West Virginia Legislature
Journal
?of the
?House of Delegates
Eighty-Third Legislature
Second Extraordinary
Session
____________________________________________________________________________
Charleston, Monday, October 16, 2017
?[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
??????????? Pursuant to the
Proclamation of His Excellency, the Governor, issued the twelfth day of October,
2017, and hereinafter set forth, convening the Legislature in Extraordinary
Session on the sixteenth day of October, 2017, the House of Delegates assembled
in its Chamber in the Capitol Building in the City of Charleston at 12:00 noon,
and was called to order by the Speaker, the Honorable Tim Armstead.
??????????? Prayer
was offered and the House was led in recitation of the Pledge of Allegiance.
Messages
from the Executive
and other
Communications
Various communications were laid
before the House of Delegates, which were read by the Clerk as follows:
House of Delegates
West Virginia Legislature
Building 1, Room 258-M
1900 Kanawha Blvd., East
Charleston, WV 25305
September 1, 2017
The Honorable Stephen Harrison
Clerk of the West Virginia House of Delegates
Office of the Clerk
West Virginia House of Delegates
West Virginia Capitol
Charleston, West Virginia 25305
Dear Mr. Harrison,
??????????? Please
allow this letter to serve as my official resignation notice to the West
Virginia House of Delegates serving the 38th District.? Please accept my resignation, effective
September 1, 2017.
??????????? Thank
you for your kindness and service to the members of the House.? It was a pleasure to serve with you.? I wish you all the best going forward.
??????????????????????????????????????????????????????????????????????????????????????????????? Respectfully,
??????????????????????????????????????????????????????????????????????????????????????????????? Nancy
Reagan Foster
State of West Virginia
Office of the Governor
September 19, 2017
The Honorable Mac Warner
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Warner:
??????????? Pursuant
to W. Va. Code ? 3-10-5, I have this day appointed Dianna L. Graves, 5014 Ann
Lee Drive, Cross Lanes, Kanawha County, West Virginia 25313, as a Delegate
representing the Thirty-Eighth District of the House of Delegates, to fill the
vacancy created by the resignation of the Honorable Nancy Foster.
??????????????????????????????????????????????????????????????????????????????????????????????? Sincerely,
??????????????????????????????????????????????????????????????????????????????????????????????? Jim
Justice,
??????????????????????????????????????????????????????????????????????????????????????????????? Governor.
??????????? The Clerk announced that Delegate Graves had taken the oath
of office as prescribed by Section 16, Article VI of the Constitution of the
State of West Virginia on September 29, 2017.
??????????? The Speaker then asked the Members to stand for a moment
of silence in memory of Delegate Tony Lewis, who died after a long and courageous
battle with cancer on September 24, 2017.
State of West Virginia
Office of the Governor
October 10, 2017
The Honorable Mac Warner
Secretary of State
State Capitol
Charleston, West Virginia 25305
Dear Secretary Warner:
??????????? Pursuant
to W. Va. Code ? 3-10-5, I have this day appointed D. Rolland Jennings, 1526
George Washington Highway, Thornton, Preston County, West Virginia 26440, as a
Delegate representing the Fifty-Third District of the House of Delegates, to
fill the vacancy created by the passing of the Honorable Tony Lewis.
??????????????????????????????????????????????????????????????????????????????????????????????? Sincerely,
??????????????????????????????????????????????????????????????????????????????????????????????? Jim
Justice,
??????????????????????????????????????????????????????????????????????????????????????????????? Governor.
??????????? The Clerk announced that Delegate Jennings had
taken the oath of office as prescribed by Section 16, Article VI of the
Constitution of the State of West Virginia on October 14, 2017.
House of Delegates
West Virginia Legislature
Building 1, Room 258-M
1900 Kanawha Blvd., East
Charleston, WV 25305
October 16, 2017
The Honorable Steve Harrison
Clerk of the House
1900 Kanawha Boulevard, East
Building 1, Room 212M
Charleston, West Virginia 25305
Dear Mr. Clerk,
??????????? Due
to my recent appointment to the State Senate to fill the vacancy created by the
resignation of Senator Ron Miller, I am hereby resigning my seat in the West
Virginia House of Delegates.
??????????? I
have been honored to serve in the House of Delegates, and I look forward to
continuing to serve my constituents as a member of the Senate.
??????????????????????????????????????????????????????????????????????? ??????????????????????? Sincerely,
??????????????????????????????????????????????????????????????????????? ??????????????????????? Delegate Stephen Baldwin
??????????? Delegate Cowles arose to suggest the absence of a quorum,
the Clerk opened the machine for the roll to be taken (Roll No. 682),
and 94 members being present, the Speaker declared the presence of a
quorum.? The absent being as follows:
Absent: Higginbotham,
Isner, Summers, Upson and Wilson.
??????????? Proclamations
of His Excellency, the Governor, convening the Legislature in extraordinary
session, were then read by the Clerk, as follows:
STATE OF
WEST VIRGINIA
EXECUTIVE
DEPARTMENT
Charleston
A?? P R O C L
A M A T I O N
By the Governor
??????????? I, JIM JUSTICE, by virtue of the authority vested in the Governor
by Section 7, Article VII, of the Constitution of West Virginia, do hereby call
the West Virginia Legislature to convene in Extraordinary Session at Noon on
the sixteenth day of October, Two Thousand Seventeen, in its chambers in the
State Capitol, City of Charleston, for the limited purpose of considering and
acting upon the following matters:
??????????? FIRST:? A bill exempting
military retirement from state personal income tax after specified date.
??????????? SECOND:? A bill increasing
amount of credit allowed against personal and corporation net income taxes for
qualified historic rehabilitation expenditures.
??????????? THIRD: ?Legislation
authorizing and appropriating the expenditure of public funds to pay the
expenses for the Extraordinary Session.
IN
WITNESS WHEREOF, I have
hereunto set my hand and caused the Great Seal of the State of West Virginia to
be affixed.
DONE at the Capitol in the City of Charleston, State of
West Virginia, this twelfth day of October, in the year of our Lord, Two
Thousand Seventeen, and in the One Hundred Fifty-Fifth year of the State.
? ????????????????????? Jim Justice,
?????? ???????????????? ??????Governor.
?By the Governor
??????????????????????????????????????????????????????????????????????????????????????????????? Mac
Warner,
??????????????????????????????????????????????????????????????????????????????????????????????? ???? Secretary of State
STATE OF
WEST VIRGINIA
EXECUTIVE
DEPARTMENT
Charleston
A?? P R O C L
A M A T I O N
By the Governor
??????????? I, JIM JUSTICE, by virtue
of the authority vested in the Governor by Section 7, Article VII, of the
Constitution of West Virginia, do hereby AMEND
the Proclamation dated the twelfth day of October, Two Thousand Seventeen,
calling the Legislature of West Virginia to convene in Extraordinary Session at
Noon on the sixteenth day of October, Two Thousand Seventeen, by adding items
four, five, and six:
??????????? FOURTH:?? A bill allowing certain tax information to
be shared with designated employees of Commissioner of Highways.
??????????? FIFTH: ?? A bill implementing special hiring
procedures for personnel positions in the Division of Highways and the Tax
Commissioner.
??????????? SIXTH:??
A bill amending the West Virginia Jobs Act.
??????????? IN WITNESS WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West Virginia, this thirteenth day of October, in the year
of our Lord, Two Thousand Seventeen, and in the One Hundred Fifty-Fifth year of
the State.
? ????????????????????????????????????????????????????????????????????????????????????????????? Jim
Justice,
?????? ???? ??????????????????????????????????????????????????????????????????????????????????? ?Governor.
By the Governor
??????????????????????????????????????????????????????????????????????????????????????????????? Mac
Warner,
? ???????????????????????????????????????????????????????????????????????????????????? ?????Secretary of State
STATE OF
WEST VIRGINIA
EXECUTIVE
DEPARTMENT
Charleston
A?? P R O C L
A M A T I O N
By the Governor
??????????? I, JIM JUSTICE, by virtue
of the authority vested in the Governor by Section 7, Article VII, of the
Constitution of West Virginia, do hereby AMEND
the Proclamation dated the twelfth day of October, Two Thousand Seventeen,
calling the Legislature of West Virginia to convene in Extraordinary Session at
Noon on the sixteenth day of October, Two Thousand Seventeen, and amended by
subsequent Proclamation dated the thirteenth day of October, Two Thousand
Seventeen by adding items seven, as follows:
??????????? SEVENTH:?? A bill finding and declaring certain claims
against the state and its agencies to be moral obligations of the state.
??????????? IN WITNESS WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West Virginia, this sixteenth day of October, in the year
of our Lord, Two Thousand Seventeen, and in the One Hundred Fifty-Fifth year of
the State.
? ????????????????????????????????????????????????????????????????????????????????????????????? Jim
Justice,
?????? ???? ??????????????????????????????????????????????????????????????????????????????????? ?Governor.
By the Governor
??????????????????????????????????????????????????????????????????????????????????????????????? Mac
Warner,
? ???????????????????????????????????????????????????????????????????????????????????? ?????Secretary of State
??????????? 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 assembled in
extraordinary session and was ready to enter upon the business stated in the
Proclamations by which it had been called together.
??????????? Whereupon,
??????????? The
Speaker appointed as members of such committee:
??????????? Delegates
Harshbarger, Sypolt and Hartman.
??????????? On
motion of Delegate Cowles, the Speaker was authorized to appoint a committee of
three, to join with a similar committee on the part of the Senate, to inform
His Excellency, the Governor, that the Legislature had assembled in
extraordinary session and was ready to enter upon the business stated in the
Proclamations.
??????????? Whereupon,
??????????? The
Speaker appointed as members of such committee:
??????????? Delegates
Blair, Frich and Lynch.
Bills
Introduced
Bills were
introduced, pursuant to House Rule 92, as follows:
??????????? By Mr. Speaker (Mr. Armstead)
and Delegate Miley
??????????? [By Request of the
Executive]:
??????????? H. B. 201 ? ?A Bill to
amend and reenact ?11-21-12 of the Code of West Virginia, 1931, as amended,
relating to exempting military retirement income from personal income tax after
specified date.?
??????????? At
the respective requests of Delegate Cowles, and by unanimous consent, reference
of the bill (H. B. 201) to a committee was dispensed with, and it was taken up
for immediate consideration, read a first time and ordered to second reading.
??????????? By Mr. Speaker (Mr. Armstead)
and Delegate Miley
??????????? [By Request of the
Executive]:
??????????? H. B. 202 ? ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated
?11-10-5cc, relating generally to allowing certain tax information to be shared
with designated employees of Commissioner of Highways pursuant to written
agreement?; which was referred to the Committee on the Judiciary.
??????????? At 12:25
p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:00
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
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. 2002 - ?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated ?11-10-5cc,
relating generally to allowing certain tax information to be shared with
designated employees of Commissioner of Highways pursuant to written agreement.?
??????????? At the respective requests of
Delegate Cowles, and by unanimous consent, reference of the bill (S. B. 2002)
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. 683), and there
were--yeas 94, nays none, absent and not voting 5, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Love,
Summers, Thompson, 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.
On motion
of Delegate Folk, the bill was amended on page one, section 5cc, line four, by
striking out the word ?may? and inserting in lieu thereof the word ?shall?.
On page
two, section 5cc, line fifteen, by striking out the words ?appears to be? and
inserting in lieu thereof the word ?is?.
And,
On page
two, section 5cc, line twenty-two, by striking out the words ?appears to be?
and inserting in lieu thereof the word ?is?.
??????????? The bill was then ordered to third
reading.
??????????? 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. 684), and there were--yeas 94, nays none, absent and not voting 5, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Love,
Summers, Thompson, 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. 685), and there
were--yeas 94, nays none, absent and not voting 5, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Love,
Summers, Thompson, 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 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
??????????? Bills were introduced,
pursuant to House Rule 92, as follows:
??????????? By
Mr. Speaker (Mr. Armstead) and Delegate Miley
??????????? [By
Request of the Executive]:
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 on certain tax payments; providing rule-making authority
to the Tax Commissioner; amending carryback and carryforward provisions for tax
credit; 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; providing procedures for the issuance of
tax credit reservations and certificates by the state historic preservation
officer; 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; requiring
the state historic preservation officer to review and act upon applications
within thirty days of receipt; and providing a sunset provision.?
At
the respective requests of Delegate Cowles, and by unanimous consent, reference
of the bill (H. B. 203) to a committee was dispensed with, and it was taken up
for immediate consideration, read a first time and ordered to second reading.
??????????? By Mr. Speaker (Mr. Armstead) and Delegate Miley
??????????? [By
Request of the Executive]:
H. B. 204 - ?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?; which was
referred to the Committee on Finance.
Leaves of Absence
??????????? At the request of Delegate Cowles,
and by unanimous consent, leaves of absence for the day were granted Delegates
Summers, Upson and Wilson.
Miscellaneous Business
??????????? Delegate Caputo asked
and obtained unanimous consent that the remarks of Delegate Pushkin during
Remarks by Members today be printed in the Appendix to the Journal.
??????????? At 5:51 p.m., the House
of Delegate adjourned until 12:00 noon, Tuesday, October 17, 2017.