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Tuesday, February 13, 2007

THIRTY-FIFTH DAY


[Mr. Speaker, Mr. Thompson, in the Chair]


The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.
The Clerk proceeded to read the Journal of Monday, February 12, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2130, Eliminating any reduction in the benefit of a deputy sheriff who is disabled on the job,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2130) was referred to the Committee on Finance.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2716, Reducing state income taxes for state and federal retirees by increasing the exemption on retirement income,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2716) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2353, Authorizing the transfer of a portion of the reserve of the Public Employees Insurance Agency to the West Virginia Retiree Health Benefit Trust Fund,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2353) was referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2718, Relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2718 - "A Bill to amend and reenact §29-22-18,of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10c of said code; to amend said code by adding thereto a new article, designated §29-22C-1, §29-22C-2, §29-22C-3, §29-22C-4, §29- 22C-5, §29-22C-6, §29-22C-7, §29-22C-8, §29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29- 22C-13, §29-22C-14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C- 20, §29-22C-21, §29-22C-22, §29-22C-23, §29-22C-24, §29-22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30, §29-22C-31, §29-22C-32, §29-22C-33 and §29-22C-34; and to amend and reenact §29-25-1 of said code, all relating to authorization of West Virginia lottery table games; setting temporary percentage for Lottery Commission operation and administration expenses; providing recoupment criteria and changing the recoupment period for the capital reinvestment fund; authorizing West Virginia Lottery table games at licensed horse and dog racetracks; providing for legislative findings, declarations and intent; providing for Lottery Commission regulation of gaming activities; authorizing the Lottery Commission to promulgate rules; authorizing the Lottery Commission and Director to hire necessary staff; placing requirements and limitations on Lottery employees; providing for duties and powers and administrative expenses of the state Lottery Commission; requiring local option elections to approve licensure of West Virginia Lottery table games at racetrack facilities; providing for reconsideration elections after five years; providing for licenses to engage in activities related to operation of West Virginia Lottery table games at racetrack facilities; providing qualifications for applicant for license to operate West Virginia Lottery table games at a racetrack facility; providing floor plan requirements; authorizing management service contracts; coordination of licensed activities; providing license application requirements; establishing special fee for failure to construct certain facilities; racetrack table games licensee qualifications; establishing license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral; requiring audits and reports of licensee; providing duties of racetrack table games licensees; preference in hiring for table games jobs; providing that the state owns right to conduct table games and may license West Virginia Lottery table games to qualified licensees; providing duties for racetrack table games licensees; providing reporting requirements for table games licensees; establishing requirements for supplier licensees; establishing requirements of license for employees of operator of racetracks with West Virginia Lottery table games; establishing requirements for management services provider license; providing a prohibition of false statements on application for license; providing grounds for denial, revocation or suspension of license; establishing hearing procedures; providing for expiration and renewal of licenses; providing renewal fees; specifying information to be included on license; requiring display and availability of license; requiring notice of change of address; requiring commission approval of West Virginia Lottery table games rules of play; providing for method to determine betting limits and operations and services by racetrack licensee; requiring the posting of betting limits and other requirements relating to operations and services; establishing standards for offering complimentary goods and services; providing conditions for sale of alcohol; providing for contract agreements and cost for law-enforcement services; authorizing inspections and seizure of certain property; authorizing warrantless searches of person and property; imposing privilege tax on adjusted gross receipts of racetrack with West Virginia Lottery table games; providing for filing and payment of taxes; exempting racetrack licensees from certain taxes; creating State Racetrack Table Games Fund; providing for distribution of amounts in Fund; providing prohibited wagers and other activities; prohibiting wagers by certain persons; establishing criminal offenses and penalties; providing for forfeiture of certain property; providing civil penalties; providing for the preemption of certain local laws and rules; providing for exemption from certain federal laws relating to shipment of gambling devices; and revising legislative findings relating to authorization of West Virginia Lottery table games at a well established resort hotel,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2712, Regarding whether a bank's application to establish a branch presents a significant supervisory concern or significant legal or policy issue,
H. B. 2745, Increasing the fine for furnishing alcohol to persons under 21 years of age,
H. B. 2825, Eliminating the provision that allowed private clubs segregated on the basis of race or color to obtain a license to sell alcoholic beverages,
And,
H. B. 2956, Relating to civil actions filed in the courts of the state,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2741, Relating to worthless checks,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2741 - "A Bill to amend and reenact §61-3-39a, §61-3-39b and §61-3- 39f of the Code of West Virginia, 1931, as amended, all relating to worthless checks generally; providing a defense; and authorizing magistrate courts to accept certain criminal complaints from private citizens,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2575, Relating to commercial driver's licences (CDL),
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2575 - "A Bill to amend and reenact §17E-1-3, §17E-1-6, §17E-1-7, §17E-1-8, §17E-1-13, §17E-1-20 and §17E-1-25 of the Code of West Virginia, 1931, as amended, all relating to commercial driver's licences; updating the definition of hazardous materials; reducing the penalty for driving a commercial motor vehicle without a commercial driver's license in possession; reducing the penalty for driving a commercial motor vehicle without a commercial driver's license or proper endorsement; updating provisions pertaining to commercial driver's licenses to conform with federal law; suspending, revoking or canceling the privilege of operating a motor vehicle for offenses in another state; and providing a civil penalty for persons convicted of violating an out-of-service order,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
S. B. 142, Providing penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2206, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2206 - "A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931, as amended, relating to protection of registered dogs; prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog, or turning off a radio transmitting collar without the permission of the owner; providing for limited exceptions thereto; and establishing related penalties,"
With the recommendation that the committee substitute do pass.
Messages from the Senate

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 and referred to the Committee on Rules:
Com. Sub. for S. C. R. 16 - "Requesting the Division of Highways name bridge number 2890 (unofficially called the Russell Creek Bridge) in Huntington, Cabell County, the 'Michael Dale Thomas Memorial Bridge'."
Whereas, Michael Dale Thomas, a naval corpsman, served his country and state during the Vietnam War; and
Whereas, Sadly, Michael Dale Thomas was killed in action on January 11, 1969, in the Quang Nam province of South Vietnam; and
Whereas, The Russell Creek Bridge spans the Guyandotte River and connects U. S. Route 60 East with Riverside Drive and 5th Street in Altizer Addition; and
Whereas, Michael Dale Thomas lived on 4th Street in Altizer, less than two blocks from the bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge 2890 (unofficially called the Russell Creek Bridge) in Huntington, Cabell County, the "Michael Dale Thomas Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Michael Dale Thomas Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of the late Michael Dale Thomas.
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 and referred to the Committee on Rules:
Com. Sub. for S. C. R. 20 - "Requesting the Division of Highways name the section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way the 'Adam Johnson Crumpler Memorial Midland Trail'."
Whereas, Adam Johnson Crumpler was born August 31, 1985, and graduated from Riverside High School in 2003; and
Whereas, Sadly, Lance Corporal Adam Johnson Crumpler was killed in action on June 18, 2005, while serving his state and country in Iraq; and
Whereas, Naming the section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way would forever honor the memory of Lance Corporal Adam Johnson Crumpler who made the ultimate sacrifice for his country and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way the "Adam Johnson Crumpler Memorial Midland Trail"; and, be it
Further Resolved, That the Division Highways is requested to have made and be placed signs identifying the section of U. S. Route 60 in Kanawha County as the "Adam Johnson Crumpler Memorial Midland Trail"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of the late Adam Johnson Crumpler.
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 and referred to the Committee on Rules:
Com. Sub. for S. C. R. 25 - "Requesting the Division of Highways name bridge number 2847 on U. S. Route 52 that spans Elkhorn Creek in Landgraff, McDowell County, the 'Luke Simplicio Memorial Bridge'."
Whereas, Luke Simplicio was born December 31, 1944, in McDowell County; and
Whereas, Luke Simplicio was a veteran of the United States Air Force from 1962 to 1966, including serving one year in Korea; and
Whereas, Luke Simplicio began his career with the Division of Highways in McDowell County in 1987; and
Whereas, Sadly, Luke Simplicio died May 16, 2006, from injuries sustained in a work- related accident while working as a crew leader near the bridge on U. S. Route 52 that spans Elkhorn Creek; and
Whereas, It is fitting that bridge number 2847 on U. S. Route 52 in Landgraff, McDowell County, be named the "Luke Simplicio Memorial Bridge" as a tribute to his public service; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 2847 on U. S. Route 52 that spans Elkhorn Creek in Landgraff, McDowell County, the "Luke Simplicio Memorial Bridge"; and, be it
Further Resolved, That the Division Highways is requested to have made and be placed signs identifying the bridge as the "Luke Simplicio Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of the late Luke Simplicio.
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 and referred to the Committee on Rules:
S. C. R. 26 - "Requesting the Division of Highways name the bridge on U. S. Route 60 crossing the Coal River in St. Albans, Kanawha County, the 'Earl Henry Curnutte Bridge'."
Whereas, Earl Henry Curnutte was born December 30, 1926, in Cabin Creek, Kanawha County; and
Whereas, During World War II, Earl Henry Curnutte joined in America's fight against Japan and was severely wounded in a battle in Okinawa; and
Whereas, Earl Henry Curnutte has dedicated his life to supporting America's veterans; and
Whereas, Earl Henry Curnutte has served his community by pastoring two churches; and
Whereas, It is fitting that the bridge on U. S. Route 60 crossing the Coal River in St. Albans, Kanawha County, be named the "Earl Henry Curnutte Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on U. S. Route 60 crossing the Coal River in St. Albans, Kanawha County, the "Earl Henry Curnutte Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Earl Henry Curnutte Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Earl Henry Curnutte.
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 and referred to the Committee on Rules:
S. C. R. 27 - "Requesting the Division of Highways name bridge number 2892 on State Route 119 in Mingo County the 'Ida and Isaac "Ike" Newsome, Sr., Memorial Bridge'."
Whereas, Ida Newsome was born February 22, 1905, the daughter of Joseph and Mary Rose Evans; and
Whereas, Ida Newsome taught in the Mingo County school system for more than 30 years and served for 28 years on the Mingo County Democratic Executive Committee as a representative of the Old Hardee District; and
Whereas, Isaac "Ike" Newsome, Sr., was born January 16, 1903, the son of John Wesley and Tennessee Horton Newsome; and
Whereas, Isaac "Ike" Newsome, Sr., was a timberman, Mingo County jailer, coal miner and supervisory official of the Division of Highways; and
Whereas, Ida and Isaac "Ike" Newsome, Sr., were married November 23, 1923, at Naugatuck, Mingo County, where they raised seven children; and
Whereas, Ida and Isaac "Ike" Newsome, Sr., were dedicated to their community for many years and contributed much to those who were less fortunate; and
Whereas, It is fitting that bridge number 2892 on State Route 119 in Mingo County be named the "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 2892 on State Route 119 in Mingo County the "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Ida and Isaac "Ike" Newsome, Sr.
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 and referred to the Committee on Rules:
S. C. R. 30 - "Requesting the Division of Highways name the Harvey Street bridge in Williamson, Mingo County, the 'Pete Dillon Bridge'."
Whereas, Pete Dillon is a life-long resident of Williamson, Mingo County, and worked for the City of Williamson for 32 years; and
Whereas, Pete Dillon served in several capacities for the City of Williamson, including: General laborer, truck driver, Flood Wall Supervisor and Street Commissioner. On March 31, 1978, he retired as the Maintenance Supervisor for the Williamson Housing Authority at Goodman Manor; and
Whereas, It is fitting that the bridge on Harvey Street in Williamson, Mingo County, be named the "Pete Dillon Bridge" in honor of his dedication to the City of Williamson; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the Harvey Street bridge in Williamson, Mingo County, the "Pete Dillon Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Pete Dillon Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Pete Dillon.
Resolutions Introduced

Delegates Stephens, Reynolds, Craig and Morgan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 32 - "Requesting the Division of Highways to name the bridge in Cabell County at Russell Creek and U.S. Route 60 E. which connects the community of Altizer to U. S Route 60 E. and is identified as Division of Highways bridge number 2890 as the 'Seaman Apprentice, Roger Dale Childers Memorial Bridge'."
Whereas, Roger Dale Childers was born January 10, 1948, the son of Mildred Johnson Childers and Norman Childers; and
Whereas, Roger Dale Childers graduated from Barboursville High School in 1965 and like many of his peers at the time, shortly thereafter joined the United States Navy; and
Whereas, While in the United States Navy, Roger Dale Childers became a seaman apprentice; and
Whereas, On June 10, 1967, Roger Dale Childer's parents received the following telegram "I deeply regret to confirm on behalf of the United States Navy that your son, Roger Dale Childers ...previously reported missing in action now has been reported to have been killed in action on September 13, 1966 when the helicopter he was aboard crashed while on a combat mission over Viet Cong territory in South Vietnam. His remains have been recovered from the crash site. Your son died while serving his country"; and
Whereas, The sacrifice of one's life in the service of one's country is a noble and selfless act; and
Whereas, We cannot as a state and a nation forget the sacrifice of Roger Dale Childers because to do so would mean that we would lose sight of what it means to be an American and dishonor his ultimate sacrifice and the sacrifices of his peers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge in Cabell County at Russell Creek and U.S. Route 60 E. which connects the community of Altizer to U. S Route 60 E. and is identified as Division of Highways bridge number 2890 as the "Seaman Apprentice, Roger Dale Childers Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Seaman Apprentice, Roger Dale Childers Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby requested to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Seaman Apprentice, Roger Dale Childers.
Mr. Speaker, Mr. Thompson, and Delegate Armstead [By Request of the Executive], offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 33 - "Designating The West Virginia Legislature as a Legislature of Promise and urging legislative support of communities within the state who are committed to delivering the five fundamental resources of America's Promise to West Virginia's youth."
Whereas, The President's Summit for America's Future in one thousand nine hundred ninety-seven challenged the nation to make children and youth a national priority by providing opportunities for their success through the fulfillment of fundamental promises; and
Whereas, America's Promise - The Alliance for Youth, founded by former Secretary of State Colin Powell, was initiated at the President's Summit in one thousand nine hundred ninety- seven and earned the support of Presidents Clinton, Bush, Reagan, Carter and Ford; and
Whereas, The current President reaffirmed his commitment to this important initiative in two thousand one; and
Whereas, America's Promise is an alliance that brings together communities, individuals, and organizations from all sectors to improve opportunities for children and youth; and
Whereas, The mission of America's Promise is to strengthen the character and competence of America's youth and to see that every child in America has the fundamental resources that he or she needs to be prepared for the future; and
Whereas, America's Promise utilizes donations received to improve health care in schools, provided education for technology, recruit mentors for young people, and build and maintain community centers; and
Whereas, America's Promise provides five basic promises for youth:
*Caring Adults who are vitally involved in their lives as parents, mentors, tutors, and coaches;

*Safe Places with structured activities for learning and play;

*A Healthy Start that encourages healthy choices;
*An Effective Education that builds marketable skills; and
*
Opportunities to help others; and

Whereas, West Virginia became a State of Promise in under the leadership of Governor Joe Manchin III and First Lady Gayle C. Manchin; and
Whereas, Monroe and Mercer counties earned the honor of being named part of the "100 Best Communities for Young People" in two thousand seven and continue to lead a statewide network of organizations and individuals throughout the state intent on delivering the five promises to the youth in their communities; and
Whereas, Communities of Promise are dependent upon leaders in the community to implement programs designed to deliver the five promises locally; and
Whereas, Citizens look to their elected officials for support of programs that ensure the success of youth; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Seventy-Eighth Legislature hereby declare that the Legislature of the State of West Virginia be declared a "Legislature of Promise"; and, be it
Further Resolved, That the members of the Legislature support and encourage programs and promote the development of new Communities of Promise within their districts by fostering programs designed to deliver the five promises to the youth of the State of West Virginia.
Delegates Rodighiero, Swartzmiller, Morgan, Stemple, Pethtel and Eldridge offered the following resolution, which was read by the Clerk:
H. R. 19 - "Designating February 13, 2007, as 'Law Enforcement Appreciation Day."
Whereas, West Virginia can boast as having one of the lowest crime rates in the United States; and
Whereas, It is fitting and proper that law-enforcement officers be commended, encouraged and honored for their contributions that have resulted in these statistics; and
Whereas, Law-enforcement officers give generously of themselves both in spirit and deed so others might share in the joy of living in a free and democratic society; and
Whereas, Law-enforcement officers have the desire to help their fellow citizens in times of need, no matter how dangerous or difficult the situation; and
Whereas, We honor and appreciate the outstanding law-enforcement officers who have distinguished themselves with unselfish and exemplary services to the community and its citizens; therefore, be it
Resolved by the House of Delegates
:
That the Legislature hereby declares February 13,2007, as "Law Enforcement Appreciation Day"; and, be it
Further Resolved, That all West Virginians are encouraged to give due recognition to law- enforcement officers for distinguishing West Virginian with one of the lowest crime rates in America.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 19) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Sumner, Porter and Canterbury:
H. B. 3013
- "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing for special registration plates bearing the logo, symbol, insignia, letters or words demonstrating association with or support for Mountain State University"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Hrutkay, Mahan, M. Poling, Hatfield, Amores, Brown, Martin, Michael, Morgan and Fleischauer:

H. B. 3014
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-3D-1, §5A-3D-2, §5A-3D-3, §5A-3D-4, §5A-3D-5, §5A-3D-6, §5A-3D-7, §5A-3D-8, §5A-3D-9, §5A-3D-10, §5A-3D-11, §5A-3D-12 and §5A-3D-13, all relating to creating a pharmaceutical program for the state; creation of a West Virginia Pharmaceutical Commission; designating members; setting forth the commission's responsibilities; establishing pricing parameters for pharmaceuticals; setting forth waiver procedures; setting forth state responsibilities; providing pharmaceutical reporting requirements; creating civil and criminal penalties; providing savings uses; and providing rule-making authority and sunset provisions"; to the Committee on Health and Human Resources then Finance.
By Delegates D. Poling, Ellem, Williams, Kessler and Reynolds:
H. B. 3015
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-58, relating to requiring vendors to provide flush lavatory facilities and washing facilities at state funded construction projects equal to or exceeding five million dollars; exceptions and penalties"; to the Committee on Government Organization.
By Delegates Argento, Eldridge and Miley:
H. B. 3016
- "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to use of safety belts by motor vehicle drivers and passengers; and making the fine for failure to wear a seat belt a flat fine of twenty-five dollars"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Argento, Perdue, Stemple, Barker and Martin:
H. B. 3017
- "A Bill to amend and reenact §16-2-11 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of local boards of health; and requiring the approval of the Secretary of the Department of Health and Human Resources of proposed rules of local boards of health"; to the Committee on Government Organization then the Judiciary.
By Delegates Staggers, Webster, White, Shook, Fleischauer, Moye, M. Poling, C. Miller, Perdue, Wysong and Paxton:

H. B. 3018
- "A Bill to amend and reenact §44-1-14a of the Code of West Virginia, 1931, as amended, relating to limiting the duplication of publication costs in the administration of certain estates"; to the Committee on the Judiciary.
By Delegates Stephens and Marshall:
H. B. 3019
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-3-11, relating to banning the use of nonorganic herbicides within state roads rights-of-way"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Stephens, Reynolds and Morgan:
H. B. 3020
- "A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to deleting the prohibition against magistrate assistants being related to magistrate court deputy clerks"; to the Committee on the Judiciary.
By Delegates Stephens, Reynolds and Marshall:
H. B. 3021
- "A Bill to amend and reenact §21-3-10a of the Code of West Virginia, 1931, as amended, relating to requiring rest periods for employees during each four hours of work"; to the Committee on Industry and Labor, Economic Development and Small Business.
By Delegates Stephens, Sobonya and C. Miller:
H. B. 3022
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-18b, relating to exempting motor vehicles in funeral processions from the requirement to pay tolls on parkway projects; and providing that the exemption only applies when a motor vehicle clearly displays a flag, emblem or other visible designation indicating it is part of a funeral procession"; to the Committee on Roads and Transportation then Finance.
By Delegates Stephens, Sobonya and Marshall:
H. B. 3023
- "A Bill to amend and reenact §62-11B-7a of the Code of West Virginia, 1931, as amended, relating to home incarceration supervisors; and authorizing home incarceration supervisors to arrest persons who obstruct them in the performance of their duties"; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 3024 - "A Bill to amend and reenact §23-5-1 of the Code of West Virginia, 1931, as amended, relating to improving claimants' access to worker's compensation adjusters by requiring that all worker's compensation adjusters employed by a private insurance carrier shall be located within the geographic borders of West Virginia"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Wysong, Moore, Tabb, Doyle, Guthrie, Hatfield, Brown, Mahan, Marshall, Staggers and Fleischauer:

H. B. 3025 - "A Bill to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to removing the ten year limitation on executing on liens for child support"; to the Committee on the Judiciary.
By Delegates M. Poling, Hatfield, Fragale, Moye, Caputo, Marshall, Beach, Shook, Stephens, Hrutkay and Fleischauer:

H. B. 3026
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-13, relating to overtime and holiday pay for classified employees; and providing for additional payment for weekend and holiday work"; to the Committee on the Judiciary then Finance.
By Delegates Eldridge, Rodighiero, Ellis, Amores, Lane, Yost, Campbell, Staggers, Marshall and Stephens:

H. B. 3027
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12h, relating to allowing a federal adjusted gross income deduction for the amount spent for medical expenses"; to the Committee on Finance.
By Delegates Overington, Schadler, Andes, Cowles and J. Miller:
H. B. 3028
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5A-12, relating to exempting construction performed on behalf of county and municipal governments from prevailing wage requirements"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Overington, Schadler, Cowles, J. Miller and Andes:
H. B. 3029
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5A-12, relating to exempting construction performed on behalf of educational authorities from prevailing wage requirements"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Guthrie, Burdiss and Kessler:
H. B. 3030
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-22A-1, relating to the imposition of a tax on corporations for the transfer of corporate real estate or equipment within five years of commencing operations in this state; and, additionally, imposing the tax on corporations who reassign equipment to operations outside the United States"; to the Committee on Finance.
By Delegate Guthrie:
H. B. 3031
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-12-75a, relating to imposing an annual tax on land-holdings in excess of one thousand acres"; to the Committee on Finance.
By Delegates Lane, Sobonya and Ellem:
H. B. 3032
- "A Bill to amend and reenact §50-4-2a of the Code of West Virginia, 1931, as amended, relating to requiring an initial hearing before a magistrate before a person subject to arrest may be detained in a regional jail"; to the Committee on the Judiciary.
By Delegates Ennis (By Request), Yost, Swartzmiller, Shaver, Varner and Cann:
H. B. 3033
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12h, relating to the personal income tax; specifying that income derived from federal military or federal police pensions that have been converted to federal civil service system pensions shall be treated as federal military or federal police pensions for purposes of the modifications to federal adjusted gross income set forth in article twenty-one, chapter eleven of the code"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Shaver, Argento, Browning, Perry, Beach, Wysong, Moye and Pethel:
H. B. 3034
- "A Bill to amend and reenact §11-12-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting the Tax Commissioner from issuing a new business registration certificate to any new business owned, managed, operated by or in which any person participated as a member of a board of directors, partner, manager or member director of a business that is delinquent in the payment of personal property taxes"; to the Committee on Government Organization then Finance.
By Delegates Eldridge, Rodighiero, Ellis, Hrutkay, Amores, Longstreth, Staggers, Campbell, Marshall and Stephens:

H. B. 3035
- "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting the establishment of new methadone treatment programs and clinics in this state except for programs and clinics operated by comprehensive community mental health centers; requiring all private and community mental health center methadone treatment programs to monitor each patient's pharmacy registry each month"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Rowan, Manchin, Sumner, Schoen, Wysong, Varner, Perry, Pino, Schadler, Cowles and Duke:

H. B. 3036
- "A Bill to reform, alter and modify the county commission of Hampshire County under the provisions of section 13, article IX of the Constitution of West Virginia"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Azinger:
H. B. 3037
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-6-17a, relating to prohibiting employees at restaurants from handling drinking vessels by touching on or near the vessel's brim"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Moore, Paxton, Proudfoot, Evans and Wells:
H. B. 3038
- "A Bill to amend and reenact §29-27-3 and §29-27-5 of the Code of West Virginia, 1931, as amended, all relating to authorizing the National Coal Heritage Area Authority to assist in the historical, cultural, recreational and economic development of Coalwood Way and related sites in the Big Creek District of McDowell County; and adding the Commissioner of the Division of Highways as a nonvoting member of the authority board"; to the Committee on Government Organization then the Judiciary.
By Delegates Ashley, Carmichael, DeLong, Cann and Swartzmiller:
H. B. 3039
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10 and §30-41-11, all relating to establishment of the Athletic Training Licensure Act of 2007; providing for licensure of athletic trainers; defining the practice of athletic training and athletic injury; establishing the Athletic Training Licensure Board; providing for operation of the board; providing fees and costs associated therewith; setting forth the powers and duties of the board; providing for educational and licensing requirements for practice as an athletic trainer; providing continuing education; providing enforcement powers and procedures; prohibiting certain unlicensed practice; providing criminal penalties; and providing exemptions, including provisions exempting licensed medical practitioners, student athletic trainers and state-certified athletic trainers practicing in secondary school settings"; to the Committee on Government Organization then Finance.
By Delegates Fleischauer, Shook, M. Poling, Hatfield, Guthrie, Longstreth, Eldridge, Rodighiero, Moore and Hamilton:

H. B. 3040
- "A Bill to amend and reenact §6B-3-1 and §6B-3-4 of the Code of West Virginia, 1931, as amended, all relating to requiring the reporting and publication of all compensation, including contingent compensation, paid to lobbyists for all lobbying activities; providing for a definition of 'contingent compensation'"; to the Committee on the Judiciary.
By Delegates Hamilton, Mahan, Tansill, Shook, Miley, Blair, Ellem, Klempa, Shaver, M. Poling and Tabb:

H. B. 3041 - "A Bill to amend and reenact §22-6-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-7-3 of said code, all relating to prohibiting oil and gas operators from daylighting; defining daylighting; promulgation of rules; exceptions; and providing increased compensation for surface owners under certain circumstances"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Paxton:
H. B. 3042
- "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-28-3 of said code, all relating to exempting children receiving an exemption from compulsory school attendance in favor of church school from the standardized testing requirement"; to the Committee on Education.
By Delegates Long, Mahan, Williams, Shaver, Tabb, Porter and Schadler:
H. B. 3043
- "A Bill to amend and reenact §11-14C-2 and §11-14C-9 of the Code of West Virginia, 1931, as amended, all relating to exempting heating oil for residential use from the Motor Fuel Excise Tax"; to the Committee on Finance.
By Delegates Hrutkay, Manchin, Martin and Wysong:
H. B. 3044
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17- 27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13, §17-27-14, §17-27-15, §17-27-16, §17-27-17, §17-27-18 and §17-27-19, all relating to establishment of the Public-Private Transportation Facilities Act of two thousand seven; setting forth legislative findings and purposes; defining terms; providing prerequisites for development of a transportation facility; creating public- private transportation oversight responsible public entity; creating the powers and duties of the responsible public entity; providing for the submission of proposals and approval by the responsible public entity; providing for service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; providing for federal, state and local assistance; addressing material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of condemnation; addressing utility crossings and relocations; addressing dedication of assets; qualifying transportation facilities as public improvements; providing for an exemption of qualifying transportation facilities from taxation; and addressing construction and severability"; to the Committee on Roads and Transportation then Finance.
By Delegates Craig, Cann, Michael, Swartzmiller and Paxton:
H. B. 3045
- "A Bill to amend and reenact §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to creating a new pay grade classification of 'bus operator II'"; to the Committee on Education then Finance.
By Delegate Ellem:
H. B. 3046
- "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-10-4a, all relating to the providing for issuance of special license plates for pet owners or pet enthusiasts; collecting a fee to be deposited in a special fund; providing the West Virginia Board of Veterinary Medicine administer the fund to pay for spaying and neutering of pet dogs and cats or to promote public awareness about the benefits of spaying and neutering of pet dogs and cats; and, requiring the board to propose rules designed to guide the use of funds in accordance with the intent of the legislation"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates M. Poling, Hatfield and Paxton:
H. B. 3047
- "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to changing the paygrade of 'sanitation plant operator' from 'F' to 'G'"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 3048 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13Q-10a, relating to the economic opportunity tax credit; providing credit for specified high technology manufacturers; specifying definitions"; to the Committee on Finance.
By Delegates Wysong, Tabb, Doyle, Miley, Cann, M. Poling, Fragale, Iaquinta, Proudfoot, Argento and Barker:

H. B. 3049
- "A Bill to amend and reenact §7-11B-3 and §7-11B-4 of the Code of West Virginia, 1931, as amended, all relating to the tax increment financing act; and authorizing Class III and Class IV municipalities to participate on a limited basis"; to the Committee on Finance.
By Delegates Longstreth, Guthrie, Manchin, Eldridge and Fragale:
H. B. 3050
- "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; subtracting social security benefits from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes"; to the Committee on Finance.
By Delegates Spencer, Fleischauer, Marshall, DeLong, Perdue, Caputo and Manchin:

H. B. 3051
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-13a, relating to creating a contractor recovery fund; legislative findings; creation of contractor recovery fund control board; granting rule making authority"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Campbell, Canterbury, Shaver and Williams:
H. B. 3052
- "A Bill to amend and reenact §18-5-13a of the Code of West Virginia, 1931, as amended, relating to requiring voter approval prior to closure and consolidation of certain schools with grades eight or below when new building construction or addition of two or more classrooms are involved and the closure or consolidation was not included in a local bond issue approved by the voters; exceptions"; to the Committee on Education then the Judiciary.
By Delegates Anderson and Ellem:
H. B. 3053
- "A Bill to amend and reenact §17B-3-3a, §17B-3-3c and §17B-3-4 of the Code of West Virginia, 1931, as amended, all relating to providing that accessible parking violations will be considered motor vehicle violations and criminal offenses for certain penalty and record keeping purposes"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Martin, Caputo, Hatfield, Brown, Perdue and Beach:
H. B. 3054
- "A Bill to amend and reenact §30-4-4 of the Code of West Virginia, 1931, as amended, relating to changing the term of appointment from five years to four years for the West Virginia Board of Dental Examiners; changing the composition of the West Virginia Board of Dental Examiners; and removing the provision that a person connected with a dental college, school or dental department of a university is not eligible for appointment to the West Virginia Board of Dental Examiners"; to the Committee on Government Organization.
By Delegates Fleischauer, Staggers, Hutchins, Sobonya, Kessler, Longstreth and Guthrie:

H. B. 3055
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-4A-5a, relating to requiring dentists that administer general anesthesia to pediatric patients to comply with certain requirements regarding personnel, operating facilities, equipment, monitoring procedures, recovery and discharge"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perdue, Marshall, Evans, Fleischauer, Guthrie, Staggers and Eldridge:
H. B. 3056
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-30, relating to authorization for pharmacists to administer immunizations, setting forth limitations on those immunizations as to type of immunizations and age of the recipient; and requiring annual reporting to the West Virginia Board of Pharmacy"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Perdue:
H. B. 3057
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1 and §16-2K-2, all relating to programs for all-inclusive care of the elderly, known as 'PACE'; setting forth legislative intent; defining terms; exempting 'PACE' programs from regulation by the Insurance Commissioner; and, requiring annual reports to the Legislature"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Duke:
H. B. 3058
- "A Bill to amend and reenact §33-42-3 of the Code of West Virginia, 1931, as amended, relating to providing that when any body part of an unborn child is outside the mother's womb, the child is born, and is considered a citizen of the state with same rights and privileges under the law as any other citizen"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Paxton:
H. B. 3059
- "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to providing a one hundred dollar per month salary increase for all school service personnel"; to the Committee on Education then Finance.
Special Calendar

Third Reading

S. B. 205, Clarifying violations of protective orders;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 43), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Campbell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 205) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 2781, Modifying the statutory limitation on the length of school buses; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 44), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Campbell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2781) 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. 2800, Relating to the practice of medical imaging and radiation therapy; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 45), and there were--yeas 96, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Lane and Porter.
Absent And Not Voting: Campbell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2800) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

S. B. 360, Extending time local levying bodies may meet;
on second reading, coming up in regular order, was read a second time and ordered to third reading.
H. B. 2204, Providing that retiring municipal police officers may keep their service revolver; 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. 2380, Exempting the purchase of certain drugs, durable medical goods, etc., from the 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.
Com. Sub. for H. B. 2498, Enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Webster, the bill was amended on page three, section nine, following line twenty-nine, by inserting the following:
"(d) In any prosecution under subsection (c) of this section it is a defense that:
(1) The defendant was less than sixteen years old; or
(2) The defendant was less than four years older than the victim."
There being no further amendments, the bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2801, Providing a fifty thousand dollar death benefit to the families of firefighters and EMS personnel who are killed in the line of duty; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2917, Repealing the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that require the accelerated payment of those taxes in the month of June; 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. 2955, Continuing a flat-rate excise tax on motor fuel at $.205; on second reading, coming up in regular order, was read a second time.
On motion of Delegates White, Kominar, Stalnaker, Boggs, Barker and Tucker, the bill was amended on page seven, following line one hundred fourteen, by inserting a new section to read as follows:
"§11-14C-47. Disposition of tax collected; dedicated receipts.
(a) There is hereby created and established in the state treasury a special revolving fund to be known and designated as the 'Motor Fuel General Tax Administration Fund'. The commissioner is authorized to retain one half of one percent of the tax collected pursuant to the provisions of this article: Provided, That in any fiscal year in which the tax collected pursuant to the provisions of this article exceed three hundred million dollars, the commissioner is authorized to retain an additional one percent of the tax in excess of the three hundred million dollars that is collected. The amounts retained by the commissioner under this subsection shall be deposited in the motor fuel general tax administration fund and may be expended for the general administration of taxes imposed by this chapter.
(b)(1) All remaining tax collected under the provisions of this article after deducting the amount of any refunds lawfully paid shall be paid into the state road fund and used only for the purpose of construction, reconstruction, maintenance and repair of highways, matching of federal moneys available for highway purposes and payment of the interest and sinking fund obligations on state bonds issued for highway purposes, subject to the provisions of subdivision (2) of this subsection.
(2) After the thirtieth day of June, two thousand seven, from the taxes paid to the commissioner on or before the last day of each month pursuant to section nineteen of this article, after deduction of the amounts retained under subsection (a) of this section, an amount equal to the first four million six hundred thousand dollars of each month's receipts shall be paid into a segregated account within the state road fund for expenditure only for the specially dedicated purposes described in this subdivision and only upon specific line-item appropriation of the Legislature. The purposes for which the funds in the segregated account may be expended are the construction, reconstruction, rehabilitation, restoration, repair, maintenance and repair of the roads and highways throughout the various counties of the state for which federal moneys are not available on as fair and equitable a basis as the Legislature may determine through the enactment of appropriations bills. Notwithstanding any other provision of this code to the contrary, no funds appropriated for expenditure in those specific line-items may be transferred between line-items or otherwise expended for other purposes except pursuant to the enactment of a subsequent appropriations bill
."
And,
By amending the enacting section to read as follows:
"That §11-14C-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §11-14C-47 of said code be amended and reenacted, all to read as follows" followed by a colon.
There being no further amendments, the bill was then ordered to engrossment and third reading.
H. B. 2988, Relating to the West Virginia Tax Procedure and Administration Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2989, Relating to certain tax shelters used to avoid paying state income taxes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2990, Making technical corrections to assure the proper collection of offset fees; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2991, Authorizing the Tax Commissioner to conduct criminal record checks of prospective employees of the Tax Division; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2992, Decreasing the health care provider tax imposed on gross receipts of providers of nursing facility services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day was granted Delegate Campbell.
At 12:07 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 14, 2007.