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Monday, November 13, 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.
The Clerk proceeded to read the Journal of Sunday, November 12, 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. 206, Reducing the rate of tax on sales, purchases and uses of food and food ingredients intended for human consumption,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 206 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-3b, all relating to the consumers sales and service tax generally; reducing the consumers sales and service tax on sales, purchases and uses of food and food ingredients intended for human consumption; and providing exceptions to the reduced rate of tax,"
And,
H. B. 209, Imposing a personal income tax withholding on capital gains derived from the sale of capital assets by nonresidents or part-year residents,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 209 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-71b, relating to requiring certain amounts to be withheld and paid to the tax commissioner from total payments made for the sale or exchange of real property and associated tangible personal property owned by a nonresident or nonresident entity; providing exceptions; providing penalties; and providing for administration,"
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. 206 and Com. Sub. for H. B. 209) were each taken up for immediate consideration, read a first time and ordered to second reading on today's calendar.
House Calendar

Unfinished Business

H. R. 201, Amending House Rule No. 82, relating to bypass of the Committee process; coming up in regular order, as unfinished business, was, on motion of Delegate Staton, laid over one day.
Third Reading

Com. Sub. for H. B. 203, Terminating the tax credit for investment in West Virginia capital companies and venture capital companies after December 31, 2006; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
Com. Sub. for H. B. 208, Abolishing the Corporation Net Income Tax adjustment for pre-1967 gains on the sale of property; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
S. B. 2001, Increasing certain senior citizens' and disabled persons' tax credit for property taxes; on third reading, coming up in regular order, was, by request of Delegate Staton, and by unanimous consent, postponed until the completion of consideration of H. B. 204, on second reading.
S. B. 2002, Eliminating corporation net income tax adjustment for pre-1967 gains on property sales; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Staton, the bill was then amended by striking out everything following the enacting clause and inserting in lieu thereof the provisions of H. B. 208.
The bill was then read a third time.
Delegate Walters requested to be excused from voting on the passage of S. B. 2002 under the provisions of House Rule 49, stating that he had ownership in a pre-1967 corporation.
The Speaker stated that the Gentleman was a member of a class of persons to be affected by the passage of the bill and refused to excuse him from voting thereon.
Delegate Armstead requested to be excused from voting on the passage of S. B. 2002 under the provisions of House Rule 49, stating that he represented his employer in transactions relating to the sale of property, which property may have included property obtained by the employer prior to 1967.
The Speaker stated that the Gentleman was a member of a class of persons and had no direct pecuniary interest in the bill and refused to excuse him from voting thereon.
These rulings will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non-reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 762), and there were--yeas 68, nays 25, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Blair, Border, Canterbury, Doyle, Duke, Frich, Hall, Hamilton, Lane, Leggett, Overington, Porter, Roberts, Schadler, Schoen, Sobonya, Stevens, Sumner, Tabb, Tansill, Wakim, Walters and Wysong.
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2002) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 206, Reducing the rate of tax on sales, purchases and uses of food and food ingredients intended for human consumption; having been reported from Committee in earlier proceedings, was taken up for further consideration.
Delegate Staton 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. 763), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
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.
Delegates Carmichael, Roberts, Ellem, Overington, Armstead, Lane and Frich moved to amend the bill on page one, section three-a, line twenty-three, by striking all of line twenty and the remainder of the bill and inserting in lieu thereof the following:
"§11-15-3a. Rate of tax on food and food ingredients intended for human consumption; reduction of tax beginning January 1, 2006; exemption from tax beginning July 1, 2007; and exemptions.

(a) Rate of tax on food and food ingredients. -- Notwithstanding any provision of this article or article fifteen-a of this chapter to the contrary, the rate of tax on sales, purchases and uses of food and food ingredients intended for human consumption after the thirty-first day of December, two thousand five, shall be five percent of its sales price, as defined in section two, article fifteen-b of this chapter: Provided, That after the thirtieth day of June, two thousand seven, sales, purchases and uses of food and food ingredients, as defined in section two, article fifteen-b of this chapter, intended for human consumption are exempt from the tax imposed in this article.
(b) Calculation of tax on fractional parts of a dollar. -- The tax computation under this section shall be carried to the third decimal place, and the tax rounded up to the next whole cent whenever the third decimal place is greater than four and rounded down to the lower whole cent whenever the third decimal place is four or less. The seller may elect to compute the tax due on a transaction on a per item basis or on an invoice basis provided the method used is consistently used during the reporting period.
(c) Exceptions. -- The reduced rate of tax and the exemption from tax provided in this section shall not apply to sales, purchases and uses by consumers of "prepared food," as defined in article fifteen-b of this chapter, which shall remain taxable at the general rate of tax specified in section three of this article and section two, article fifteen-a of this chapter.
(d) Federal food stamp and women, infants and children programs, other exemptions. -- Nothing in this section shall affect application of the exemption from tax provided in section nine of this article for food purchased by an eligible person using food stamps, electronic benefits transfer cards or vouchers issued by or pursuant to authorization of the United States Department of Agriculture to individuals participating in the federal food stamp program, by whatever name called, or the women, infants and children (WIC) program, or application of any other exemption from tax set forth in this article or article fifteen-a of this chapter.
(e) Legislative rules; emergency rules. -- The Tax Commissioner may promulgate legislative rules and emergency rules explaining and implementing this section, which rules shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code. The authority to promulgate rules includes authority to amend or repeal those rules. If proposed legislative rules for this section are filed in the State Register before the fifteenth day of December, two thousand five, those rules may be promulgated as emergency legislative rules, as provided in article three of said chapter twenty-nine-a."
And,
On page one, by amending the enacting section to read as follows:
"That §11-15-3a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows" followed by a colon.
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 764), and there were--yeas 31, nays 62, absent and not voting 7, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Evans, Frich, Hall, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump, Wakim, Walters and G. White.
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The bill was then ordered to engrossment and third reading.
S. B. 2003, Relating to consumers sales and service tax on food; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Staton the bill was then amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Com. Sub. for H. B. 206.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 765), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2003) passed.
On motion of Delegate Staton, the title of the bill was then amended to read as follows:
S. B. 2003 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-3b, all relating to the consumers sales and service tax generally; reducing the consumers sales and service tax on sales, purchases and uses of food and food ingredients intended for human consumption; and providing exceptions to the reduced rate of tax."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 2004, Reducing business franchise tax rate; on third reading, coming up in regular order, was, by request of Delegate Staton, and by unanimous consent, postponed until the completion of consideration of H. B. 202, on second reading.
S. B. 2005, Reducing corporation net income tax rate; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
Delegates Hall, Ashley, Blair, Hamilton, Schoen, Canterbury, Stevens, Azinger, Armstead, Evans, Schadler, Overington, Frich, Lane, Walters, Ellem and Duke moved to amend the bill on page three, section four, after line sixteen, by inserting the following:
"(5) In the case of taxable periods beginning on or after the first day of January, two thousand eight, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of eight percent.

(6) In the case of taxable periods beginning on or after the first day of January, two thousand nine, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of seven and one half percent.
(7) In the case of taxable periods beginning on or after the first day of January, two thousand ten, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of seven percent.
(8) In the case of taxable periods beginning on or after the first day of January, two thousand eleven, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of six and one half percent.
(9) In the case of taxable periods beginning on or after the first day of January, two thousand twelve, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of six percent."
On the adoption of the amendment, Delegate Hall demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 766), and there were--yeas 33, nays 60, absent and not voting 7, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Evans, Frederick, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump, Wakim, Walters and G. White.
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The bill was then read a third time.
Delegates Wakim, Armstead, Caputo, Hamilton, Kominar, Manchin, Pino, Schoen, Tabb, Rick Thompson, Trump, Walters, G. White and H. White requested to be excused from voting on the passage of S. B. 2005 under the provisions of House Rule 49, stating that they held ownership in a Subchapter C Corporation.
The Speaker stated that the foregoing members were of a class of persons to be affected by the passage of the bill and refused to excuse them from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 767), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2005) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 2006, Terminating certain tax credits for capital company and venture capital company investments; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Staton, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof, the provisions of Com. Sub. for H. B. 203.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 768), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2006) passed.
On motion of Delegate Staton, the title of the bill was then amended to read as follows:
S. B. 2006 - "A Bill to 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."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 2007, Relating to tourism development project tax credits; on third reading, coming up in regular order, was, by request of Delegate Staton, and by unanimous consent, postponed until the completion of consideration of Com. Sub. for H. B. 211, on second reading.
S. B. 2008, Increasing personal income withholding tax for certain nonresidents;; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 769), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson, Tucker and G. White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2008) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 209, Imposing a personal income tax withholding on capital gains derived from the sale of capital assets by nonresidents or part-year residents; having been reported from Committee in earlier proceedings, was taken up for further consideration.
Delegate Staton 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. 770), and there were--yeas 90, nays 2, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Frich and Wakim.
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson, Tucker and G. White.
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.
S. B. 2009, Imposing personal income withholding tax on property sales by nonresidents; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Staton, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the provisions of H. B. 209.
The bill was then read a third time.
Delegate Armstead requested to be excused from voting on the passage of S. B. 2009 under the provisions of House Rule 49, stating that he represented his employer in transactions relating to the sale of property that could be affected by the passage of the bill.
The Speaker stated that Delegate Armstead did not have a direct pecuniary interest in the bill and was a member of a class of persons to be affected by the passage thereof and refused to excuse him from voting thereon.
Delegates Trump and Lane also requested to be excused from voting, stating that the bill imposed new duties and liabilities on settlement attorneys.
The Speaker ruled that Delegates Trump and Lane were members of a class of person to possibly be affected thereby and refused to excuse them from voting.
These rulings will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non-reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 771), and there were--yeas 85, nays 8, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Border, Carmichael, Frich, Hall, Leggett and Wakim.
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2009) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
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 requiring certain amounts to be withheld and paid to the tax commissioner from total payments made for the sale or exchange of real property and associated tangible personal property owned by a nonresident or nonresident entity; providing exceptions; providing penalties; and providing for administration."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 2010, Providing low-income family tax credit; on third reading, coming up in regular order, was, by request of Delegate Staton, and by unanimous consent, postponed until the completion of consideration of Com. Sub. for H. B. 205, on second reading.
S. B. 2011, Providing tax exemption for certain purchases by contractors for direct-use manufacturing plants; on third reading, coming up in regular order, was, by request of Delegate Staton, and by unanimous consent, postponed until the completion of consideration of Com. Sub, for H. B. 210, on second reading.
Second Reading

H. B. 201, Reducing the Corporation Net Income Tax rate; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 202, Reducing the Business Franchise Tax rate; on second reading, coming up in regular order, was read a second time.
Delegates Hall, Ashley, Blair, Hamilton, Schoen, Canterbury, Stevens, Azinger, Armstead, Evans, Schadler, Overington, Frich, Lane, Walters, Ellem and Duke moved to amend the bill on page two, section six, line twenty-five, by striking all of subdivision "(4)", and inserting in lieu thereof the following:
"(4) Taxable years after January 1, 2007.- For taxable years beginning on or after the first day of January, two thousand seven, the amount of tax due under this article shall be the greater of fifty dollars or thirty-five hundredths of one percent of the value of the tax base as determined under this article.
(5)
Taxable years after January 1, 2008.- For taxable years beginning on or after the first day of January, two thousand eight, the amount of tax due under this article shall be the greater of fifty dollars or thirty hundredths of one percent of the value of the tax base as determined under this article.
(6)
Taxable years after January 1, 2009.- For taxable years beginning on or after the first day of January, two thousand nine, the amount of tax due under this article shall be the greater of fifty dollars or twenty-five hundredths of one percent of the value of the tax base as determined under this article.
(7)
Taxable years after January 1, 2010.- For taxable years beginning on or after the first day of January, two thousand ten, the amount of tax due under this article shall be the greater of fifty dollars or twenty hundredths of one percent of the value of the tax base as determined under this article.
(8)
Taxable years after January 1, 2011.- For taxable years beginning on or after the first day of January, two thousand eleven, the amount of tax due under this article shall be the greater of fifty dollars or fifteen hundredths of one percent of the value of the tax base as determined under this article.
(9)
Taxable years after January 1, 2012.- For taxable years beginning on or after the first day of January, two thousand twelve, the amount of tax due under this article shall be the greater of fifty dollars or ten hundredths of one percent of the value of the tax base as determined under this article.
(10)
Removal of tax- For taxable years beginning on or after the first day of January, two thousand thirteen, the tax imposed in this article is abolished."
On the adoption of the amendment, Delegate Hall demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 772), and there were--yeas 35, nays 58, absent and not voting 7, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Evans, Frederick, Frich, Hall, Hamilton, Howard, Lane, Leggett, Long, Louisos, Overington, Porter, Roberts, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Susman, Tansill, Trump, Wakim, Walters and Gil White.
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The bill was then ordered to engrossment and third reading.
S. B. 2004, Reducing business franchise tax rate; on third reading, with the right to amend, was reported by the Clerk.
On motion of Delegate Staton, the bill was amended on page one, following the enacting clause by striking out the remainder of the bill and inserting the provisions of H. B. 202.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 773), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2004) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows: 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 the business franchise tax."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 204, Increasing the amount of the senior citizens' and disabled persons' tax credit;on second reading, coming up in regular order, was read a second time.
Delegate Duke moved to amend the bill on page two, section twenty-one, line two, by striking out the word "low-income",
On page two, section twenty-one, line thirteen, by striking out the word "low-income",
And,
On page three, section twenty-one, line five, by striking out all of subdivision "(1)" and redesignating the remaining subdivisions.
On the adoption of the amendment, Delegate Duke demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 774), and there were--yeas 31, nays 61, absent and not voting 8, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Blair, Border, Canterbury, Doyle, Duke, Ellem, Evans, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tabb, Trump, Wakim, Walters and Wysong.
Absent And Not Voting: Ferrell, Leach, Paxton, Perdue, Romine, Talbott, Thompson, Ron and Tucker.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The bill was then ordered to engrossment and third reading.
Delegate Paxton announced that had he been present on the foregoing roll call, he would have voted "nay" thereon.
S. B. 2001, Increasing certain senior citizens' and disabled persons' tax credit for property taxes; on third reading, with the right to amend, was reported by the Clerk.
On motion of Delegate Staton, the bill was amended by striking everything following the enaction clause and inserting in lieu thereof the provisions of Com. Sub. for H. B. 204.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 775), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2001) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
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 taxes generally; increasing the amount of the senior citizens' and disabled persons' refundable personal income tax credit for certain ad valorem property taxes paid; and authorizing the tax commissioner to not provide a refund of the credit if the amount of the refund is less than ten dollars."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 205, Providing a personal income tax credit based on income level and family size; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
S. B. 2010, Providing low-income family tax credit; on third reading, with right to amend, was reported by the Clerk.
On motion of Delegate Staton, the bill was amended on page one, following the enacting clause by striking out the remainder of the bill and inserting the provisions of Com. Sub. for H. B. 205.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 776), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2010) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
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 generally; enacting a low income family tax credit; defining terms; establishing dates upon which credit becomes available and amounts of credit; and providing for administration of credit."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 207, Increasing the rate of withholding for certain nonresidents of West Virginia; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 210, Relating to an exemption from consumers sales and service tax; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
S. B. 2011, Providing tax exemption for certain purchases by contractors for direct-use manufacturing plants; on third reading with the right to amend, was reported by the Clerk.
On motion of Delegate Staton, the bill was amended on page one, following the enacting clause by striking out the remainder of the bill and inserting the provisions of Com. Sub. for H. B. 210.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 777), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Perdue, Romine, Talbott, Ron Thompson and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2011) passed.
On motion of Delegate Staton, the title of the bill was then amended to read as follows: S. B. 2011 - "A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended, relating to providing 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 primarily used for manufacturing."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 7:52 p.m., on motion of Delegate Staton, the House of Delegates recessed for fifteen minutes, and reconvened at that time.
Delegate Perdue noted to the Clerk that had he been present when the votes were taken on Roll Nos. 764, 766, 772 and 774, he would have voted "nay" thereon; and on Roll Nos. 762, 763, 765, 767, 768, 769, 770, 771, 773, 775, 776 and 777 he would have voted "Yea" thereon.
Com. Sub. for H. B. 211, Modifying the total amount of tourism development project tax credit available; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
S. B. 2007, Relating to tourism development project tax credits; on third reading, having been postponed until this time, was, on motion of Delegate Staton, laid over one day.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 212, Making a supplementary appropriation to the Department of Administration - Consolidated Public Retirement Board.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Leach, Romine, Talbott, Ron Thompson and Tucker.
Delegate Staton moved that the House of Delegates adjourn until 6:00 p.m., Tuesday, November 14, 2006.
On the motion to adjourn, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 778), and there were--yeas 86, nays 3, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Border, Lane and Sobonya.
Absent and Not Voting: Browning, Ferrell, Hall, Leach, Romine, Schoen, Spencer, Talbott, Ron Thompson, Tucker and G. White.
So, a majority of the members present and voting having voted in the affirmative, at 8:42 p.m, the House of Delegate adjourned until 6:00 p.m. Tuesday, November 14, 2006.