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House Journal


Day 12 (07-23-2019) - [PDF]
Day 11 (07-22-2019) - [PDF]
Day 09 (06-19-2019) - [PDF]
Day 08 (06-18-2019) - [PDF]
Day 07 (06-17-2019) - [PDF]
Day 03 (05-20-2019) - [PDF]
Day 01 (03-09-2019) - [PDF]

____________________

 

Tuesday, July 23, 2019

TWELFTH DAY

[Delegate Hanshaw, Mr. Speaker, in the Chair]

The House of Delegates met at 9:00 a.m., and 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, July 22, 2019, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Householder, Chair of the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 207, Exempting from business and occupation tax certain merchant power plants,

And,

H. B. 210, Supplementing and amending items of appropriation to Auditor’s Office, General Administration,

And reports the same back with the recommendation that they each do pass.

At the respective requests of Delegate Summers, and by unanimous consent, H. B. 207, Exempting from business and occupation tax certain merchant power plants, was taken up for immediate consideration and read a second time.

Delegate Criss moved to amend the bill on page one, section two-q, line two, by striking out the word “July” and inserting in lieu thereof the word “January”.

On page one, section two-q, line five, by striking out the word “July” and inserting in lieu thereof the word “January”.

And,

On page one, section two-q, line seven, by striking out the word “July” and inserting in lieu thereof the word “January”.

On the question of adoption of the amendment, the Speaker being in doubt as to the result, the House divided and the Speaker declared the amendment adopted.

Delegate Rowe moved to amend the bill on page one, section two-q, line five, by striking out the period, inserting a colon and the following proviso: “Provided, That this exemption expires on June 30, 2025.”

The amendment offered by Delegate Rowe was rejected.

There being no further amendments, the bill was ordered to engrossment and third reading.

Delegate Summers 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. 917), and there were, including pairs—yeas 76, nays 7, absent and not voting 17, with the nays and absent and not voting and paired being as follows:

Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

Paired:

Yea:  Espinosa

Nay:  Kump

Nays: Bates, S. Brown, Doyle, Fleischauer, Lavender-Bowe and Pushkin.

Absent and Not Voting: Angelucci, Boggs, N. Brown, Butler, Ellington, Evans, Fluharty, Foster, Hamrick, Harshbarger, Hornbuckle, Rohrbach, Staggers, C. Thompson, Tomblin, Walker and Worrell.

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

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 918), and there were, including pairs—yeas 77, nays 5, absent and not voting 18, with the nays and absent and not voting and paired being as follows:

Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

Paired:

Yea:  Angelucci

Nay:  Fleischauer

Nays: Doyle, Hansen, Lavender-Bowe and Pushkin.

Absent and Not Voting: Boggs, N. Brown, Butler, Ellington, Espinosa, Evans, Fluharty, Foster, Hamrick, Harshbarger, Hornbuckle, C. Martin, Rohrbach, Staggers, C. Thompson, Tomblin, Walker and Worrell.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 207) passed.

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

At the respective requests of Delegate Summers, and by unanimous consent, H. B. 210, Supplementing and amending items of appropriation to Auditor’s Office, General Administration, was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.

Delegate Summers 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. 919), and there were, including pairs—yeas 81, nays 2, absent and not voting 17, with the nays and absent and not voting and paired being as follows:

Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

Paired:

Yea:  Espinosa

Nay:  Kump

Nays: McGeehan.

Absent and Not Voting: Angelucci, Boggs, N. Brown, Butler, Ellington, Evans, Fluharty, Foster, Hamrick, Harshbarger, Hornbuckle, Rohrbach, Staggers, C. Thompson, Tomblin, Walker and Worrell.

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

Having been engrossed, the bill was read a third time and put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 920), and there were—yeas 79, nays 1, absent and not voting 20, with the nays and absent and not voting being as follows:

Nays: McGeehan.

Absent and Not Voting: Angelucci, Boggs, N. Brown, Butler, Ellington, Espinosa, Evans, Fluharty, Foster, Hamrick, Harshbarger, Hornbuckle, Rohrbach, Staggers, C. Thompson, Tomblin, Toney, Walker, Wilson and Worrell.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 210) passed.

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

On this question, the yeas and nays were taken (Roll No. 921), and there were—yeas 80, nays 1, absent and not voting 19, with the nays and absent and not voting being as follows:

Nays: McGeehan.

Absent and Not Voting: Angelucci, Atkinson, Boggs, N. Brown, Butler, Ellington, Espinosa, Evans, Fluharty, Foster, Hamrick, Harshbarger, Hornbuckle, Rohrbach, Staggers, C. Thompson, Tomblin, Walker and Worrell.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 210) 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.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 209, Providing that work performed for recovery from a declared state of disaster or emergency is subject to competitive bidding,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 209 - “A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to requirements for competitive bidding on government construction contracts; providing that the term ‘construction project’ includes certain work performed for recovery from a declared state of emergency declared prior to July 1, 2019; providing that such certain work for residential structures may be procured through competitive bidding on an open-ended basis as to quantity; providing a sunset date of March 1, 2020 for this provision; providing a limitation in value of $5,000,000 for each such contract; and updating a reference to other sections of code,”

With the recommendation that the committee substitute do pass.

Leaves of Absence

At the request of Delegate Summers, and by unanimous consent, leaves of absence for the day were granted Delegates Angelucci, Boggs, N. Brown, Butler, Ellington, Espinosa, Evans, Fluharty, Foster, Hamrick, Harshbarger, Hornbuckle, Rohrbach, Staggers, C. Thompson, Tomblin, Walker and Worrell.

Delegate Linville asked unanimous consent that the remarks of Delegates Kump and Graves during Remarks by Members be printed in the Appendix to the Journal, which consent was not granted, objection being heard.

Delegate Linville then so moved.

On the question of printing the remarks by Delegate Kump, the yeas and nays were taken (Roll No. 922), and there were—yeas 67, nays 12, absent and not voting 21, with the nays and absent and not voting being as follows:

Nays: Bibby, Cowles, Hardy, Jennings, Kessinger, Lavender-Bowe, Miller, Porterfield, Steele, Storch, Summers and Wilson.

Absent and Not Voting: Angelucci, Bates, Boggs, N. Brown, Butler, Ellington, Espinosa, Evans, Fluharty, Foster, Hamrick, Harshbarger, Hornbuckle, Maynard, Rodighiero, Rohrbach, Staggers, C. Thompson, Tomblin, Walker and Worrell.

So, two thirds of the members present and voting having voted in the affirmative, the motion to print the remarks of Delegate Kump in the Appendix to the Journal was adopted.

At 10:46 a.m., the House of Delegates recessed until 6:00 p.m.

* * * * * * * *

Evening Session

* * * * * * * *

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

Delegate Summers arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 923), and 71 members being present, the Speaker declared the absence of a quorum. The absent being as follows:

Absent:  Angelucci, Azinger, Boggs, N. Brown, Butler, Canestraro, Cooper, Cowles, Ellington, Espinosa, Evans, Fluharty, Foster, Hamrick, Harshbarger, Hicks, Higginbotham, Longstreth, Nelson, Rodighiero, Sponaugle, Staggers, Storch, R. Thompson, Tomblin, Walker, Westfall, Williams and Worrell.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

H. B. 207, Exempting from business and occupation tax certain merchant power plants.

A message from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

H. C. R. 104, Providing for the issuance of not to exceed $600 million of bonds pursuant to the Roads to Prosperity Amendment of 2017.

A message from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

H. C. R. 105, Providing for the issuance of not to exceed $200 million of bonds after July 1, 2020 pursuant to the Roads to Prosperity Amendment of 2017.

On motion of Delegate Summers, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had completed the business of this First Extraordinary Session of the 84th Legislature and was ready to adjourn sine die.

Whereupon,

The Speaker appointed as members of said committee the following:

Delegates Nelson, Wilson and Campbell.

On motion of Delegate Summers, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the Legislature was ready to adjourn sine die.

The Speaker appointed as members of such committee the following:

Delegates Hanna, Queen and Hartman.

Miscellaneous Business   

Delegate C. Martin noted to the Clerk that he was absent on today when the vote was taken on Roll No. 918, and that had he been present, he would have voted “Yea” thereon.

Committee Reports

Subsequent to the adjournment sine die by the House of Delegates, Delegate Capito, Chair of the Joint Committee on Enrolled Bills, filed the following reports with the Clerk:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the dates listed, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

July 24, 2019

H. B. 132, Supplementing and amending existing items of appropriations to the Department of Agriculture,

And,

Com. Sub. for H. B. 193, Relating to a statewide school personnel job bank.

July 24, 2019

H. B. 207, Exempting from business and occupation tax certain merchant power plants.

July 26, 2019

S. B. 1056, Supplementing and amending items of appropriation to State Board of Education, State Aid to Schools,

S. B. 1057, Supplementing and amending items of appropriation to State Board of Education,

And,

S. B. 1058, Supplementing and amending item of appropriation to Higher Education Policy Commission.

Messages from the Executive

Subsequent to the adjournment sine die by the House of Delegates, communications were received from His Excellency, the Governor, advising that on July 29, 2019 he approved H. B. 132, S. B. 1056, S. B. 1057 and S. B. 1058; on July 30, 2019, he approved H. B. 207; and on August 7, 2019, he approved *H. B. 193.

(*Note: Due to H. B. 193 being signed more than five days, Sundays excepted, after presentment, it is considered as having become law without the signature of the Governor.)

There being no further business to come before the House, at 6:47 p.m., on motion of Delegate Summers, the House of Delegates adjourned sine die.

____________________

We hereby certify that the forgoing record of the proceedings of the House of Delegates, First Extraordinary Session, 2019, 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

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