________*__________
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.