__________*__________
Tuesday, October 17, 2017
SECOND DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE
CHAIR]
??????????? The House of Delegates met at 12:00
noon, and was called to order by the Honorable Tim Armstead, 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, October 16, 2017, being the first order of business, when
the further reading thereof was dispensed with and the same approved.
Special Calendar
Second Reading
??????????? H.
B. 201, Exempting military retirement income from personal income tax; on
second reading, coming up in regular order, was read a second time.
??????????? There being two strike and insert
amendments in possession of the Clerk, the Speaker explained to the members
that the sponsors would be allowed to explain their amendments but the adoption
of one would preclude the consideration of the other.
??????????? Delegates Sponaugle, Barrett, Bates, Boggs, Brewer,
Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fluharty, Hartman,
Hicks, Hornbuckle, Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R.
Miller, Pushkin, Pyles, Robinson, Rodighiero, Thompson and Williams offered an amendment
for which Delegate Sponaugle was recognized to explain, as follows:
??????????? On
page one, following the enacting clause, by striking the remainder of the bill,
and inserting in lieu thereof the following:
?That the Code of West Virginia, 1931, as amended,
be amended by adding thereto a new section, designated ?11-21-4g; and that
?11-21-12 of said code be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE
21. PERSONAL INCOME TAX.
?11-21-4g.
Rate of tax -- Taxable years beginning after December 31, 2018.
??????????? (a)
Rate of tax on individuals (except married individuals filing separate
returns), individuals filing joint returns, heads of households, estates and
trusts. -- The tax imposed by section three of this article on the West Virginia
taxable income of every individual (except married individuals filing separate
returns); every individual who is a head of a household in the determination of
his or her federal income tax for the taxable year; every husband and wife who
file a joint return under this article; every individual who is entitled to
file his or her federal income tax return for the taxable year as a surviving
spouse; and every estate and trust shall be determined in accordance with the
following table:
The
West Virginia taxable income is:???????????? ??????????? The tax is:
Not over
$10,000???????????????.3% of the taxable income
Over $10,000
but not over $25,000???????..$300.00 plus 4% of excess over $10,000
Over $25,000
but not over $40,000..???????$900.00 plus 4.5% of excess over $25,000
Over $40,000
but not over $60,000???????? $1,575.00
plus 6% of excess over $40,000
Over $60,000?????????????????$2,775.00 plus 6.5% of
excess over $60,000
Over $10,000,000???????????????$648,875.00
plus 10% of excess over $10,000,000
(b) Rate of tax on
married individuals filing separate returns. -- In the case of husband and wife
filing separate returns under this article for the taxable year, the tax
imposed by section three of this article on the West Virginia taxable income of
each spouse shall be determined in accordance with the following table:
If
the West Virginia taxable income is:?????????????????????? ? The tax is:
Not over $5,000????????????????.3% of the taxable
income
Over $5,000 but not over $12,500????????.$150.00 plus
4% of excess over $5,000
Over $12,500 but not over $20,000????????$450.00 plus
4.5% of excess over $12,500
Over $20,000 but not over $30,000???????..$787.50 plus
6% of excess over $20,000
Over $30,000?????????????????$1,387.50 plus 6.5% of
excess over $30,000
Over
$5,000,000???????????????.. $324,438.00
plus 10% of excess over $5,000,000
(c) Applicability of
this section. -- The provisions of this section, as amended by this act, shall
be applicable in determining the rate of tax imposed by this article for all
taxable years beginning after December 31, 2017, and shall be in lieu of the
rates of tax specified in section four-e of this article.?
?11-21-12. West Virginia adjusted gross income of
resident individual.
?(a) General.
The West Virginia adjusted gross income of a resident individual means his or
her federal adjusted gross income as defined in the laws of the United States
for the taxable year with the modifications specified in this section.
??????????? (b) Modifications increasing federal adjusted gross income. There shall
be added to federal adjusted gross income unless already included therein the
following items:
??????????? (1) Interest income on obligations
of any state other than this state or of a political subdivision of any other
state unless created by compact or agreement to which this state is a party;
??????????? (2) Interest or dividend income on
obligations or securities of any authority, commission or instrumentality of
the United States, which the laws of the United States exempt from federal
income tax but not from state income taxes;
??????????? (3) Any deduction allowed when
determining federal adjusted gross income for federal income tax purposes for
the taxable year that is not allowed as a deduction under this article for the
taxable year;
??????????? (4) Interest on indebtedness
incurred or continued to purchase or carry obligations or securities the income
from which is exempt from tax under this article, to the extent deductible in
determining federal adjusted gross income;
??????????? (5) Interest on a depository
institution tax-exempt savings certificate which is allowed as an exclusion
from federal gross income under Section 128 of the Internal Revenue Code, for
the federal taxable year;
??????????? (6) The amount of a lump sum
distribution for which the taxpayer has elected under Section 402(e) of the
Internal Revenue Code of 1986, as amended, to be separately taxed for federal
income tax purposes; and
??????????? (7) Amounts withdrawn from a medical
savings account established by or for an individual under section twenty,
article fifteen, chapter thirty-three of this code or section fifteen, article
sixteen of said chapter that are used for a purpose other than payment of
medical expenses, as defined in those sections.
??????????? (c) Modifications reducing federal adjusted gross income. There shall
be subtracted from federal adjusted gross income to the extent included
therein:
??????????? (1) Interest income on obligations
of the United States and its possessions to the extent includable in gross
income for federal income tax purposes;
??????????? (2) Interest or dividend income on
obligations or securities of any authority, commission or instrumentality of
the United States or of the State of West Virginia to the extent includable in
gross income for federal income tax purposes but exempt from state income taxes
under the laws of the United States or of the State of West Virginia, including
federal interest or dividends paid to shareholders of a regulated investment
company, under Section 852 of the Internal Revenue Code for taxable years
ending after the thirtieth day of June, one thousand nine hundred eighty-seven;
??????????? (3) Any amount included in federal
adjusted gross income for federal income tax purposes for the taxable year that
is not included in federal adjusted gross income under this article for the
taxable year;
??????????? (4) The amount of any refund or
credit for overpayment of income taxes imposed by this state, or any other
taxing jurisdiction, to the extent properly included in gross income for
federal income tax purposes;
??????????? (5) Annuities, retirement
allowances, returns of contributions and any other benefit received under the
West Virginia Public Employees Retirement System, and the West Virginia
State Teachers Retirement System and all forms of military retirement,
including regular armed forces, reserves and National Guard, including any
survivorship annuities derived therefrom, to the extent includable in gross
income for federal income tax purposes: Provided,
That notwithstanding any provisions in this code to the contrary this
modification shall be limited to the first two thousand dollars of benefits
received under the West Virginia Public Employees Retirement System, the West
Virginia State Teachers Retirement System and, including any survivorship
annuities derived therefrom, to the extent includable in gross income for
federal income tax purposes for taxable years beginning after the thirty-first
day of December, one thousand nine hundred eighty-six; and the first two
thousand dollars of benefits received under any federal retirement system to
which Title 4 U.S.C. ?111 applies: Provided,
however, That the total modification under this paragraph shall not exceed
two thousand dollars per person receiving retirement benefits and this
limitation shall apply to all returns or amended returns filed after the last
day of December, one thousand nine hundred eighty-eight;
??????????? (6) Retirement income received in
the form of pensions and annuities after the thirty-first day of December, one
thousand nine hundred seventy-nine, under any West Virginia police, West
Virginia Firemen's Retirement System or the West Virginia State Police Death,
Disability and Retirement Fund, the West Virginia State Police Retirement
System or the West Virginia Deputy Sheriff Retirement System, including any
survivorship annuities derived from any of these programs, to the extent
includable in gross income for federal income tax purposes;
??????????? (7) (A) For taxable years beginning
after the thirty-first day of December, two thousand, and ending prior to the
first day of January, two thousand three, an amount equal to two percent
multiplied by the number of years of active duty in the armed forces of the
United States of America with the product thereof multiplied by the first
thirty thousand dollars of military retirement income, including retirement
income from the regular armed forces, reserves and National Guard paid by the
United States or by this state after the thirty-first day of December, two
thousand, including any survivorship annuities, to the extent included in gross
income for federal income tax purposes for the taxable year.
??????????? (B) For taxable years beginning
after the thirty-first day of December, two thousand two, the first twenty
thousand dollars of military retirement income, including retirement income
from the regular armed forces, reserves and National Guard paid by the United
States or by this state after the thirty-first day of December, two thousand
two, including any survivorship annuities, to the extent included in gross
income for federal income tax purposes for the taxable year.
(C) For taxable years beginning after
December 31, 2017, military retirement income, including retirement income from
the regular armed forces, reserves and National Guard paid by the United States
or by this state after December 31, 2017, including any survivorship annuities,
to the extent included in federal adjusted gross income for the taxable year.
??????????? (D) In the event that any of
the provisions of this subdivision are found by a court of competent
jurisdiction to violate either the Constitution of this state or of the United
States, or is held to be extended to persons other than specified in this
subdivision, this subdivision shall become null and void by operation of law.
??????????? (8) (9)? Federal adjusted gross income in the amount
of eight thousand dollars received from any source after the thirty-first day
of December, one thousand nine hundred eighty-six, by any person who has
attained the age of sixty-five on or before the last day of the taxable year,
or by any person certified by proper authority as permanently and totally
disabled, regardless of age, on or before the last day of the taxable year, to
the extent includable in federal adjusted gross income for federal tax
purposes: Provided, That if a person
has a medical certification from a prior year and he or she is still
permanently and totally disabled, a copy of the original certificate is
acceptable as proof of disability. A copy of the form filed for the federal
disability income tax exclusion is acceptable: Provided, however, That:
??????????? (i) Where the total modification
under subdivisions (1), (2), (5), (6) and (7) of this subsection is eight
thousand dollars per person or more, no deduction shall be allowed under this
subdivision; and
??????????? (ii) Where the total modification
under subdivisions (1), (2), (5), (6) and (7) of this subsection is less than
eight thousand dollars per person, the total modification allowed under this
subdivision for all gross income received by that person shall be limited to
the difference between eight thousand dollars and the sum of modifications
under subdivisions (1), (2), (5), (6) and (7) of this subsection;
??????????? (9) (10) Federal
adjusted gross income in the amount of eight thousand dollars received from any
source after the thirty-first day of December, one thousand nine hundred
eighty-six, by the surviving spouse of any person who had attained the age of
sixty-five or who had been certified as permanently and totally disabled, to
the extent includable in federal adjusted gross income for federal tax
purposes: Provided, That:
??????????? (i) Where the total modification
under subdivisions (1), (2), (5), (6), (7) and (8) of this subsection is eight
thousand dollars or more, no deduction shall be allowed under this subdivision;
and
??????????? (ii) Where the total modification
under subdivisions (1), (2), (5), (6), (7) and (8) of this subsection is less
than eight thousand dollars per person, the total modification allowed under
this subdivision for all gross income received by that person shall be limited
to the difference between eight thousand dollars and the sum of subdivisions
(1), (2), (5), (6), (7) and (8) of this subsection;
??????????? (10) (11) Contributions
from any source to a medical savings account established by or for the
individual pursuant to section twenty, article fifteen, chapter thirty-three of
this code or section fifteen, article sixteen of said chapter, plus interest
earned on the account, to the extent includable in federal adjusted gross
income for federal tax purposes: Provided,
That the amount subtracted pursuant to this subdivision for any one taxable
year may not exceed two thousand dollars plus interest earned on the account.
For married individuals filing a joint return, the maximum deduction is
computed separately for each individual;
??????????? (11) (12) For the two
thousand six taxable year only, severance wages received by a taxpayer from an
employer as the result of the taxpayer's permanent termination from employment
through a reduction in force and through no fault of the employee, not to
exceed thirty thousand dollars. For purposes of this subdivision:
??????????? (i) The term ?severance wages? means
any monetary compensation paid by the employer in the taxable year as a result
of permanent termination from employment in excess of regular annual wages or
regular annual salary;
??????????? (ii) The term ?reduction in force?
means a net reduction in the number of employees employed by the employer in
West Virginia, determined based on total West Virginia employment of the
employer's controlled group;
??????????? (iii) The term ?controlled group?
means one or more chains of corporations connected through stock ownership with
a common parent corporation if stock possessing at least fifty percent of the
voting power of all classes of stock of each of the corporations is owned
directly or indirectly by one or more of the corporations and the common parent
owns directly stock possessing at least fifty percent of the voting power of
all classes of stock of at least one of the other corporations;
??????????? (iv) The term ?corporation? means
any corporation, joint-stock company or association and any business conducted
by a trustee or trustees wherein interest or ownership is evidenced by a
certificate of interest or ownership or similar written instrument; and
??????????? (12) (13) Any other
income which this state is prohibited from taxing under the laws of the United
States.
??????????? (d) Modification for West Virginia fiduciary adjustment. There shall be
added to or subtracted from federal adjusted gross income, as the case may be,
the taxpayer's share, as beneficiary of an estate or trust, of the West
Virginia fiduciary adjustment determined under section nineteen of this
article.
??????????? (e) Partners and S corporation shareholders. -- The amounts of
modifications required to be made under this section by a partner or an S
corporation shareholder, which relate to items of income, gain, loss or
deduction of a partnership or an S corporation, shall be determined under
section seventeen of this article.
??????????? (f) Husband and wife. If husband and wife determine their federal
income tax on a joint return but determine their West Virginia income taxes
separately, they shall determine their West Virginia adjusted gross incomes
separately as if their federal adjusted gross incomes had been determined
separately.
??????????? (g) Effective date. (1) Changes in the language of this section enacted
in the year two thousand shall apply to taxable years beginning after the
thirty-first day of December, two thousand.
??????????? (2) Changes in the language of this
section enacted in the year two thousand two shall apply to taxable years
beginning after the thirty-first day of December, two thousand two.?
??????????? And to amend the title of the bill
to read as follows:
??????????? H.
B. 201 - ?A Bill to amend the Code of West Virginia, 1931 by adding thereto
a new section, designated ?11-21-4g; and to amend and reenact ?11-21-12 of said
code, all relating to exempting certain income from state personal income tax
after specified date.?
??????????? Delegate Folk was then recognized to
explain his strike and insert amendment, as follows:
On
page one, following the enacting section, by striking out the remainder of the
bill and inserting in lieu thereof the following:
?ARTICLE 21. PERSONAL INCOME
TAX.
?11-21-12. West Virginia adjusted gross income of resident
individual.
(a) General.
-- The West Virginia adjusted gross income of a resident individual means his
or her federal adjusted gross income as defined in the laws of the United
States for the taxable year with the modifications specified in this section.
(b) Modifications increasing federal adjusted gross income. -- There
shall be added to federal adjusted gross income, unless already included
therein, the following items:
(1) Interest income on
obligations of any state other than this state or of a political subdivision of
any other state unless created by compact or agreement to which this state is a
party;
(2) Interest or dividend
income on obligations or securities of any authority, commission or
instrumentality of the United States, which the laws of the United States
exempt from federal income tax but not from state income taxes;
(3) Any deduction allowed
when determining federal adjusted gross income for federal income tax purposes
for the taxable year that is not allowed as a deduction under this article for
the taxable year;
(4) Interest on
indebtedness incurred or continued to purchase or carry obligations or
securities the income from which is exempt from tax under this article, to the
extent deductible in determining federal adjusted gross income;
(5) Interest on a
depository institution tax-exempt savings certificate which is allowed as an
exclusion from federal gross income under Section 128 of the Internal Revenue
Code, for the federal taxable year;
(6) The amount of a lump
sum distribution for which the taxpayer has elected under Section 402(e) of the
Internal Revenue Code of 1986, as amended, to be separately taxed for federal
income tax purposes; and
(7) Amounts withdrawn from
a medical savings account established by or for an individual under section
twenty, article fifteen, chapter thirty-three of this code or section fifteen,
article sixteen of said chapter that are used for a purpose other than payment
of medical expenses, as defined in those sections.
(c) Modifications reducing federal adjusted gross income. -- There
shall be subtracted from federal adjusted gross income to the extent included
therein:
(1) Interest income on
obligations of the United States and its possessions to the extent includable
in gross income for federal income tax purposes;
(2) Interest or dividend
income on obligations or securities of any authority, commission or
instrumentality of the United States or of the State of West Virginia to the
extent includable in gross income for federal income tax purposes but exempt
from state income taxes under the laws of the United States or of the State of
West Virginia, including federal interest or dividends paid to shareholders of
a regulated investment company, under Section 852 of the Internal Revenue Code
for taxable years ending after June 30, 1987;
(3) Any amount included in
federal adjusted gross income for federal income tax purposes for the taxable
year that is not included in federal adjusted gross income under this article for
the taxable year;
(4) The amount of any
refund or credit for overpayment of income taxes imposed by this state, or any
other taxing jurisdiction, to the extent properly included in gross income for
federal income tax purposes;
(5) Annuities, retirement
allowances, returns of contributions and any other benefit received under the
West Virginia Public Employees Retirement System, and the West Virginia
State Teachers Retirement System, and all forms of military retirement,
including regular Armed Forces, reserves and National Guard including any
survivorship annuities derived therefrom, to the extent includable in gross
income for federal income tax purposes: Provided,
That notwithstanding any provisions in this code to the contrary this
modification shall be limited to the first $2,000 of benefits received under
the West Virginia Public Employees Retirement System, the West Virginia State
Teachers Retirement System and, including any survivorship annuities derived
therefrom, to the extent includable in gross income for federal income tax
purposes for taxable years beginning after December 31, 1986; and the first $2,000 of benefits received under any federal
retirement system to which Title 4 U.S.C. ?111 applies: Provided, however, That the total modification under this paragraph
shall not exceed $2,000 per person receiving retirement benefits and this
limitation shall apply to all returns or amended returns filed after December
31, 1988;
(6) Retirement income
received in the form of pensions and annuities after December 31, 1979, under
any West Virginia police, West Virginia Firemen's Retirement System or the West
Virginia State Police Death, Disability and Retirement Fund, the West Virginia
State Police Retirement System or the West Virginia Deputy Sheriff Retirement
System, including any survivorship annuities derived from any of these
programs, to the extent includable in gross income for federal income tax
purposes;
(7) (A) For taxable years
beginning after December 31, 2000, and ending prior
to January 1, 2003, an amount equal to two percent multiplied by the number of
years of active duty in the Armed Forces of the United States of America with
the product thereof multiplied by the first $30,000 of military
retirement income, including retirement income from the regular Armed Forces,
reserves and National Guard paid by the United States or by this state after December 31, 2000, including any survivorship
annuities, to the extent included in gross income for federal income tax
purposes for the taxable year.
(B) For taxable years
beginning after December 31, 2000, the first $20,000 of
military retirement income, including retirement income from the regular Armed
Forces, Reserves and National Guard paid by the United States or by this state
after December 31, 2002, including any survivorship annuities, to the extent
included in gross income for federal income tax purposes for the taxable year.
(C) For taxable years
beginning after December 31, 2017, military retirement income, including
retirement income from the regular Armed Forces, Reserves and National Guard
paid by the United States or by this state after December 31, 2017, including
any survivorship annuities, to the extent included in federal adjusted gross
income for the taxable year.
(D) In the event that any of the provisions of this subdivision
are found by a court of competent jurisdiction to violate either the
Constitution of this state or of the United States, or is held to be extended
to persons other than specified in this subdivision, this subdivision shall
become null and void by operation of law.
(8) Social security income
for those with federal adjusted gross incomes of less than $50,000 received by
any person after December 31, 2017, to the extent included in gross income for
federal income tax purposes.
(9) Federal adjusted gross income in the amount of $8,000 received from any source after December 31,
1986, by any person who has attained the age of sixty-five on or before the
last day of the taxable year, or by any person certified by proper authority as
permanently and totally disabled, regardless of age, on or before the last day
of the taxable year, to the extent includable in federal adjusted gross income
for federal tax purposes: Provided,
That if a person has a medical certification from a prior year and he or she is
still permanently and totally disabled, a copy of the original certificate is
acceptable as proof of disability. A copy of the form filed for the federal
disability income tax exclusion is acceptable: Provided, however, That:
(i) Where the total
modification under subdivisions (1), (2), (5), (6) and (7) of this subsection
is $8,000 per person or more, no deduction shall be allowed under this
subdivision; and
(ii) Where the total
modification under subdivisions (1), (2), (5), (6) and (7) of this subsection
is less than $8,000 per person, the total modification allowed under this
subdivision for all gross income received by that person shall be limited to
the difference between $8,000 and the sum of
modifications under subdivisions (1), (2), (5), (6) and (7) of this subsection;
(9) (10) Federal adjusted gross income in the amount of
$8,000 received from any source after December 31, 1986, by the surviving
spouse of any person who had attained the age of sixty-five or who had been
certified as permanently and totally disabled, to the extent includable in
federal adjusted gross income for federal tax purposes: Provided, That:
(i) Where the total
modification under subdivisions (1), (2), (5), (6), (7) and (8) of this
subsection is $8,000 or more, no deduction shall be allowed under this
subdivision; and
(ii) Where the total
modification under subdivisions (1), (2), (5), (6), (7) and (8) of this
subsection is less than $8,000 per person, the total modification allowed under
this subdivision for all gross income received by that person shall be limited
to the difference between $8,000 and the sum of subdivisions (1), (2), (5),
(6), (7) and (8) of this subsection;
(10) (11) Contributions from any source to a medical
savings account established by or for the individual pursuant to section
twenty, article fifteen, chapter thirty-three of this code or section fifteen,
article sixteen of said chapter, plus interest earned on the account, to the
extent includable in federal adjusted gross income for federal tax purposes: Provided, That the amount subtracted
pursuant to this subdivision for any one taxable year may not exceed $2,000
plus interest earned on the account. For married individuals filing a joint
return, the maximum deduction is computed separately for each individual;
(11) (12) For the 2006 taxable year only, severance wages
received by a taxpayer from an employer as the result of the taxpayer's
permanent termination from employment through a reduction in force and through
no fault of the employee, not to exceed $30,000. For purposes of this subdivision:
(i) The term ?severance
wages? means any monetary compensation paid by the employer in the taxable year as a result of permanent termination
from employment in excess of regular annual wages or regular annual salary;
(ii) The term ?reduction in
force? means a net reduction in the number of employees employed by the
employer in West Virginia, determined based on total West Virginia employment
of the employer's controlled group;
(iii) The term ?controlled
group? means one or more chains of corporations connected through stock
ownership with a common parent corporation if stock possessing at least fifty
percent of the voting power of all classes of stock of each of the corporations
is owned directly or indirectly by one or more of the corporations and the common
parent owns directly stock possessing at least fifty percent of the voting
power of all classes of stock of at least one of the other corporations;
(iv) The term ?corporation?
means any corporation, joint-stock company or association and any business conducted
by a trustee or trustees wherein interest or ownership is evidenced by a
certificate of interest or ownership or similar written instrument; and
(12) (13) Any other income which this state is prohibited
from taxing under the laws of the United States.
(d) Modification for West Virginia fiduciary adjustment. -- There shall
be added to or subtracted from federal adjusted gross income, as the case may
be, the taxpayer's share, as beneficiary of an estate or trust, of the West
Virginia fiduciary adjustment determined under section nineteen of this
article.
(e) Partners and S corporation shareholders. -- The amounts of
modifications required to be made under this section by a partner or an S
corporation shareholder, which relate to items of income, gain, loss or
deduction of a partnership or an S corporation, shall be determined under
section seventeen of this article.
(f) Husband and wife. -- If husband and wife determine their federal
income tax on a joint return but determine their West Virginia income taxes
separately, they shall determine their West Virginia adjusted gross incomes
separately as if their federal adjusted gross incomes had been determined separately.
(g) Effective date. ?
(1) Changes in the language
of this section enacted in the year 2000 shall apply to taxable years beginning
after December 31, 2000.
(2) Changes in the language of this
section enacted in the year 2002 shall apply to taxable years beginning after
December 31, 2002.?
Delegate Cowles arose to a point of
order as to the germaneness of the amendment offered by Delegates Sponaugle,
Barrett, Bates, Boggs,
Brewer, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fluharty,
Hartman, Hicks, Hornbuckle, Isner, Longstreth, Love, Lovejoy, Lynch, Marcum,
Miley, R. Miller, Pushkin, Pyles, Robinson, Rodighiero, Thompson and Williams,
??????????? To the point of order, the Speaker
replied that the purpose of the amendment went beyond the fundamental purpose
of the bill and ruled that the amendment was not germane.
Delegate Cowles arose to a point of
order as to the germaneness of the amendment offered by Delegate Folk.
??????????? To the point of order, the Speaker
replied that the purpose of the amendment went beyond the fundamental purpose
of the bill and ruled that the amendment was not germane.
??????????? Delegate Folk arose to appeal the
ruling of the Chair.
??????????? At 12:50 p.m., on motion of Delegate
Cowles, the House of Delegates recessed for fifteen minutes.
*
* * * * * * *
Afternoon Session
* * * * * * * *
??????????? The House of Delegates was called to
order by the Honorable Tim Armstead, Speaker.
??????????? The appeal of the ruling of the
Chair by Delegate Folk was sustained by more than the requisite number of
members.
Speaker Pro Tempore Overington in the
Chair
??????????? During the debate, Delegate Folk was
addressing the House when Delegate Cowles arose to a point of order regarding
the content of the Gentleman?s remarks to which point the Speaker Pro Tempore
asked the Gentleman from the 63rd to confine his remarks to the
question before the House.
??????????? During the debate, Delegate
Sponaugle was addressing the House when Delegate Cowles arose to a point of
order regarding the content of the Gentleman?s remarks to which point the
Speaker Pro Tempore asked the Gentleman from the 55th to confine his
remarks to the question before the House.
??????????? The question before the House being,
?Shall the decision of the Chair be and remain the decision of the House??, Delegate
Cowles demanded the yeas and nays, which demand was sustained.
??????????? The
yeas and nays having been ordered, they were taken (Roll No. 686), and there were --yeas 63, nays 33, absent and not
voting 3, with the nays and absent and not voting being as follows:
??????????? Nays: Barrett, Boggs, Brewer, Byrd,
Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty,
Folk, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth, Lovejoy, Lynch,
Marcum, McGeehan, Miley, R. Miller, Pushkin, Pyles, Robinson, Rodighiero, Rowe,
Sponaugle, Thompson and Williams.
??????????? Absent and Not Voting: Bates, Upson
and Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the decision of the Chair
was sustained.
Mr. Speaker, Mr. Armstead, in the Chair
??????????? The bill was then ordered to
engrossment and third reading.
??????????? Delegate Cowles moved that the
constitutional rule requiring the bill to be fully and distinctly read on three
different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 687), and there
were--yeas 96, nays none, absent and not voting 3, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Bates, Upson
and Wilson.
??????????? 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.
??????????? Delegates Cooper, Hartman, Hollen
and Kelly requested to be excused from voting on the passage of H. B. 201 under
the provisions of House Rule 49.
The Speaker replied that any impact on
the Delegates would be as members of a class of persons possibly to be affected
by the passage of the bill, and refused to excuse the Members from voting.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 688), and there were--yeas 95, nays 1, absent and not voting 3, with
the nays and absent and not voting being as follows:
??????????? Nays: Blair.
??????????? Absent and Not Voting: Bates, Upson and
Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 201) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 689), and there
were--yeas 95, nays none, absent and not voting 4, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Bates, Lynch,
Upson and Wilson.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 201) 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. 203,
Relating generally to tax credits for rehabilitation of historic buildings and
structures; on second reading, coming up in regular order, was read a second
time.
??????????? On motion of Delegate Nelson, the bill was amended on page two, section eight-a, line nine,
following the word ?expenditure?, by striking out the colon and
inserting a comma and the words ?subject to the limitations and other
provisions of section twenty-three-a, article twenty-four of this chapter?,
followed by a colon.
On
page two, section eight-a, line fourteen, following the words ?by the Tax
Division?, by inserting the words ?or the taxpayer is delinquent in the
payment of any local or municipal tax? and a comma.
On
page two, section eight-a, line twenty, following the words ?by the Tax
Division?, by inserting a comma and the words ?is not delinquent in the
payment of any local or municipal tax? and a comma.
On
page two, section eight-a, line twenty-seven, by striking out
subsection (b) in its entirety and inserting in lieu thereof the following:
?(b)
The tax credit allowed by this section is eliminated
after December 31, 2022: Provided,
That any tax credits authorized by the state historic preservation officer and
eligible to be claimed prior to January 1, 2023, shall continue to be eligible
to be claimed subject to the provisions of law governing those tax credits that
were in effect prior to January 1, 2023.?
On
page five, section twenty-three-a, line thirty-six, by striking out subdivision
(3) in its entirety and inserting in lieu thereof the following:
?(3)
At the beginning of each fiscal year, no less than $5 million of the tax
credits authorized by this section and section eight-a, article twenty-one of
this chapter shall be set aside for reservation and the issuance of tax credits
for certified rehabilitation projects with proposed tax credits of
$500,000.? The balance of any amount set
aside for these projects that has not been reserved pursuant to the procedures
in subsection (c) of this section by the end of the fiscal year shall be
allocated by the state historic preservation officer for the projects in any
amount of other pending applicants otherwise eligible for the issuance of tax
credits under this section and section eight-a, article twenty-one of this
chapter in the order that the applications for those projects were received.?
On
page five, section twenty-three-a, line forty-six, following the words ?for
the tax?, by striking out the word ?credit? and inserting in lieu
thereof the word ?credits?.
On
page six, section twenty-three-a, line fifty-six, following the words ?National
Park Service? and the comma, by striking out the words ?a fee request
will be sent? and inserting in lieu thereof the words ?the state
historic preservation officer shall send a request for the fee prescribed in
subsection (e) of this section?.
On
page seven, section twenty-three-a, line eighty-three, by striking out the
words ?shall be accompanied by? and inserting in lieu thereof the words
?and section eight-a, article twenty-one of this chapter shall require?.
On
page seven, section twenty-three-a, beginning on line eighty-five, following
the words ?within 30 days of receipt? and the period, by creating a new
paragraph to read as follows:
?Fees
collected under this subsection shall be deposited into a special revenue
account which is hereby created.? The
fund shall be administered by the state historic preservation officer and
expended for the purposes of administering the provisions of this section and
section eight-a, article twenty-one of this chapter.???
On
page seven, section twenty-three-a, line eighty-seven, by striking out
subsection (f) in its entirety and inserting in lieu thereof the following:
?(f)
The tax credit allowed by this section is eliminated after December 31, 2022: Provided, That any tax credits
authorized by the state historic preservation officer and eligible to be
claimed prior to January 1, 2023, shall continue to be eligible to be claimed
subject to the provisions of law governing those tax credits that were in
effect prior to January 1, 2023.?
??????????? Delegates Robinson, Pushkin,
Canestraro and Rowe moved to amend the bill on page five, section twenty-three-a,
lines thirty-two and thirty-four, by striking out the number ?30? and inserting
in lieu thereof, the number ?50?.
??????????? On the adoption of the amendment,
Delegate Robinson demanded the yeas and nays, which demand was sustained.
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 690),
and there were--yeas 40, nays 55, absent and not voting 4, with the yeas and
absent and not voting being as follows:
??????????? Yeas: Barrett, Boggs, Brewer, Byrd,
Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty,
Graves, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Kessinger, Longstreth,
Love, Lovejoy, Marcum, Miley, R. Miller, Moore, Moye, Paynter, Pethtel, Pushkin,
Pyles, Robinson, Rodighiero, C. Romine, Rowe, Sobonya, Sponaugle, Thompson,
Ward and Williams.
??????????? Absent and Not Voting: Bates, Lynch,
Upson and Wilson.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the amendment was
rejected.
??????????? The bill was then ordered to
engrossment and third reading.
??????????? Delegate Cowles moved that the
constitutional rule requiring the bill to be fully and distinctly read on three
different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 691), and there
were--yeas 95, nays none, absent and not voting 4, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Bates, Lynch,
Upson and Wilson.
??????????? 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. 692), and there were--yeas 91, nays 3, absent and not voting 5, with
the nays and absent and not voting being as follows:
??????????? Nays: Blair, Cowles and Foster.
??????????? Absent and Not Voting: Ambler,
Bates, Lynch, Upson and Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 203) passed.
??????????? On motion of Delegate Nelson, the
title of the bill was amended to read as follows:
H.
B. 203 - ?A Bill to
amend and reenact ?11-21-8a and ?11-21-8e of the Code of West Virginia, 1931,
as amended; and to amend and reenact ?11-24-23a and ?11-24-23e of said code,
all relating generally to tax credits for rehabilitation of historic buildings
and structures; increasing the amount of tax credit against personal and
corporate net income taxes from ten percent to twenty-five percent for
expenditures made on or after December 31, 2017; providing for the use of tax
credit on or after January 1, 2020; prohibiting eligibility for credit if the
taxpayer is in arrears or delinquent on certain tax payments; directing
rule-making by the Tax Commissioner; eliminating allowance of tax credits after
December 31, 2022; allowing prior authorized tax credits to be claimed;
limiting the maximum amount available for tax credit per project and in the
aggregate per West Virginia state fiscal year; requiring the state historic
preservation officer to reserve a certain amount of available tax credits for
projects where proposed tax credits will not exceed $500,000 per project; authorizing
the state historic preservation officer to reallocate unused credits reserved
for certain projects; modifying carry-back and carry-forward provisions for tax
credits; providing requirements and procedures for the allocation and issuance
of tax credit reservations and certificates by the state historic preservation
officer; establishing requirements to claim tax credits; requiring the state
historic preservation officer to prescribe and publish a form and instructions
for applications for credits; providing for an application fee payable to the
state historic preservation officer; establishing and providing for the
administration of and expenditures from a special revenue account; and
providing time limits for certain actions of the state historic preservation
officer.?
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 693), and there
were--yeas 95, nays none, absent and not voting 4, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Bates, Lynch,
Upson and Wilson.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 203) 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
the request of Delegate Cowles and by unanimous consent, the House of Delegates
returned to the Eighth Order of Business for the purpose of introducing bills.
Bills Introduced
??????????? Pursuant to House Rule 92, the
following bill was introduced:
??????????? By
Mr. Speaker (Mr. Armstead) and Delegate Miley
??????????? [By
Request of the Executive]:
H.
B. 205 - ?A Bill to
amend and reenact ?21-1C-2, ?21-1C-4, and ?21-1C-6 of the Code of West
Virginia, 1931, as amended, all relating generally to the West Virginia Jobs
Act; defining terms; requiring Workforce West Virginia to provide a waiver to
an employer if unable to refer certain amount of qualified job applicants to
the employer within three business days; increasing and adding civil penalties
for violations; providing for written notice of violation to employer for
violations; creating a special revenue account; and other technical
corrections.?
At the respective requests of Delegate
Cowles, and by unanimous consent, reference of the bill (H. B. 205) to a
committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
??????????? Delegate Cowles moved that the
constitutional rule requiring the bill to be fully and distinctly read on three
different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 694), and there
were--yeas 95, nays none, absent and not voting 4, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Bates, Lynch,
Upson and Wilson.
??????????? 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 engrossment and third reading.
??????????? 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. 695), and there were--yeas 94, nays 1, absent and not voting 4, with
the nays and absent and not voting being as follows:
??????????? Nays: Gearheart.
??????????? Absent and Not Voting: Bates, Lynch,
Upson and Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 205) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 696), and there
were--yeas 94, nays 1, absent and not voting 4, with the nays and absent and
not voting being as follows:
??????????? Nays: Gearheart.
??????????? Absent and Not Voting: Bates, Lynch,
Upson and Wilson.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 205) 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.
Miscellaneous Business
??????????? Delegate Caputo asked and obtained
unanimous consent that the remarks of Delegate Sponaugle regarding amending H.
B. 201 and the remarks of Delegate Sponaugle and Delegate Boggs during Remarks
by Members today be printed in the Appendix to the Journal.
??????????? Delegate Cowles asked and obtained
unanimous consent that all remarks during the debate regarding the decision of
the Chair today be printed in the Appendix to the Journal.
??????????? At 2:43 p.m., on motion of Delegate
Cowles, the House of Delegates recessed until 5:30 p.m.
*
* * * * * * *
Evening Session
* * * * * * * *
??????????? The House of Delegates was called to
order by the Honorable Tim Armstead, Speaker.
Messages from the Senate
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
concurrence in the House of Delegates amendment, with amendment, and the
passage, as amended, to take effect from passage, of
??????????? S.
B. 2002, Allowing certain tax information be shared with designated DOH
employees.
??????????? On motion of Delegate
Cowles, the House concurred in the following amendment of the bill by the
Senate:
??????????? On page two, section five-cc,
subsection (a), subdivision (4), by striking out the word ?is? and inserting in
lieu thereof the words ?appears to be?.
And,
On
page two, section five-cc, subsection (a), subdivision (6), by striking out the
word ?is? and inserting in lieu thereof the words ?appears to be?.
The
bill, as amended by the House, and further amended by the Senate, was then put
upon its passage.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 697), and there were--yeas
91, nays none, absent and not voting 8, with the absent and not voting being as
follows:
??????????? Absent and Not Voting: Bates,
Hornbuckle, Iaquinta, Moore, Storch, Summers, Upson and Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 2002) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 698), and there
were--yeas 91, nays none, absent and not voting 8, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Bates,
Hornbuckle, Iaquinta, Moore, Storch, Summers, Upson and Wilson.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (S. B. 2002) 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. 2003
- ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated ?29-6-4a and ?29-6-4b, all relating
generally to requiring the Commissioner of Highways and Tax Commissioner to
implement special hiring procedure for personnel positions in their respective
divisions; establishing requirements for this special hiring procedure;
exempting Division of Highways and Tax Division from certain hiring procedures;
instituting new procedures; authorizing new schedules of compensation;
exempting Division of Personnel from certain grievance claims; providing for
retention of due process, anti-favoritism and anti-discrimination requirements;
requiring the Commissioner of Highways to propose legislative rules; and
authorizing the Tax Commissioner to propose emergency rules.?
??????????? At the respective requests of
Delegate Cowles, and by unanimous consent, reference of the bill (S. B. 2003)
to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
??????????? Delegate Cowles moved that the
constitutional rule requiring the bill to be fully and distinctly read on three
different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 699), and there
were--yeas 91, nays none, absent and not voting 8, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Bates, Hornbuckle,
Iaquinta, Moore, Storch, Summers, Upson and Wilson.
??????????? 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 Howell, the
bill was amended on page six, section eight, line seventy-seven, after the
words ?provisions of?, by striking out the words ?articles six and six-a? and
inserting in lieu thereof the words ?article six?.
On
page six, section eight, beginning on line eighty-six, after the words
?provisions of article six?, by striking out the words ?or article six-a?.
On
page nine, section twenty-four, line seventy-three, after the words ?provisions
of?, by striking out the words ?articles six and six-a? and inserting in lieu thereof
the words ?article six?.
And,
On
page nine, section twenty-four; line eighty-six, after the words ?provisions of
article six?, by striking out the words ?or article six-a?.
??????????? The bill was then ordered to third
reading.
??????????? The bill was then read a third time.
??????????? During debate on passage of the
bill, Delegate Marcum was ruled out of order by the Speaker.
??????????? Delegate Byrd moved to postpone the
bill to a date certain of November 13, 2017.
??????????? Delegate Byrd subsequently asked and
obtained unanimous consent that the motion be withdrawn.
??????????? At the request of Delegate Cowles,
and by unanimous consent, further consideration of the bill was postponed until
8:30 p.m.
??????????? 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. 2005
- ?A Bill finding and declaring a claim against the state and its agency to be
a moral obligation of the state; and directing the Auditor to issue warrants
for the payment thereof.?
At the respective requests of Delegate
Cowles, and by unanimous consent, reference of the bill (S. B. 2005) to a
committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
??????????? Delegate Cowles moved that the
constitutional rule requiring the bill to be fully and distinctly read on three
different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 700), and there
were--yeas 88, nays 2, absent and not voting 9, with the nays and absent and
not voting being as follows:
??????????? Nays: Caputo and Marcum.
??????????? Absent and Not Voting: Bates,
Hornbuckle, Iaquinta, Moore, Storch, Summers, Upson, Williams and Wilson.
??????????? 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.
??????????? Delegates Kelly and Criss moved to
amend the bill on page one following section one, by inserting the following:
??2. Finding and declaring a certain claim
against the Division of Highways to be a moral obligation of the state and
directing payment thereof.
??????????? The Legislature has considered the
findings of fact and recommendations reported to it by the Court of Claims
concerning various claims against the state and agencies thereof and in respect
to each of the following claims, the Legislature adopts the findings of fact as
its own and in respect of certain claims herein, the Legislature has
independently made findings of fact and determinations of award and hereby
declares it to be the moral obligation of the state to pay each such claim in
the amount specified below and directs the Auditor to issue warrants for the
payment thereof out of any fund appropriated and available for the purpose;
specifically the Court of Claims found and ordered on December 6, 2016, in the
case of Steven Mohwish and Debra Mohwish
and Christian Life Center and Martha Moyers v. Division of Highways an
award for damages of $215,000.00 to Steven Mohwish and Debra Mohwish, an award
of $8,500.00 to Christian Life Center, and an award of $42,750.00 to Martha
Moyers.
(TO BE PAID FROM STATE ROAD
FUND)
??????????? Steven Mohwish and Debra Mohwish................................ $215,000.00
??????????? Christian Life Center............................................................... $8,500.00
??????????? Martha Moyers...................................................................... $42,750.00?
Delegate
Cowles arose to a point of order as to the germaneness of the amendment offered
by Delegates Kelly and Criss.
??????????? To
the point of order, the Speaker replied that claims of the type proposed in the
amendment are done in another type of claims bill and ruled that the amendment
was not germane.
??????????? The
bill was then ordered to third reading.
??????????? The
bill was then read a third time and put upon its passage.
??????????? Delegate Hanshaw requested to be excused
from voting on S. B. 2005 under the provisions of House Rule 49.
??????????? The Speaker replied that Delegate Hanshaw
may exhibit direct personal or pecuniary interest therein and not as a member
of a class of persons, and excused the Gentleman from voting.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 701), and there were--yeas 90, nays none, excused 1, absent and not voting
8, with the excused and absent and not voting being as follows:
??????????? Excused: Hanshaw.
??????????? Absent and Not Voting: Bates,
Hornbuckle, Iaquinta, Moore, Storch, Summers, Upson and Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 2005) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 702), and there
were--yeas 90, nays none, excused 1, absent and not voting 8, with the excused
and absent and not voting being as follows:
??????????? Excused: Hanshaw.
??????????? Absent and Not Voting: Bates,
Hornbuckle, Iaquinta, Moore, Storch, Summers, Upson and Wilson.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (S. B. 2005) 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
that the Senate had passed, without amendment, to take effect from passage,
bills of the House of Delegates as follows:
??????????? H.
B. 201, Exempting military retirement income from personal income tax,
??????????? H. B. 203,
Relating generally to tax credits for rehabilitation of historic buildings and
structures,
??????????? And,
??????????? H.
B. 205, Relating to the West Virginia Jobs Act.
??????????? At 7:18 p.m., on motion of Delegate
Cowles, the House of Delegates recessed until 8:30 p.m.
*
* * * * * * *
Evening Session
* * * * * * * *
-continued-
??????????? The House of Delegates was called to
order by the Honorable Tim Armstead, Speaker.
??????????? The House of Delegates resumed
consideration of S. B. 2003,
Implementing special hiring procedures for DOH and Tax Division, which had
earlier been postponed.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 703), and there were,
including 2 paired--yeas 59, nays 31, absent and not voting 9, with the paired,
nays and absent and not voting being as follows:
??????????? Pursuant to House Rule 43, the
following pairing was filed and announced by the Clerk:
??????????? Paired:
??????????????????????? ??????????? Yea:???? Anderson ?????? Nay:??? Sponaugle
??????????? Nays: Barrett, Brewer, Canestraro,
Caputo, Dean, Diserio, Eldridge, Ferro, Fluharty, Folk, Graves, Hicks, Hill,
Kessinger, Lane, Lovejoy, Lynch, Marcum, Martin, McGeehan, R. Miller, Moye,
Paynter, Robinson, Rodighiero, Rohrbach, Sobonya, Thompson, Wagner and Ward.
??????????? Absent and Not Voting: Bates, Deem,
Hornbuckle, Iaquinta, Moore, Storch, Summers, Upson and Wilson.
??????????? So, a majority of the members present
and voting having voted in the affirmative, the Speaker declared the bill (S.
B. 2003) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 704), and there
were--yeas 82, nays 7, absent and not voting 10, with the nays and absent and
not voting being as follows:
??????????? Nays: Barrett, Diserio, Folk, Hicks,
Lynch, Marcum and McGeehan.
??????????? Absent and Not Voting: Bates, Deem,
Hornbuckle, Iaquinta, Moore, Sponaugle, Storch, Summers, Upson and Wilson.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (S. B. 2003) 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 adoption by the Senate and requested the concurrence of the House of
Delegates in the adoption of the following concurrent resolution, which was
read by its title as follows:
??????????? S. C. R. 201 ? ?Authorizing
adjournments of the Senate and House of Delegates.?
Resolved by
the Legislature of West Virginia:
That during
this Second Extraordinary Session of the Eighty-Third Legislature, the House of
Delegates is hereby authorized to adjourn sine
die in advance of the Senate, and while remaining in session to consider
executive nominations, the Senate is hereby authorized to adjourn, as needed,
for more than three days, pursuant to Section 23, Article VI of the
Constitution of the State of West Virginia.
At the
respective requests of Delegate Cowles, and by unanimous consent, reference of
the resolution (S. C. R. 201) to a committee was dispensed with, and it was
taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the
Senate the action of the House of Delegates.
Leaves of Absence
At the request of Delegate Cowles, and
by unanimous consent, leaves of absence for the day were granted Delegates
Bates, Upson and Wilson.
??????????? On
motion of Delegate Cowles, 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 Second Extraordinary Session of the 83rd
Legislature and was ready to adjourn sine
die.
??????????? Whereupon,
??????????? The
Speaker appointed as members of said committee the following:
??????????? Delegates
Hamrick, Dean and Longstreth.
Committee
Reports
??????????? In
accordance with House Rule 68, Delegate Hanshaw, Chair of the Joint Committee
on Enrolled Bills, filed the following report with the Clerk:
??????????? Your
Joint Committee on Enrolled Bills has examined, found truly enrolled and, on
the 20th day of October, 2017, 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:
H. B.
201, Exempting military retirement income from personal income tax,
H. B.
203, Relating generally to tax credits for rehabilitation of historic
buildings and structures,
H. B.
205, Relating to the West Virginia Jobs Act,
??????????? S.
B. 2002, Allowing certain tax information be shared with designated DOH
employees,
??????????? S.
B. 2003, Implementing special hiring procedures for DOH and Tax Division,
??????????? And,
??????????? S.
B. 2005, Finding and declaring a claim against state.
Messages
from the Executive
??????????? Subsequent
to the adjournment of the session, a communication was received from His
Excellency, the Governor, advising that on October 24, 2017, he approved H. B.
201, H. B. 203, H. B. 205, S. B. 2002, S. B. 2003 and S. B. 2005.
??????????? There being no further business to
come before the House, at 9:07 p.m., on motion of Delegate Cowles, the House of
Delegates adjourned sine die.
___________*__________
??????????? We hereby certify that the
forgoing record of the proceedings of the House of Delegates, Second
Extraordinary Session, 2017, is the Official Journal of the House of Delegates
for said session.
_____________________________
Tim
Armstead
Speaker
of the House of Delegates?? ??????????????????????? ____________________
??? ??????????????????????????????????????????????????????????????????????????????? Stephen
J. Harrison
??????????????????????????????????????????????????????????????????????????????????? Clerk
of the House of Delegates