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Friday, November 10, 2006


The House of Delegates met at 6:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
Quorum Call

The roll being called (Roll No. 756), and 94 members having answered to their names, the Speaker declared the presence of a quorum.

The Clerk proceeded to read the Journal of Thursday, November 9, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 203, Terminating the tax credit for investment in West Virginia capital companies and venture capital companies after December 31, 2006,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 203 - "A Bill to amend
the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5E-1-23; and to further amend said code by adding thereto a new section, designated §5E-2-5, all relating to terminating authorization for certain tax credits for investment in capital companies and venture capital companies made after December 31, 2006 ,"
And,
H. B. 208, Abolishing the Corporation Net Income Tax adjustment for pre-1967 gains on the sale of property,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 208 - "A Bill to amend and reenact
§11-24-6 of the Code of West Virginia, 1931, as amended, relating to the elimination of the corporation net income tax adjustment for gains on the sale of certain property for which its valuation on July 1, 1967 is a factor ,"
With the recommendation that the committee substitutes each do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 203 and Com. Sub. for H. B. 208) were each taken up for immediate consideration, read a first time and ordered to second reading.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 201, Amending House Rule No. 82, relating to bypass of the Committee process,
And reports the same back with the recommendation that it be adopted.

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. 2001 -
" A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and increasing the amount of the senior citizens' and disabled persons' tax credit. "
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2001) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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 and reenact §11-24-6 of the Code of West Virginia, 1931, as amended, relating to the elimination of the corporation net income tax adjustment for pre-1967 gains on the sale of property."
At the respective requests of Delegate Staton, 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.
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 and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to consumers sales and service tax on sales, purchases and uses of food and food ingredients intended for human consumption; reducing rate of tax on sales, purchases and uses of food and food ingredients intended for human consumption to four percent of the sales price after the thirtieth day of June, two thousand seven; reducing the rate of tax on sales, purchases and uses of food and food ingredients intended for human consumption to three percent of the sales price after the thirtieth day of June, two thousand eight; and providing that the rate of tax on sales, purchases and uses of candy, prepared food, soft drinks and on sales of food through vending machines be six percent of the sales price after the thirtieth day of June, two thousand seven."
At the respective requests of Delegate Staton, 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.
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. 2004 -
" A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to reducing the rate of business franchise tax. "
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2004) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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 to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to reducing the rate of corporation net income tax."
At the respective requests of Delegate Staton, 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.
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. 2006 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5E-1-23; and to amend said code by adding thereto a new section, designated §5E-2-5, all relating to capital companies and venture capital companies; terminating authorization for the tax credit for investment in capital companies made after the thirty-first day of December, two thousand six; and terminating authorization for the tax credit for investment in a venture capital company made after the thirty-first day of December, two thousand six."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2006) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2007 - "A Bill to amend and reenact §5B-2E-5 and §5B-2E-11 of the Code of West Virginia, 1931, as amended, all relating to tourism development projects; increasing total amount of tourism development project tax credit available during calendar years; establishing a termination date for action on applications for tourism development projects; and validity of such projects not previously approved."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2007) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2008 - "A Bill to amend and reenact §11-21-71a of the Code of West Virginia, 1931, as amended, relating to increasing the rate of personal income tax withholding for certain nonresidents of West Virginia."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2008) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2009 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-71b, relating to personal income tax; imposing a withholding tax on estimated capital gains derived from the sale of West Virginia land, buildings or other real estate by a nonresident individual or part-year resident individual; declaring the amount of tax withheld; providing for payment of the tax withheld; providing optional provisions for filing a tax return; establishing liability for withholding tax; establishing authority to promulgate legislative rules; and establishing effective date of section."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2009) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2010 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §11-21-22, §11-21-22a, §11-21-22b and §11-21-22c, all relating to personal income tax; enacting a low-income family tax credit; defining terms; providing amount of credit; and providing for administration of credit."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2010) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2011 - "A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended, relating to an exemption from consumers sales and service tax for purchases by a contractor when the purchased materials will be used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure to be used primarily for manufacturing."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2011) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Frederick, Leach, Perdue, Ron Thompson and Trump.
At 6:50 p.m., the House of Delegates adjourned until 8:00 a.m., Saturday, November 11, 2006.