company or department shall seek to obtain the lowest cost available for the administration of the vaccinations from a licensed health care provider;

(9) Any filing fee required to be paid to the Legislative Auditor’s Office under §12-4-14 of this code relating to sworn statements of annual expenditures submitted by volunteer or part- volunteer fire companies or departments that receive state funds or grants;

(10) Property/casualty insurance premiums for protection and indemnification against loss or damage or liability;

(11) Operating expenses reasonably required in the normal course of providing effective and efficient fire protection service, which include, but are not limited to, gasoline, bank fees, postage, and accounting costs;

(12) Dues paid to national, state, and county associations;

(13) Workers’ compensation premiums;

(14) Life insurance premiums to provide a benefit not to exceed $20,000 for firefighters; and

(15) Educational and training supplies and fire prevention promotional materials, not to exceed $500 per year.

(16) Volunteer firefighter recruitment and retention.

(b) If a volunteer or part-volunteer fire company or department spends any amount of money received from the Municipal Pensions and Protection Fund or the Fire Protection Fund for an item, service, or purpose not authorized by this section, that amount, when determined by an official audit, review, or investigation, shall be deducted from future distributions to the volunteer fire company or part-volunteer fire department.

(c) If a volunteer or part-volunteer fire company or department purchases goods or services authorized by this section, but then returns the goods or cancels the services for a refund, then any money refunded shall be deposited back into the same, dedicated bank account used for the deposit of distributions from the Municipal Pensions and Protection Fund and the Fire Protection Fund.

(d) Each volunteer or part-volunteer fire company and department shall retain, for five calendar years, all invoices, receipts, and payment records for the goods and services paid with money received from the state for volunteer and part-volunteer fire companies and departments, pursuant to §33-3-14d, §33-3-33, and §33-12C-7 of this code and money received as a grant from the Fire Service Equipment and Training Fund as provided in §29-3-5f of this code.

(e) Volunteer and part-volunteer fire companies and departments may also invest the received moneys, described in subsection (a) of this section, and collect interest thereon: Provided, That volunteer and part-volunteer fire companies and departments shall not commingle the received moneys with funds received from any other source, shall not use the invested money as collateral or security for any loan, and shall retain all resulting statements of accounts and earnings for a minimum of five years from the date of the statements; and”.

On the adoption of the amendment to the amendment, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 832), and there were—yeas 41, nays 56, absent and not voting 3, with the yeas and the absent and not voting being as follows:

Yeas: Bridges, Brooks, Butler, Cannon, Chiarelli, Clark, Cooper, Coop-Gonzalez, Crouse, Dean, DeVault, Dillon, Ellington, Fast, Fluharty, Foggin, Foster, Griffith, A. Hall, Hamilton, Hanna, Hansen, Hillenbrand, Holstein, Hornby, Keaton, Kirby, Marple, McGeehan, Miller, Pinson, E. Pritt, Pushkin, Ridenour, Ross, Steele, Street, Vance, Williams, Winzenreid and Young.

Absent and Not Voting: Longanacre, Martin and Phillips.

So, a majority of the members present not having voted in the affirmative, the amendment to the amendment was rejected.

The amendment sponsored by Delegate Criss was then adopted.

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 833), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Longanacre, Martin, Phillips and Shamblin.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 1021) passed.

On motion of Delegate Criss, the title of the bill was amended to read as follows:

S. B. 1021 “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-5B-1 and §7-5B-2; and to amend and reenact §33-3-33 of said code, all relating to funding certain first responders; creating special revenue fund administered by the Secretary of Homeland Security for the benefit of fire protection in counties with excess levies or dedicated fees related to emergency services; creating a special revenue fund administered by the Secretary of Homeland Security for the benefit of fire protection in all counties; granting rulemaking authority; requiring the State Fire Marshal provide certain information to the State Treasurer before distribution of the Fire Protection Fund; and requiring that volunteer fire departments eligible to receive policy surcharge funds implement the State Auditor’s West Virginia Checkbook fiscal reporting system.”.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 834), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Longanacre, Martin, Phillips and Shamblin.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1021) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1022 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Homeland Security, Division of Emergency Management, fund 0443, fiscal year 2024, organization 0606, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1022) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 835), and there were—yeas 90, nays 4, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall, Kump and Vance.

Absent and Not Voting: Hamilton, Hanna, Longanacre, Martin, Phillips and Shamblin.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was read a second time.

An amendment sponsored by Delegate Statler was reported by the Clerk.

Whereupon,

Delegate Statler asked and obtained unanimous consent that the amendment be withdrawn.

On motion of Delegate Criss, the bill was amended on page two, line thirty-two, following the word “the”, by striking out the word “Growth” and inserting in lieu thereof the following: “All”.

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 836), and there were—yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Longanacre, Martin and Phillips.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1022) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 837), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Ferrell, Longanacre, Martin and Phillips.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1022) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1023 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balances of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Emergency Management, Growth County Fire Protection Fund, fund xxxx, fiscal year 2024, organization 0606, and to the Department of Homeland Security, Division of Emergency Management, County Fire Protection Fund, fund xxxx, fiscal year 2024, organization 0606, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024."

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1023) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 838), and there were—yeas 92, nays 3, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Cannon, Ferrell, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was read a second time.

On motion of Delegate Criss, the bill was amended on page one, line nine, following the word “Management,” by striking out the word “Growth” and inserting in lieu thereof the following: “All”.

And,

On page one, following the enacting clause, on line eight, at the beginning, by striking out the word “Growth” and inserting in lieu thereof the following: “All”.

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 839), and there were—yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Ferrell, Longanacre, Martin and Phillips.

So, a majority of the members elected having voted in the affirmative, the Speaker declared the bill (S. B. 1023) passed.

On motion of Delegate Criss, the title of the bill was amended to read as follows:

S. B. 1023 – “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balances of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Emergency Management, All County Fire Protection Fund, fund xxxx, fiscal year 2024, organization 0606 and to the Department of Homeland Security, Division of Emergency Management, County Fire Protection Fund, fund xxxx, fiscal year 2024, organization 0606 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 840), and there were—yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Chiarelli, Ferrell, Gearheart, W. Hall, Longanacre, Martin, Phillips, Ridenour and Ross.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1023) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1025 - "A Bill to amend and reenact §11-13MM-10 of the Code of West Virginia, 1931, as amended, relating to clarifying that certain payments paid prior to the effective date of the tax credits for property taxes paid on certain species of property are eligible for the tax credits"; which was referred to the Committee on Finance.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1028 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Governor’s Office – Civil Contingent Fund, fund 0105, fiscal year 2024, organization 0100, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the request of Delegate Householder, and by unanimous consent, the bill was moved to the end of Senate messages.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1029 - "A Bill supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2023, known as the budget bill, as amended, in Title II from the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Economic Development – Office of the Secretary, fund 0256, fiscal year 2024, organization 0307, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1029) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 841), and there were—yeas 79, nays 15, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Brooks, Butler, Coop-Gonzalez, Dean, Dillon, Foster, Gearheart, Kirby, McGeehan, C. Pritt, Ridenour, Ross, Steele, Vance and Ward.

Absent and Not Voting: Bridges, Chiarelli, A. Hall, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 842), and there were—yeas 67, nays 30, absent and not voting 3, with the nays and the absent and not voting being as follows:

Nays: Adkins, Bridges, Brooks, Butler, Chiarelli, Coop-Gonzalez, Crouse, Dean, Dillon, Fast, Foster, Gearheart, A. Hall, Hillenbrand, Holstein, Hornby, Horst, Keaton, Kirby, Kump, McGeehan, Pinson, C. Pritt, Ridenour, Ross, Smith, Steele, Summers, Vance and Worrell.

Absent and Not Voting: Longanacre, Martin and Phillips.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1029) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 843), and there were—yeas 77, nays 17, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Adkins, Coop-Gonzalez, Dillon, Foster, Gearheart, A. Hall, Hillenbrand, Kirby, Kump, McGeehan, C. Pritt, Ridenour, Ross, Smith, Steele, Vance and Worrell.

Absent and Not Voting: DeVault, Honaker, Longanacre, Martin, Phillips and Willis.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1029) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1030 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Office of Technology, fund 0204, fiscal year 2024, organization 0231, by supplementing and amending Chapter 11, Acts of the Legislature, Regular Session, 2023, known as the Budget Bill for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1030) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 844), and there were—yeas 82, nays 10, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Adkins, Dillon, Foster, A. Hall, Kump, C. Pritt, Ridenour, Ross, Steele and Vance.

Absent and Not Voting: DeVault, Griffith, Honaker, Howell, Longanacre, Martin, Phillips and Willis.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill then read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 845), and there were—yeas 92, nays 1, absent and not voting 7, with the nays and the absent and not voting being as follows:

Nays: Vance.

Absent and Not Voting: Dillon, Griffith, Honaker, Longanacre, Martin, Phillips and Willis.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1030) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 846), and there were—yeas 91, nays 1, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Vance.

Absent and Not Voting: Barnhart, Dillon, Griffith, Howell, Longanacre, Martin, Phillips and Riley.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1030) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1031 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration – Division of General Services, fund 0230, fiscal year 2024, organization 0211, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1031) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 847), and there were—yeas 88, nays 7, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Brooks, Coop-Gonzalez, Dillon, Kump, Ridenour, Ross and Vance.

Absent and Not Voting: Barnhart, A. Hall, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time.

On motion of Delegate Criss, the bill was amended on page two, line thirteen, following the number “37799”, by striking out the number “175,000,000” and inserting in lieu thereof the number “125,000,000”;

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 848), and there were—yeas 85, nays 8, absent and not voting 7, with the nays and the absent and not voting being as follows:

Nays: Brooks, Coop-Gonzalez, Dillon, Foster, Kirby, E. Pritt, Vance and Worrell.

Absent and Not Voting*: Barnhart, Ferrell, A. Hall, Longanacre, Martin, Phillips and Winzenreid.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1031) passed.

*Delegate Criss subsequently announced that he was in his seat and was unable to vote on Roll No. 848 and the Speaker directed that the Delegate be recorded in the affirmative.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 849), and there were—yeas 91, nays 3, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Dillon, Kirby and Vance.

Absent and Not Voting: Barnhart, Chiarelli, Longanacre, Martin, Phillips and Winzenreid.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1031) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1032 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Commerce – Division of Forestry, fund 0250, fiscal year 2024, organization 0305 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1032) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 850), and there were—yeas 87, nays 7, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Dillon, Foster, A. Hall, Kump, Ridenour, Steele and Vance.

Absent and Not Voting: Barnhart, Chiarelli, Linville, Longanacre, Martin and Phillips.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 851), and there were—yeas 90, nays 2, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Dillon and Foster.

Absent and Not Voting: Barnhart, Chiarelli, Garcia, Kelly, Linville, Longanacre, Martin and Phillips.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1032) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 852), and there were—yeas 92, nays 1, absent and not voting 7, with the nays and the absent and not voting being as follows:

Nays: Dillon.

Absent and Not Voting: Barnhart, Garcia, Kelly, Linville, Longanacre, Martin and Phillips.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1032) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

At 1:45 p.m., on motion of Delegate Householder, the House of Delegates recessed until 2:00 p.m.

* * * * * * *

Afternoon Session

* * * * * * *

The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.

Messages from the Senate

-continued-

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1033 - "A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Commerce, Geological and Economic Survey, fund 8704, fiscal year 2024, organization 0306, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1033) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 853), and there were—yeas 85, nays 4, absent and not voting 11, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall, Ridenour and Vance.

Absent and Not Voting: Barnhart, Bridges, Coop-Gonzalez, DeVault, Kimble, Longanacre, Martin, Nestor, Phillips, Pinson and Westfall.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 854), and there were—yeas 88, nays 2, absent and not voting 10, with the nays and the absent and not voting being as follows:

Nays: Dillon and Vance.

Absent and Not Voting: Barnhart, Bridges, Coop-Gonzalez, Longanacre, Martin, Nestor, Phillips, Pinson, Statler and Westfall.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1033) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 855), and there were—yeas 89, nays 2, absent and not voting 9, with the nays and the absent and not voting being as follows:

Nays: Dillon and Vance.

Absent and Not Voting: Barnhart, Bridges, Coop-Gonzalez, Longanacre, Martin, Nestor, Phillips, Pinson and Westfall.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1033) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1034 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Arts, Culture, and History, Division of Culture and History, fund 0293, fiscal year 2024, organization 0432, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1034) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 856), and there were—yeas 85, nays 6, absent and not voting 9, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall, Kirby, Kump, Vance and Ward.

Absent and Not Voting: Barnhart, Bridges, Coop-Gonzalez, Longanacre, Martin, Nestor, Phillips, Pinson and Westfall.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 857), and there were—yeas 80, nays 12, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Butler, Coop-Gonzalez, Dillon, Foggin, Foster, Horst, Kirby, Kump, Ridenour, Steele, Thorne and Ward.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson, C. Pritt, Westfall and Young.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1034) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 858), and there were—yeas 86, nays 6, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Dillon, Foster, Kirby, Kump, Steele and Ward.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson, C. Pritt, Westfall and Young.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1034) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1035 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Environmental Protection, Division of Environmental Protection, fund 0273, fiscal year 2024, organization 0313, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024"; which was referred to the Committee on Finance.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1036 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2024, organization 0310 by supplementing and amending the appropriations for the fiscal year ending June 30, 2024"; which was referred to the Committee on Finance.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1037 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Veterans’ Assistance, fund 0456, fiscal year 2024, organization 0613, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1037) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 859), and there were—yeas 89, nays 3, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson, C. Pritt, Warner and Westfall.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 860), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson and Westfall.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1037) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 861), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson and Westfall.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1037) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1038 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to Miscellaneous Boards and Commissions, Adjutant General – State Militia, fund 0433, fiscal year 2024, organization 0603, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1038) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 862), and there were—yeas 90, nays 5, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall, Kump, Ridenour and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 863), and there were—yeas 92, nays 3, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Foggin, McGeehan and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1038) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 864), and there were—yeas 93, nays 1, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson and Statler.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1038) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1039 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Regional Jail and Correctional Facility Authority, fund 6675, fiscal year 2024, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1039) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 865), and there were—yeas 91, nays 3, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson and Statler.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 866), and there were—yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson, Statler and Westfall.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1039) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 867), and there were—yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson, Statler and Westfall.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1039) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1040 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Attorney General, fund 0150, fiscal year 2024, organization 1500, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024"; which was referred to the Committee on Finance.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1041 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Homeland Security, West Virginia State Police, fund 0453, fiscal year 2024, organization 0612, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1041) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 868), and there were—yeas 91, nays 3, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson and Statler.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 869), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1041) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 870), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1041) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1043 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Health and Human Resources, fund 0525, fiscal year 2024, organization 0506, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1043) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 871), and there were—yeas 90, nays 5, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall, Howell, Kump and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 872), and there were—yeas 94, nays 1, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Dillon.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1043) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 873), and there were—yeas 94, nays 1, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Dillon.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1043) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1002 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, by adding a new item of appropriation and increasing the expenditure of public moneys to the Department of Revenue, Office of the Secretary, fund 0465, fiscal year 2024, organization 0701, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024"; which was referred to the Committee on Finance.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1003 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Homeland Security, Division of Corrections and Rehabilitation - West Virginia Parole Board, fund 0440, fiscal year 2024, organization 0608, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Central Office, fund 0446, fiscal year 2024, organization 0608, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Correctional Units, fund 0450, fiscal year 2024, organization 0608, and to the Department of Homeland Security, Division of Corrections and Rehabilitation – Bureau of Juvenile Services, fund 0570, fiscal year 2024, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1003) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 874), and there were—yeas 92, nays 3, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was read a second time.

An amendment offered by Delegate Criss was reported by the Clerk.

In the absence of objection, the amendment was withdrawn and the bill was moved to the foot of Senate messages.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1004 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balances of moneys remaining unappropriated for the fiscal year ending June 30, 2024, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Parolee Supervision Fees, fund 6362, fiscal year 2024, organization 0608, and to the Department of Homeland Security, Division of Corrections and Rehabilitation – Regional Jail and Correctional Facility Authority, fund 6675, fiscal year 2024, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1004) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 875), and there were—yeas 91, nays 3, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Horst, Longanacre, Martin, Phillips and Pinson.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time.

On motion of Delegate Criss, the bill was amended on page two, line thirteen, by striking out the number “27,533” and inserting in lieu thereof the number “55,066”;

And,

On page two, line twenty-six, by striking out the number “43,594” and inserting in lieu thereof the number “87,188”.

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 876), and there were—yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, A. Hall, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1004) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 877), and there were—yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Hott, Longanacre, Martin, Phillips, Pinson and Westfall.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1004) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1005 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Homeland Security, Division of Corrections and Rehabilitation – Correctional Units, fund 0450, fiscal year 2024, organization 0608 and to the Department of Homeland Security, Division of Corrections and Rehabilitation – Bureau of Juvenile Services, fund 0570, fiscal year 2024, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1005) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 878), and there were—yeas 89, nays 3, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall and Vance.

Absent and Not Voting: Bridges, Hott, Kirby, Longanacre, Martin, Phillips, Pinson and Westfall.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was read a second time.

On motion of Delegate Criss, the bill was amended on page one, line fourteen, following the words “an appropriated”, by striking out the word “surplus”.

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 879), and there were—yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Hott, Longanacre, Marple, Martin, Phillips, Pinson, Westfall and Williams.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1005) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 880), and there were—yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Clark, Dean, Hott, Longanacre, Martin, Phillips, Pinson and Westfall.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1005) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1006 - "A Bill to amend and reenact §17B-2-1c of the Code of West Virginia, 1931, as amended, relating to temporary identification cards for released inmates; clarifying that the temporary identification cards are issued at no cost to the inmate; expanding eligibility requirements for temporary identification cards; and extending the period of validity of the temporary identification cards.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1006) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 881), and there were—yeas 88, nays 4, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Dillon, A. Hall, Steele and Vance.

Absent and Not Voting: Bridges, Foster, Hott, Longanacre, Martin, Phillips, Pinson and Westfall.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 882), and there were—yeas 86, nays 5, absent and not voting 9, with the nays and the absent and not voting being as follows:

Nays: Dillon, Foster, Keaton, McGeehan and Steele.

Absent and Not Voting: Adkins, Bridges, Hardy, Hott, Longanacre, Martin, Phillips, Pinson and Westfall.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 1006) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 883), and there were—yeas 88, nays 3, absent and not voting 9, with the nays and the absent and not voting being as follows:

Nays: Dillon, Foster and Steele.

Absent and Not Voting: Bridges, Hardy, Hott, Longanacre, Martin, Phillips, Pinson, Westfall and Willis.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1006) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1007 - "A Bill to amend and reenact §15A-3-16 of the Code of West Virginia, 1931, as amended, relating to regional jail per diem fees; requiring certain municipalities to reimburse responsible county for up to five days of regional jail per diem fees when municipality incarcerates individuals for offenses that could have been prosecuted in municipal court but were prosecuted in magistrate court; and making technical corrections.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1007) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 884), and there were—yeas 77, nays 13, absent and not voting 10, with the nays and the absent and not voting being as follows:

Nays: Dillon, Fluharty, Gearheart, Hamilton, Hansen, Hornbuckle, Linville, Pushkin, Ross, Rowe, Tully, Vance and Williams.

Absent and Not Voting: Bridges, Hardy, Hott, Longanacre, Martin, Miller, Phillips, Pinson, Westfall and Willis.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 885), and there were—yeas 63, nays 28, absent and not voting 9, with the nays and the absent and not voting being as follows:

Nays: Burkhammer, Butler, Dean, Dillon, Fluharty, Garcia, Gearheart, A. Hall, W. Hall, Hamilton, Hanna, Hansen, Holstein, Hornbuckle, Kirby, Linville, Mazzocchi, McGeehan, E. Pritt, Pushkin, Rowe, Shamblin, Tully, Vance, Williams, Winzenreid, Worrell and Young.

Absent and Not Voting: Bridges, Hardy, Hott, Longanacre, Martin, Phillips, Pinson, Westfall and Willis.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 1007) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 886), and there were—yeas 74, nays 18, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Dillon, Fluharty, Garcia, Gearheart, A. Hall, W. Hall, Hamilton, Hanna, Hansen, Kirby, McGeehan, E. Pritt, Rowe, Tully, Vance, Williams, Worrell and Young.

Absent and Not Voting: Bridges, Hott, Longanacre, Martin, Phillips, Pinson, Westfall and Willis.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1007) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1008 - "A Bill to amend and reenact §62-1C-1a and §62-1C-2 of the Code of West Virginia, 1931, as amended, all relating to pretrial release; clarifying right to pretrial release; clarifying maximum bail amount for charges for multiple misdemeanor offenses; revising definition of "bail"; establishing that defendant has right to select method of securing bail; clarifying that personal recognizance bonds shall include an unsecured monetary amount; authorizing judicial officer to impose reasonably necessary conditions to assure defendant will appear as required, including releasing defendant on his or her own recognizance; and making technical corrections"; which was referred to the Committee on the Judiciary.

At 3:29 p.m., on motion of Delegate Householder, the House of Delegates recessed until 3:40 p.m.

* * * * * * *

Late Afternoon Session

* * * * * * *

The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.

Senate Messages

-continued-

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1026 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Transportation – Division of Highways, fund 0620, fiscal year 2024, organization 0803, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1026) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 887), and there were—yeas 86, nays 6, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Dillon, Gearheart, A. Hall, Kump, Ridenour and Vance.

Absent and Not Voting: Bridges, Capito, Hornbuckle, Longanacre, Martin, Phillips, Pinson and Westfall.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 888), and there were—yeas 91, nays 3, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Gearheart, Householder and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson and Westfall.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1026) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 889), and there were—yeas 93, nays 1, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips, Pinson and Westfall.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1026) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1027 - "A Bill supplementing, amending, and increasing existing items of appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2024, organization 0803, for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1027) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 890), and there were—yeas 90, nays 5, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Dillon, Gearheart, A. Hall, Ridenour and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 891), and there were—yeas 93, nays 2, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Gearheart and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1027) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 892), and there were—yeas 94, nays 1, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1027) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1042 - "A Bill expiring funds to the balance of the Department of Education, Vocational Consolidated Accounts Fund, fund 3945, fiscal year 2024, organization 0402, in the amount of $12,000,000, from the State Department of Education, fund 3517, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1042) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 893), and there were—yeas 88, nays 6, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Butler, Dillon, A. Hall, Kump, Ridenour and Vance.

Absent and Not Voting: Bridges, Linville, Longanacre, Martin, Phillips and Pinson.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was then read a second time and ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 894), and there were—yeas 84, nays 10, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Burkhammer, Butler, Dillon, Foster, Gearheart, A. Hall, Kimble, Ridenour, Street and Vance.

Absent and Not Voting: Bridges, Linville, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1042) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 895), and there were—yeas 85, nays 10, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Burkhammer, Butler, Dillon, Gearheart, A. Hall, Kimble, C. Pritt, Ridenour, Street and Vance.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1042) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

The Clerk announced that the following message had been moved to the foot of bills earlier.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 1028 - "A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Governor’s Office – Civil Contingent Fund, fund 0105, fiscal year 2024, organization 0100, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.”

At the respective requests of Delegate Householder, and by unanimous consent, reference of the bill (S. B. 1028) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Householder moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

On this question, the yeas and nays were taken (Roll No. 896), and there were—yeas 75, nays 20, absent and not voting 5, with the nays and the absent and not voting being as follows:

Nays: Adkins, Brooks, Butler, Chiarelli, Coop-Gonzalez, Dillon, Foggin, Foster, A. Hall, Kimble, Kirby, Kump, McGeehan, C. Pritt, E. Pritt, Ridenour, Ross, Street, Vance and Ward.

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, four fifths of the members present not having voted in the affirmative, the motion was rejected.

Having been read a second time in earlier proceedings, the House returned to consideration of S. B. 1003, Supplementing and amending appropriations from General Revenue to multiple funds for Division of Corrections and Rehabilitation.

 

On motion of Delegate Criss, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

 

That the total appropriation for the fiscal year ending June 30, 2024, to fund 0440, fiscal year 2024, organization 0608, be supplemented and amended by adding new items of appropriation as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

  1. -Division of Corrections and Rehabilitation –

West Virginia Parole Board

(W.V. Code Chapter 62)

Fund 0440 FY 2024 Org 0608

 

General

Appro- Revenue

priation Fund

1a Personal Services and Employee Benefits - Surplus 24301 $ 4,588

4a Salaries of Members of West Virginia

4b      Parole Board - Surplus 22799 $ 41,300

And, that the total appropriation for the fiscal year ending June 30, 2024, to fund 0446, fiscal year 2024, organization 0608, be supplemented and amended to read as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

75 - Division of Corrections and Rehabilitation –

Central Office

(WV Code Chapter 15A)

Fund 0446 FY 2024 Org 0608

General

Appro- Revenue

priation Fund

1 Personal Services and Employee Benefits 00100 $ 253,306

2 Personal Services and Employee Benefits - Surplus 24301 $ 4,588

3 Salary and Benefits of Cabinet Secretary and

4 Agency Heads 00201 126,000

5 Salary and Benefits of Cabinet Secretary and

6 Agency Heads – Surplus 02099 4,586

7 Current Expenses 13000 2,400

8 Directed Transfer - Surplus 70099 603,432

9 Total                  197,9452

10 From the above appropriation for Directed Transfer – Surplus (fund 0446,

11 organization 0608) $55,066 shall be transferred to the Parolee Supervision Fees Fund (fund 12 6362), $87,188 shall be transferred to the Regional Jail and Correctional Facility Authority

13 Fund (fund 6675), $940,712 shall be transferred to the Regional Jails Operating Cash

14 Control Account (fund 6678) and $123,898 shall be transferred to the Prison Industries Fund 15 (fund 6303).

And, that the total appropriation for the fiscal year ending June 30, 2024, to fund 0450, fiscal year 2024, organization 0608, be supplemented and amended by creating new items of appropriation as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

76 - Division of Corrections and Rehabilitation –

Correctional Units

(WV Code Chapter 15A)

Fund 0450 FY 2024 Org 0608

General

Appro- Revenue

priation Fund

5a Facilities Planning and Administration – Surplus xxxxx 22,942

6a Charleston Correctional Center - Surplus 45699 91,776

7a Beckley Correctional Center - Surplus 45099 64,244

8a Anthony Correctional Center - Surplus 50499 110,132

9a Huttonsville Correctional Center - Surplus 28500 321,218

10a Northern Correctional Center - Surplus 53499 156,020

12a Pruntytown Correctional Center - Surplus 54399 229,442

13a Corrections Academy - Surplus 56999 96,366

15a Martinsburg Correctional Center - Surplus 66399 91,776

16a Parole Services - Surplus 68699 344,164

17a Special Services - Surplus 68799 275,330

18a Investigative Services - Surplus 71699 82,600

20a Salem Correctional Center - Surplus 77499 270,742

23a Parkersburg Correctional Center - Surplus 82899 133,076

24a St. Mary's Correctional Center - Surplus 88199 261,564

25a Denmar Correctional Center - Surplus 88299 137,666

26a Ohio County Correctional Center - Surplus 88399 32,122

27a Mt. Olive Correctional Complex - Surplus 88899 458,884

28a Lakin Correctional Center - Surplus 89699 256,976

And, that the total appropriation for the fiscal year ending June 30, 2024, to fund 0570, fiscal year 2024, organization 0608, be supplemented and amended by adding new items of appropriation as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

77 - Division of Corrections and Rehabilitation –

Bureau of Juvenile Services

(WV Code Chapter 15A)

Fund 0570 FY 2024 Org 0608

General

Appro- Revenue

priation Fund

1a Statewide Reporting Centers - Surplus 26299 394,640

2a Robert L. Shell Juvenile Center - Surplus 26799 59,654

4a Central Office - Surplus 70199 82,600

6a Gene Spadaro Juvenile Center - Surplus 79399 64,244

8a Kenneth Honey Rubenstein Juvenile Center - Surplus 98099 133,076

9a Vicki Douglas Juvenile Center - Surplus 98199 41,300

11a Lorrie Yeager Jr. Juvenile Center - Surplus 98399 50,478

12a Sam Perdue Juvenile Center - Surplus 98499 64,244

13a Tiger Morton Center - Surplus 98599 55,066

14a Donald R. Kuhn Juvenile Center - Surplus 98699 123,898

15a J.M. "Chick" Buckbee Juvenile Center - Surplus 98799 59,654

The bill was then ordered to third reading.

The bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 897), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1003) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 898), and there were—yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Longanacre, Martin, Phillips and Pinson.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1003) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

At 4:34 p.m., the House of Delegates recessed until 4:45 p.m.

* * * * * * *

Early Evening Session

* * * * * * *

The House of Delegates was called to order by the Honorable Roger Hanshaw, Speaker.

Reordering of the Calendar

Pursuant to the action of the Committee on Rules, Delegate Householder announced that all bills on Third Reading, Special Calendar, except H. B. 117 and H. B. 128 were transferred to the House Calendar.

Special Calendar

Third Reading

H. B. 117, Supplementing and amending the appropriations to Higher Education Policy Marshall University; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

Delegates Hansen, Williams, and Hamilton moved to amend the bill on page 1, following line 6, by inserting the following:

“96-West Virginia University –

General Administrative Fund

(W.V. Code Chapter 18B)

Fund 0344 FY 2024 Org 0463

General

Appro- Revenue

priation Fund

6a West Virginia University …… 45900 $ 45,000,000”

Delegate Riley arose to inquire of the Chair regarding the germaneness of the amendment.

The Speaker replied that the amendment exceeded both the call of the Governor for the special session and the scope of the underlying bill and ruled the amendment not germane to the bill.

Delegate Foster moved to amend the bill by striking everything after the enacting clause and inserting in lieu of the following:

That the total appropriation for the fiscal year ending June 30, 2024, to fund 0440, fiscal year 2024, organization 0608, be supplemented and amended by adding new items of appropriation as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

  1. -Division of Corrections and Rehabilitation –

West Virginia Parole Board

(W.V. Code Chapter 62)

Fund 0440 FY 2024 Org 0608

General

Appro- Revenue

priation Fund

1a Personal Services and Employee Benefits - Surplus 24301 $ 2,294

4a Salaries of Members of West Virginia

4b      Parole Board - Surplus 22799 20,650

And, that the total appropriation for the fiscal year ending June 30, 2024, to fund 0446, fiscal year 2024, organization 0608, be supplemented and amended to read as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

75 - Division of Corrections and Rehabilitation –

Central Office

(WV Code Chapter 15A)

Fund 0446 FY 2024 Org 0608

General

Appro- Revenue

priation Fund

1 Personal Services and Employee Benefits 00100 $ 253,306

2 Personal Services and Employee Benefits - Surplus 24301 $ 2,294

3 Salary and Benefits of Cabinet Secretary and

4 Agency Heads 00201 126,000

5 Salary and Benefits of Cabinet Secretary and

6 Agency Heads – Surplus 02099 2,294

7 Current Expenses 13000 2,400

8 Directed Transfer - Surplus 70099 603,432

9 Total $ 989,726

10 From the above appropriation for Directed Transfer – Surplus (fund 0446,

11 organization 0608) $27,533 shall be transferred to the Parolee Supervision Fees Fund (fund 12 6362), $43,594 shall be transferred to the Regional Jail and Correctional Facility Authority

13 Fund (fund 6675), $470,356 shall be transferred to the Regional Jails Operating Cash

14 Control Account (fund 6678) and $61,949 shall be transferred to the Prison Industries Fund 15 (fund 6303).

And, that the total appropriation for the fiscal year ending June 30, 2024, to fund 0450, fiscal year 2024, organization 0608, be supplemented and amended by creating new items of 18 appropriation as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

76 - Division of Corrections and Rehabilitation –

Correctional Units

(WV Code Chapter 15A)

Fund 0450 FY 2024 Org 0608

General

Appro- Revenue

priation Fund

5a Facilities Planning and Administration – Surplus xxxxx 11,471

6a Charleston Correctional Center - Surplus 45699 45,888

7a Beckley Correctional Center - Surplus 45099 32,122

8a Anthony Correctional Center - Surplus 50499 55,066

9a Huttonsville Correctional Center - Surplus 28500 160,609

10a Northern Correctional Center - Surplus 53499 78,010

12a Pruntytown Correctional Center - Surplus 54399 114,721

13a Corrections Academy - Surplus 56999 48,183

15a Martinsburg Correctional Center - Surplus 66399 45,888

16a Parole Services - Surplus 68699 172,082

17a Special Services - Surplus 68799 137,665

18a Investigative Services - Surplus 71699 41,300

20a Salem Correctional Center - Surplus 77499 135,371

23a Parkersburg Correctional Center - Surplus 82899 66,538

24a St. Mary's Correctional Center - Surplus 88199 130,782

25a Denmar Correctional Center - Surplus 88299 68,833

26a Ohio County Correctional Center - Surplus 88399 16,061

27a Mt. Olive Correctional Complex - Surplus 88899 229,442

28a Lakin Correctional Center - Surplus 89699 128,488

And, that the total appropriation for the fiscal year ending June 30, 2024, to fund 0570, fiscal year 2024, organization 0608, be supplemented and amended by adding new items of appropriation as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

77 - Division of Corrections and Rehabilitation –

Bureau of Juvenile Services

(WV Code Chapter 15A)

Fund 0570 FY 2024 Org 0608

General

Appro- Revenue

priation Fund

1a Statewide Reporting Centers - Surplus 26299 197,320

2a Robert L. Shell Juvenile Center - Surplus 26799 29,827

4a Central Office - Surplus 70199 41,300

6a Gene Spadaro Juvenile Center - Surplus 79399 32,122

8a Kenneth Honey Rubenstein Juvenile Center - Surplus 98099 66,538

9a Vicki Douglas Juvenile Center - Surplus 98199 20,650

11a Lorrie Yeager Jr. Juvenile Center - Surplus 98399 25,239

12a Sam Perdue Juvenile Center - Surplus 98499 32,122

13a Tiger Morton Center - Surplus 98599 27,533

14a Donald R. Kuhn Juvenile Center - Surplus 98699 61,949

15a J.M. "Chick" Buckbee Juvenile Center - Surplus 98799 29,827

Delegate Hansen arose to inquire of the Chair regarding the germaneness of the amendment.

The Speaker ruled that the amendment was not germane to the bill for the same reasons as previous amendment.

Having been engrossed, the bill was read a third time.

During debate on the bill, Delegate Dillon was asking questions of Delegate Criss when Delegate Fluharty arose to a point of order regarding the content of the questions being beyond the scope of the bill. The Speaker ruled the point well taken.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 899), and there were—yeas 65, nays 29, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Brooks, Burkhammer, Butler, Chiarelli, Coop-Gonzalez, Crouse, Dean, Dillon, Fast, Foster, Gearheart, A. Hall, Hardy, Hornby, Horst, Jennings, Kimble, Kirby, McGeehan, C. Pritt, E. Pritt, Ridenour, Smith, Steele, Street, Summers, Thorne, Vance and Ward.

Absent and Not Voting: Bridges, Kump, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 117) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 900), and there were—yeas 77, nays 17, absent and not voting 6, with the nays and the absent and not voting being as follows:

Nays: Butler, Chiarelli, Coop-Gonzalez, Dean, Dillon, Fast, Foster, A. Hall, Kimble, Kirby, McGeehan, C. Pritt, Ridenour, Steele, Street, Vance and Ward.

Absent and Not Voting: Bridges, Kump, Longanacre, Martin, Phillips and Pinson.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 117) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

H. B. 128, Supplementing and amending the appropriations to the Governor’s Office – Civil Contingent Fund; on third reading, coming up in regular order, with amendment pending and the right to amend, was reported by the Clerk.

An amendment recommended by the Committee on Finance was reported by the Clerk.

Delegate Criss asked and obtained unanimous consent that the committee amendment be withdrawn.

An amendment sponsored by Delegate Criss was read by the Clerk.

On motion of Delegate Criss, the bill was then amended on page one, line two, following the words “by adding”, by striking out the words “new items” and inserting in lieu thereof the words “a new item”;

On page two, line fourteen, by striking $10,000,000 and inserting in lieu thereof $85,000,000, and striking the remainder of the bill.

An amendment sponsored by Delegate Foster was reported by the Clerk.

Delegate Foster then asked and obtained unanimous consent that the amendment be withdrawn.

Having been engrossed, the bill was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 901), and there were—yeas 70, nays 22, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Adkins, Brooks, Butler, Chiarelli, Coop-Gonzalez, Crouse, Dean, Dillon, Fluharty, Foster, A. Hall, Kirby, C. Pritt, E. Pritt, Pushkin, Ridenour, Ross, Street, Vance, Ward, Worrell and Young.

Absent and Not Voting: Bridges, Horst, Kump, Linville, Longanacre, Martin, Phillips and Pinson.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 128) passed.

Delegate Householder moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 902), and there were—yeas 73, nays 19, absent and not voting 8, with the nays and the absent and not voting being as follows:

Nays: Adkins, Brooks, Butler, Coop-Gonzalez, Dean, Dillon, Fluharty, Foster, A. Hall, Kirby, C. Pritt, E. Pritt, Pushkin, Ridenour, Ross, Vance, Ward, Worrell and Young.

Absent and Not Voting: Bridges, Horst, Kump, Linville, Longanacre, Martin, Phillips and Pinson.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 128) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Leaves of Absence

At the request of Delegate Householder, and by unanimous consent, leaves of absence for the day were granted Delegates Longanacre, Phillips and Martin.

At 6:20 p.m., the House of Delegates recessed until 15 minutes after completion of the Senate floor session.  

* * * * * * *

Evening Session

* * * * * * *

At 8:04 p.m., the House of Delegates returned to order with the Honorable Roger Hanshaw, Speaker, in the Chair.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates, with further amendment, and the passage, as amended, of

S. B. 1021, Funding certain first responders.

On motion of Delegate Jeffries, the House concurred in the following amendment of the bill by the Senate:

On page 1, section 1, line 11, after the word “protection” by inserting the words “or emergency services”;

And,

On page 2, section 2, line 11, after the word “protection” by inserting the words “or emergency services”.

And,

By amending the title of the bill to read as follows:

S. B. 1021 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-5B-1 and §7-5B-2; and to amend and reenact §33-3-33 of said code, all relating to funding certain first responders; creating a special revenue fund administered by the Secretary of Homeland Security for the benefit of fire protection or emergency services in counties with excess levies or dedicated fees related to emergency services; creating a special revenue fund administered by the Secretary of Homeland Security for the benefit of fire protection or emergency services in all counties; granting rulemaking authority; requiring the State Fire Marshal provide certain information to the State Treasurer before distribution of the Fire Protection Fund; and requiring that volunteer fire departments eligible to receive policy surcharge funds implement the State Auditor’s West Virginia Checkbook fiscal reporting system.”

The bill, as amended by the House, and further amended by the Senate, was put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 903), and there were—yeas 69, nays 5, absent and not voting 26, with the nays and the absent and not voting being as follows:

Nays: Criss, Gearheart, Heckert, C. Pritt and Riley.

Absent and Not Voting: Bridges, Cooper, Coop-Gonzalez, Dillon, Foster, Garcia, Hamilton, Hansen, Horst, Householder, Kimble, Kirby, Kump, Linville, Longanacre, Martin, McGeehan, Nestor, Phillips, Pinson, Ridenour, Ross, Steele, Street, Westfall and Williams.

So, a majority of the members present having voted in the affirmative, the Speaker declared the bill (S. B. 1021) passed.

Delegate Jeffries moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 904), and there were—yeas 74, nays none, absent and not voting 26, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Cooper, Coop-Gonzalez, Dillon, Foster, Garcia, Hamilton, Hansen, Horst, Householder, Kimble, Kirby, Kump, Linville, Longanacre, Martin, McGeehan, Nestor, Phillips, Pinson, Ridenour, Ross, Steele, Street, Westfall and Williams.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1021) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates, with further amendment, and the passage, as amended, of

S. B. 1022, Supplementing and amending appropriations from General Revenue to Department of Homeland Security, Division of Emergency Management.

Delegate Jeffries moved that the House concurred in the following amendment of the bill by the Senate:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That the total appropriation for the fiscal year ending June 30, 2024, to fund 0443, fiscal year 2024, organization 0606, be supplemented and amended to read as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HOMELAND SECURITY

73 - Division of Emergency Management

(W.V. Code Chapter 15)

Fund 0443 FY 2024 Org 0606

General

Appro- Revenue

priation Fund

1 Personal Services and Employee Benefits 00100 $ 2,228,903

2 Salary and Benefits of Cabinet Secretary and

3    Agency Heads 00201 61,250

4 Unclassified 09900 21,022

5 Current Expenses 13000 51,065

6 Repairs and Alterations 06400 600

7 Radiological Emergency Preparedness 55400 17,052

8 SIRN…. 55401 600,000

9 Directed Transfer 70000 12,000,000

10 Federal Funds/Grant Match (R) 74900 1,488,195

11 Mine and Industrial Accident Rapid

12         Response Call Center 78100 504,586

13 Early Warning Flood System (R) 87700 1,298,686

14 BRIM Premium 91300 96,529

15             Total $ 18,367,888

16 Any unexpended balances remaining in the appropriations for Federal Funds/Grant Match

17 (fund 0443, appropriation 74900), Early Warning Flood System (fund 0443, appropriation

18 87700), and Disaster Mitigation (fund 0443, appropriation 95200) at the close of the fiscal year

19 2023 are hereby reappropriated for expenditure during the fiscal year 2024.

20 From the above appropriation for Directed Transfer (fund 0443, appropriation 70000)

21 $3,000,000 shall be transferred to the All County Fire Protection Fund (fund xxxx)

22 and $3,000,000 shall be transferred to the County Fire Protection Fund (fund xxxx) and

23 $6,000,000 shall be transferred to the Fire Protection Fund (fund 7158).”

And,

By amending the title of the bill to read as follows:

S. B. 1022 – “A Bill supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Homeland Security, Division of Emergency Management, fund 0443, fiscal year 2024, organization 0606, by supplementing and amending the appropriations for the fiscal year ending June 30, 2024.

Whereas, The Governor submitted an Executive Message to the Legislature on August 6, 2023, which included a Statement of the State Fund, General Revenue, setting forth therein the cash balance as of July 1, 2023, and further included the estimate of revenue for the fiscal year 2024, less net appropriation balances forwarded and regular and surplus appropriations for the fiscal year 2024, and

Whereas, It appears from the Governor's Statement of the State Fund, General Revenue, there now remains an unappropriated balance in the Treasury which is available for appropriation during the fiscal year ending June 30, 2024; therefore”

On the motion to concur in the Senate amendments, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 905), and there were—yeas 69, nays 5, absent and not voting 26, with the nays and the absent and not voting being as follows:

Nays: Criss, Foggin, Gearheart, Hite and Riley.

Absent and Not Voting: Bridges, Coop-Gonzalez, Cooper, Dillon, Foster, Garcia, Hamilton, Hansen, Horst, Householder, Kimble, Kirby, Kump, Linville, Longanacre, Martin, McGeehan, Nestor, Phillips, Pinson, Ridenour, Ross, Steele, Street, Westfall and Williams.

So, a majority of the members present having voted in the affirmative, the motion to concur in the amendment of the bill by the Senate prevailed.

The bill, as amended by the House, and further amended by the Senate, was put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 906), and there were—yeas 74, nays none, absent and not voting 26, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Cooper, Coop-Gonzalez, Dillon, Foster, Garcia, Hamilton, Hansen, Horst, Householder, Kimble, Kirby, Kump, Linville, Longanacre, Martin, McGeehan, Nestor, Phillips, Pinson, Ridenour, Ross, Steele, Street, Westfall and Williams.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1022) passed.

Delegate Jeffries moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 907), and there were—yeas 74, nays none, absent and not voting 26, with the absent and not voting being as follows:

Absent and Not Voting: Bridges, Cooper, Coop-Gonzalez, Dillon, Foster, Garcia, Hamilton, Hansen, Horst, Householder, Kimble, Kirby, Kump, Linville, Longanacre, Martin, McGeehan, Nestor, Phillips, Pinson, Ridenour, Ross, Steele, Street, Westfall and Williams.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1022) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Speaker Pro Tempore Espinosa in the Chair

Messages from the Senate

A message from the Senate, received following sine die adjournment of the House of Delegates, notified the House that the Senate had completed its labors for the first extraordinary session of the 86th Legislature and adjourned sine die. A previous message announced that the Senate convened on August 6, 2023.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 112, Relating to child support guidelines.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 114, Supplementing and amending the appropriations to the PEIA.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 115, Supplementing and amending the appropriations to the Department of Education, State Board of Education – State Aid to Schools.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 116, Supplementing and amending the appropriations to state aid to schools.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 117, Supplementing and amending the appropriations to Higher Education Policy Marshall University.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 124, Establishing Summersville Lake State Park.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 125, Clarifying that certain payments paid prior to the effective date of the tax credits for property taxes paid on certain species of property are eligible for the tax credits,

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 128, Supplementing and amending the appropriations to the Governor’s Office – Civil Contingent Fund.

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

H. B. 144, Including Potomac State College of West Virginia in the definition of community and technical college education program for participation in  the “Learn and Earn Program”.

A message from the Senate, by

The Clerk of the Senate, announced concurrence by the Senate in the amendment of the House of Delegates to the amendment of the Senate, and the passage, as amended, of

S. B. 1003, Supplementing and amending appropriations from General Revenue to multiple funds for Division of Corrections and Rehabilitation,

S. B. 1004, Making supplementary appropriation to Division of Corrections and Rehabilitation, Parolee Supervision Fees and Regional Jail and Correctional Facility Authority,

S. B. 1005, Supplementing and amending appropriations from General Revenue to Division of Corrections and Rehabilitation, Correctional Units and Bureau of Juvenile Services,

S. B. 1009, Prohibiting use of state funds for certain procedures or benefits not medically necessary,

S. B. 1010, Authorizing Supreme Court to develop pretrial release programs in all circuits,

S. B. 1023, Making supplementary appropriation to Department of Homeland Security, Division of Emergency Management, Growth County Fire Protection Fund and County Fire Protection Fund,

And,

S. B. 1031, Supplementing and amending appropriations from General Revenue to Department of Administration, Division of General Services.

Messages from the Executive

 and Other Communications

Communications from the Clerks’ offices of each house to His Excellency, the Governor, advised that the following enrolled bills were presented to him on the dates listed below:

August 9, 2023

S. B. 1006, Updating temporary identification cards for released inmates,

S. B. 1007, Requiring municipalities to reimburse responsible county regional jail per diem fees in certain cases,

S. B. 1019, Supplementing and amending appropriations from General Revenue to WV State Senate, WV House of Delegates, and to Joint Expenses,

S. B. 1020, Authorizing Mercer County Commission to levy special district excise tax for Ridges Economic Opportunity Development District,

S. B. 1026, Supplementing and amending appropriations from General Revenue to DOH,

S. B. 1027, Supplementing, amending and increasing existing items of appropriation from State Road Fund to DOH,

S. B. 1029, Supplementing and amending appropriations from General Revenue to Department of Economic Development, Office of Secretary,

S. B. 1030, Supplementing and amending appropriations from General Revenue to Department of Administration, Office of Technology,

S. B. 1032, Supplementing and amending appropriations from General Revenue to Department of Commerce, Division of Forestry,

S. B. 1033, Making supplemental appropriation of federal funds to Department of Commerce, Geological and Economic Survey,

S. B. 1034, Supplementing and amending appropriations from General Revenue to Department of Arts, Culture, and History, Division of Culture and History,

S. B. 1037, Supplementing and amending appropriations from General Revenue to Department of Veterans’ Assistance,

S. B. 1038, Supplementing and amending appropriations from General Revenue to Adjutant General, State Militia,

S. B. 1039, Making supplementary appropriation to Division of Corrections and Rehabilitation, Regional Jail and Correctional Facility Authority,

S. B. 1041, Supplementing and amending appropriations from General Revenue to Department of Homeland Security, West Virginia State Police,

S. B. 1042, Expiring funds to Department of Education, Vocational Consolidated Accounts Fund from State Department of Education,

And,

S. B. 1043, Supplementing and amending appropriations from General Revenue to DHHR.

August 10, 2023

H. B. 112, Relating to child support guidelines,

H. B. 114, Supplementing and amending the appropriations to the PEIA,

H. B. 115, Supplementing and amending the appropriations to the Department of Education, State Board of Education – State Aid to Schools,

H. B. 116, Supplementing and amending the appropriations to state aid to schools,

H. B. 117, Supplementing and amending the appropriations to Higher Education Policy Marshall University,

H. B. 124, Establishing Summersville Lake State Park,

H. B. 125, Clarifying that certain payments paid prior to the effective date of the tax credits for property taxes paid on certain species of property are eligible for the tax credits,

H. B. 128, Supplementing and amending the appropriations to the Governor’s Office – Civil Contingent Fund,

H. B. 144, Including Potomac State College of West Virginia in the definition of community and technical college education program for participation in  the “Learn and Earn Program”,

S. B. 1003, Supplementing and amending appropriations from General Revenue to multiple funds for Division of Corrections and Rehabilitation,

S. B. 1004, Making supplementary appropriation to Division of Corrections and Rehabilitation, Parolee Supervision Fees and Regional Jail and Correctional Facility Authority,

S. B. 1005, Supplementing and amending appropriations from General Revenue to Division of Corrections and Rehabilitation, Correctional Units and Bureau of Juvenile Services,

S. B. 1009, Prohibiting use of state funds for certain procedures or benefits not medically necessary,

S. B. 1010, Authorizing Supreme Court to develop pretrial release programs in all circuits,

S. B. 1021, Funding certain first responders,

S. B. 1022, Supplementing and amending appropriations from General Revenue to Department of Homeland Security, Division of Emergency Management,

S. B. 1023, Making supplementary appropriation to Department of Homeland Security, Division of Emergency Management, Growth County Fire Protection Fund and County Fire Protection Fund,

And,

S. B. 1031, Supplementing and amending appropriations from General Revenue to Department of Administration, Division of General Services.

Messages from the Executive

Subsequent to the adjournment of the session, communications were received from His Excellency, the Governor, advising that on August 11, 2023, he approved H. B. 124; and on August 14, 2023, he approved H. B. 114, H. B. 115, H. B. 116, H. B. 117, H. B. 128, S. B. 1003, S. B. 1004, S. B. 1005, S. B. 1006, S. B. 1007, S. B. 1009, S. B. 1010, S. B. 1019, S. B. 1022, S. B. 1023, S. B. 1026, S. B. 1027, S. B. 1029, S. B. 1030, S. B. 1031, S. B. 1032, S. B. 1033, S. B. 1034, S. B. 1037, S. B. 1038, S. B. 1039, S. B. 1041, S. B. 1042, and S. B. 1043; and on August 16, 2023, he approved H. B. 112, and H. B. 125; and on August 22, 2023, he approved H. B. 144, and S. B. 1021.

S. B. 1020 had become law without the signature of the Governor.

On motion of Delegate Hanshaw (Mr. Speaker), following his remarks, the House of Delegates adjourned sine die at 9:11 p.m.

____________________

We hereby certify that the forgoing record of the proceedings of the House of Delegates, First Extraordinary Session, 2023, is the Official Journal of the House of Delegates for said session.

________________________

Roger Hanshaw

Speaker of the House of Delegates

________________________

Stephen J. Harrison

Clerk of the House of Delegates

 

 

HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

Building 1, Room M-212

1900 Kanawha Blvd., East

Charleston, WV 25305-0470