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Monday, February 26, 2007

FORTY-EIGHTH 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.
The Clerk proceeded to read the Journal of Sunday, February 25, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

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. 2710, Relating to the elimination of the licensure exemption for certain contractors of manufactured housing installation,
And,
H. B. 3184, Relating to confidentiality, disclosure and authorization for disclosure of mental health information,
And reports the same back with the recommendation that they each do pass.
At the respective requests of Delegate DeLong, and by unanimous consent, the bills (H. B. 2710 and H. B. 3184) were each taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3220, Relating to medical qualifications of school bus operators,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3220 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-10a, relating to medical qualifications for school bus operators; prohibition of dismissal, denial of or ineligibility for employment of school bus operators who have diabetes mellitus requiring insulin; exceptions,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (Com. Sub. for H. B. 3220) was taken up for immediate consideration, read a first time and then ordered to second reading.
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. 3269, Reforming, altering and modifying the commission of Berkeley County,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3269 - "A Bill to reform, alter and modify the county commission of Berkeley County under the provisions of section 13, article IX of the Constitution of West Virginia,"
With the recommendation that the committee substitute do pass.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented the annual report of the Board of Social Work Examiners, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Resolutions

Delegates Fleischauer, Amores, Argento, Armstead, Azinger, Beach, Boggs, Brown, Browning, Burdiss, Cann, Caputo, Cowles, Craig, DeLong, Doyle, Eldridge, Ellis, Fragale, Guthrie, Hamilton, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Kominar, Lane, Longstreth, Mahan, Manchin, Marshall, Martin, J. Miller, Morgan, Moye, Palumbo, Paxton, Perry, Pino, D. Poling, Porter, Reynolds, Rodighiero, Rowan, Schoen, Shaver, Shook, Sobonya, Staggers, Stalnaker, Stemple, Stephens, Swartzmiller, Tabb, Talbott, Tucker, Walters, Webster, Wells, White, Williams and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 51 - "Requesting the Joint Committee on Government and Finance to undertake a study of long-term care as it relates to the number of State residents in out-of-state long-term health facilities to include a review of the costs and options for their care in this State and consideration of measures to reduce the cost of health care for residents being cared for in long-term health facilities in other states."
Whereas, The West Virginia citizens who are dependent on respirators or ventilators are not able to receive long-term care in this State; and
Whereas, Individuals with traumatic brain injury or other long term disabling conditions compromise the major portion of people receiving long term care in other states because there are no options for long term care in this state; and
Whereas, These citizens are away from home, without close family and friends and are cut off from their natural social and environmental supports; and
Whereas, It is essential that the state review the care provided to its citizens in out of state long term care facilities to ensure a full continuum of long term care so that each citizen will have long term care options in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to undertake a study of long-term care as it relates to the number of adult state residents in out-of-state long-term health facilities to include a review of the costs and options for their care in this State and consideration of measures to reduce the cost of health care for residents being cared for in long-term health facilities in other states, including measures to bring them home for long term care; and, be it
Further Resolved, That the Joint Committee on Government and Finance solicit the testimony of acknowledged experts and family members of those citizens being treated in out of state placement to gain direct information and research regarding the personal experiences of families with loved ones in out of state care and to consider any cost neutral in state options for the long term care of these citizens: and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the 2008 regular session of the Legislature on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Sumner, Mahan, Moye and Kessler offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 52 - "Requesting the Division of Highways name the bridge located at the Green Sulphur Springs Interchange on Interstate 64 in Summers County, West Virginia, near exit 143, the 'Vaughn Ray York Memorial Bridge'."
Whereas, Vaughn Ray York was an avid photographer using his talents to capture wonderful pictures of the West Virginia wildlife, environment and mountains as well as having those photographs of his home state published in the book Shades of Tomorrow; and
Whereas, An exhibit of Vaughn's photography is scheduled to be displayed at Tamarack this spring; and
Whereas, Vaughn York worked as a heavy equipment operator for Magnum Coal Company; and
Whereas, Vaughn York was an avid outdoors man, enjoying hunting, fishing and photographing game; and
Whereas, Vaughn York was a kind person, selfless in his desire to help those less fortunate than he, often giving most of his own salary to help those who were in need; and
Whereas, On September 23, 2006, after listening to his beloved West Virginia University Mountaineer football team and taking photographs of an intense storm, Vaughn York was returning home when he was tragically killed at the age of thirty-five when his Jeep Renegade hydroplaned; and
Whereas, Vaughn York is dearly missed by his family, friends, and those in the community and the breadth of his graciousness was not discovered until his funeral; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at the Green Sulphur Springs Interchange on Interstate 64 in Summers County, West Virginia, the "Vaughn Ray York Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates direct the Commissioner of the Division of Highways to erect a sign on each end of the bridge indicating that the bridge has been so named; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this Resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, the family of Vaughn Ray York.
Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 53 - "Requesting the Legislative Oversight Commission on Education Accountability and the Legislative Oversight Commission on Health and Human Resources work with entities within state government of West Virginia to explore options to improve school health and healthy lifestyles."
Whereas, West Virginia schools should identify the needs and gaps of school health by using the School Health Index Assessment and pursue a coordinated approach to school health as described in this report; and
Whereas, The Office of Healthy Schools in the Department of Education should provide technical assistance and support to help schools conduct the assessment and achieve a coordinated school health system; and
Whereas, A point of coordination and accountability should be established for all types of screens at both the county and state level answering key questions such as the number of children screened, types of screens performed and children who needed referrals and further services; and
Whereas, Each county school system should seek to establish a school health system which includes coordination between school health nurses, school-based health centers, local medical, dental and mental health services and public health resources; and
Whereas, The principles of prevention, medical home, and chronic disease management should be a part of every school system; and
Whereas, The West Virginia Department of Education, the Bureau for Public Health, the Bureau for Behavioral Health and the Healthy Lifestyles Coalition should work together to assess the physical, social and emotional environment of schools; and
Whereas, All county boards of education should promote staff wellness programs that encourage health-promoting behaviors among staff in order to improve productivity and model healthy behaviors; and
Whereas, It is the responsibility of government, education, public health, behavioral health, communities and private practitioners to build an environment which addresses the needs of healthy lifestyles, including, but not limited to, education and school health; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Education Accountability and the Legislative Oversight Commission on Health and Human Resources study the means to create a school health system for the twenty-first century; and, be it
Further Resolved, That the Legislative Oversight Commission on Education Accountability and the Legislative Oversight Commission on Health and Human Resources report to the regular session of the Legislature, 2008, on findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this Resolution to the West Virginia Department of Education, the Bureau of Public Health, the Bureau for Behavioral Health, the Healthy Lifestyles Coalition, the West Virginia School-Based Health Assembly, and the West Virginia Association of School Nurses.
Delegates Anderson, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Sumner, Tansill and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 29 - "Exclaiming the desire of West Virginians to change the 'Welcome to West Virginia' signs from the 'Open for Business' slogan to the more traditional and appropriate 'Wild, Wonderful West Virginia' slogan."
Whereas, West Virginia offers majestic beauty from our glorious mountain tops to our winding country roads to our breathtaking rivers; and
Whereas, The beauty can be seen from the Potomac Highlands to the New River Valley to the Eastern Panhandle to the Mountaineer Country of North Central West Virginia to the Northern Panhandle to the Metro Valley to the Mid-Ohio Valley; and
Whereas, The beauty is ignored by the "Welcome to West Virginia" signs that state "Open for Business"; therefore, be it
Resolved by the House of Delegates:
That the "Welcome to West Virginia" signs should be changed back to the traditional and more appropriate "Wild, Wonderful West Virginia"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Governor and Department of Highways.
Petitions

Delegates Mahan, Moye, Kessler and Sumner presented a petition on behalf of their constituents, requesting that the Department of Highways take Granny Mae Road in Bolt, Raleigh County, into the state system; which was referred to the Committee on Roads and Transportation.
Special Calendar

Third Reading

Com. Sub. for S. B. 96, Authorizing fire department-owned apparatuses use yellow flashing lights; 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. 142), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Campbell and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 96) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 169, Requiring insurance companies obtain title to certain totaled vehicles; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Roads and Transportation , was then reported by the Clerk and adopted, amending the bill on page eleven, section ten, following line one hundred seventy-one, by striking out the remainder of the section and inserting in lieu thereof the following:
"(k) As used in this section:
(1) 'Reconstructed vehicle' means the vehicle was totaled under the provisions of this section or by the provisions of another state or jurisdiction and has been rebuilt in accordance with the provisions of this section or in accordance with the provisions of another state or jurisdiction or meets the provisions of subsection (m), section one, article one of this chapter.
(2) 'Flood-damaged vehicle' means that the vehicle was submerged in water to the extent that water entered the passenger or trunk compartment.
(l) Every vehicle owner shall comply with the branding requirements for a totaled vehicle whether or not the owner receives an insurance claim settlement for a totaled vehicle.
(g) (m) A certificate of title issued by the division for a reconstructed vehicle shall contain markings in bold print on the face of the title that it is for a reconstructed, flood- or fire-damaged vehicle.
(n) Any person who knowingly provides false or fraudulent information to the division that is required by this section in an application for a title, a cosmetic total loss title, a reconstructed vehicle title or a salvage certificate or who knowingly fails to disclose to the division information required by this section to be included in the application or who otherwise violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall for each incident be fined not less than five hundred dollars nor more than one thousand dollars nor more than two thousand five hundred dollars, or imprisoned in the county jail for not more than one year, or both fined and imprisoned."

There being no further amendments, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 143), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Campbell and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 169) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 412, Providing penalties for hand held cell phone violations by minor while driving; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Roads and Transportation , was reported by the Clerk and adopted, amending the bill on page six, section three-a, line ninety-five, after the word "paragraph", by inserting the words "is guilty of a misdemeanor and, upon conviction thereof" and a comma
And,
On page eleven, section three-a, line one hundred and seventy-five, after the word "paragraph", by inserting the words "is guilty of a misdemeanor and, upon conviction thereof" and a comma.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 144), and there were--yeas 92, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Hamilton, Ireland and Schoen.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 412) 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. 2078, Clarifying the procedure for tagging bear, bobcats, deer and wild turkey taken while hunting; 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. 148), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2078) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2130, Eliminating any reduction in the benefit of a deputy sheriff who is disabled on the job; 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. 146), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2130) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2130 - "A Bill to amend and reenact §7-14D-14 of the Code of West Virginia, 1931, as amended, relating to eliminating any reduction in the benefit of a deputy sheriff who is totally disabled on the job."
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. 2145, Defining limited use residence elevators in public places; 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. 147), and there were--yeas 87, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Border, Carmichael, Ireland, Lane, Overington, Porter, Sobonya and Walters.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2145) 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. 2194, Authorizing issuance of warrants to extract blood analysis of persons charged with driving under the influence; 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. 148), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2194) 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. 2253, Providing certain correctional officers be transferred into the civil service system as covered employees; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
There being no amendments, and having been engrossed, the bill was then read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 149), and there were--yeas 93, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles, Lane and Overington.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2253) 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. 2324, Allowing spouses who are employed by the same county board of education to transfer unlimited accumulated sick leave to each other; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Poling, the bill was amended on page eight, section ten, line one hundred nineteen, by striking out the word "and".
On page eight, section ten, line one hundred twenty-two, preceding the period, by inserting a semicolon, followed by the following: "and
(v) May be used only for an absence due to the purpose for which the leave was transferred. Any transferred days remaining when the catastrophic medical emergency ends revert back to the leave bank".
On page thirteen, section ten-c, line sixty-two, by striking out the word "and".
On page thirteen, section ten-c, line sixty-five, preceding the period, by inserting a semicolon, followed by the following: "and
(5) May be used only for an absence due to the purpose for which the leave was transferred. Any transferred days remaining when the catastrophic medical emergency ends revert back to the leave bank".
On page fourteen, section ten-e, line twenty-three, preceding the semicolon, by inserting a period, followed by the words "Any transferred days remaining when the catastrophic medical emergency ends revert back to the contributing employee".
And,
On page eighteen, section ten-f, line fifty-six, by striking out the word "and".
On page eighteen, section ten-f, line fifty-nine, following the word "and", by inserting the following:
"(v) May be used only for an absence due to the purpose for which the leave was transferred. Any transferred days remaining when the catastrophic medical emergency ends revert back to the donor employee; and".
Having been engrossed, the bill was then read a third time.
Delegates Ennis, Iaquinta, Moye, Pethtel, Perry, Shaver and Varner requested to be excused from voting on the passage of Com. Sub. for H. B. 2324 under the provisions of House Rule 49, stating that either they or their spouse were employed by the school system.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 150), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2324) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 151), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2324) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub for H. B. 2436, Modifying the Nurse Overtime and Patient Safety Act; on third reading, coming up in regular order, was read a third time.
Delegate Ireland requested to be excused from voting on the passage of Com. Sub. for H. B. 2436 stating that his wife is a registered nurse.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
Delegates Argento, Hatfield, D. Martin, Moye, Perry, D. Poling and Rodighiero requested to be excused from voting on the passage of Com. Sub. for H. B. 2436 under the provisions of House Rule 49, stating that either they or their spouse were involved in the nursing profession.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 152), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2436) 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. 2527, Revising the sunrise review process; 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. 153), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for 2527) 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. 2590, Authorizing the Department of Revenue to promulgate legislative rules; 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. 154), and there were--yeas 92, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Doyle, Lane, Porter, Walters and Wysong.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2590) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 155), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2590) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2616, Authorizing the Department of Administration to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
Delegates Armstead, Duke, Ennis, Hrutkay, Iaquinta, Pethtel, Sumner, Varner requested to be excused from voting on the passage of Com. Sub. for H. B. 2616 under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 156), and there were--yeas 91, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ireland, Lane, Walters and Wysong.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2616) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 157), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Perdue.
Absent And Not Voting: Brown and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2616) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2670, Authorizing the Department of Commerce to promulgate legislative rules; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Shaver, the bill was amended on page six, section four, line twenty- nine, following the word "authorized", by changing the period to a comma and inserting the following: "with the amendments set forth below:
On page two, by striking out subsection 2.5 and 2.6 and renumbering the subsections accordingly,
And,
One page three, by striking subsection 4.1 and inserting the following, "4.1. It is illegal to bait or feed cervids or other wildlife in a containment area as determined by the Director and established for the management, control or eradication of chronic wasting disease. Provided, that captive cervids may be fed inside cervid facilities permitted by the Division of Natural Resources".
On the adoption of the amendment, Delegate Shaver demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 158), and there were--yeas 64, nays 33, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Boggs, Burdiss, Caputo, DeLong, Ellem, Fleischauer, Fragale, Guthrie, Hamilton, Hatfield, Hrutkay, Iaquinta, Kessler, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, Moore, Morgan, Overington, Paxton, Poling, D, Poling, M, Proudfoot, Schadler, Shook, Stephens, Webster, White, Yost and Mr. Speaker, Mr. Thompson.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 159), and there were--yeas 94, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Lane, Porter and Walters.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2670) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 160), and there were--yeas 97, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2670) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all new installation of water mains; 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. 161), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2709) 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. 2717, Enacting a retirement system for Emergency Medical Services Personnel; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate White, the bill was amended on page seventy-seven, section twenty- eight, beginning on line nineteen, following the word "The", by striking out the words "annuities and other benefits provided by this article, and the", and on line twenty-one, following the word "system", by striking out the comma.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 162), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2717) 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. 2747, Regulating plumbers and fire protection workers; on third reading, coming up in regular order, was read a third time.
Delegates Border and Blair requested to be excused from voting on the passage of Com. Sub. for H. B. 2747 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 163), and there were--yeas 83, nays 13, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Carmichael, Cowles, Ireland, Miller, C, Miller, J, Overington, Porter, Romine, Sobonya, Sumner and Walters.
Absent And Not Voting: Brown, Craig and Long.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2747) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 164), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2747) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2796, Reducing federal adjusted gross income for contributions to public institutions of higher education; 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. 165), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2796) 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. 2870, Authorizing the court to order payment into the Domestic Violence Legal Services Fund under certain circumstances; 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. 166), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2870) 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. 2877, Funding entities ensuring public safety on state highways; 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. 167), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2877) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 168), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2877) takes effect July 1, 2007.
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. 2908, Removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear; 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. 169), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2908) 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. 2918, Authorizing county boards of education to pay five hundred dollars to any service employee who gives notification of resignation or retirement; on third reading, coming up in regular order, was read a third time.
Delegates Ennis, Moye, Perry, Pethtel, Schadler and Stephens requested to be excused from voting on the passage of Com. Sub. for H. B. 2918 under the provisions of House Rule 49, stating that they were employed by the school system.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 170), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2918) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 171), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2918) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2944, Enhancing the end-of-life care given to residents of nursing homes: on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page one, line nineteen, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-5C-20, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5C. NURSING HOMES.
§16-5C-20. Hospice palliative care required to be offered.
(a) When the health status of a nursing home facility resident declines to the state of terminal illness or when the resident receives a physician's order for 'comfort measures only', the facility shall notify the resident with information about the option of receiving hospice palliative care. If a nursing home resident is incapacitated, the facility shall also notify any person who has been given the authority of guardian, a medical power of attorney or health care surrogate over the resident, information stating that the resident has the option of receiving hospice palliative care.
(b) The facility shall document that it has notified the resident, and any person who has been given a medical power of attorney or health care surrogate over the resident, information about the option of hospice palliative care and maintain the documentation so that the director may inspect the documentation, to verify the facility has complied with this section.
"
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 172), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2944) passed.
An amendment to the title of the bill, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2944 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-20, all relating to the end-of-life care of residents of nursing homes; and requiring that certain residents be given information about the option of hospice palliative care."
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. 2945, Providing for tax credits for apprenticeship training in construction trades; 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. 173), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2945) 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. 2973, Declaring certain claims against the state to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof; 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. 174), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2973) passed.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 175), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2973) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3006, Limiting the number of terms a member of the Board of Physical Therapy may serve; 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. 176), and there were--yeas 95, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes and Duke.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3006) 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. 3048, Providing credit for specified high technology manufacturers; 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. 177), and there were--yeas 94, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Carmichael and Guthrie.
Absent And Not Voting: Brown, Craig and Hatfield.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3048) passed.
Delegate DeLong moved that the bill take effect January 1, 2008.
On this question, the yeas and nays were taken (Roll No. 178), and there were--yeas 94, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Burdiss and Guthrie.
Absent And Not Voting: Boggs, Brown and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3048) takes effect January 1, 2008.
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. 3054, Making changes to the West Virginia Board of Dental Examiners; 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. 179), and there were--yeas 49, nays 47, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Amores, Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Browning, Campbell, Cann, Canterbury, Carmichael, Cowles, Crosier, Duke, Ellem, Ennis, Evans, Hamilton, Hartman, Hutchins, Ireland, Klempa, Kominar, Michael, C. Miller, J. Miller, Overington, Perry, Pethtel, Porter, Romine, Rowan, Schadler, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Sumner, Tansill, Varner, Walters and Williams.
Absent And Not Voting: Boggs, Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3054) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3072, Relating to defining "charitable exemptions" for purposes of the municipal business and occupation tax; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of H. B. 3072 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 180), and there were--yeas 93, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Stalnaker and Sumner.
Absent And Not Voting: Boggs, Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3072) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3073, Relating to prohibiting financial institutions from establishing or maintaining a branch in West Virginia on, or within one and one-half miles of, the premises or property of an affiliate, under certain circumstances; 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. 181), and there were--yeas 95, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes and Lane.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3073) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources; 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. 182), and there were--yeas 95, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead and Sobonya.
Absent And Not Voting: Brown and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3090) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows: H. B. 3090 - "A Bill to amend and reenact §19-12A-1a of the Code of West Virginia, 1931, as amended, relating to the Weston State Hospital Institutional Farm property; transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources; permitting the Department of Agriculture to retain all oil, gas and mineral rights; permitting the Department of Health and Human Resources to sell the property; and providing the Lewis County Commission retain ownership of the communication tower located on the property."
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. 376, Assessing fee for processing scientific collecting permits; on second reading, coming up in regular order, was read a second time and ordered to third reading.
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 2020, Requiring mine operators to provide notice of hazardous chemical substances and lead exposure to its employees,
Com. Sub. for H. B. 2027, Allowing awards under the crime victims compensation program to be made to victims of identity theft,
Com. Sub. for H. B. 2070, Extending PEIA coverage to certain long-term substitute education employees,
Com. Sub. for H. B. 2187, Providing payment for GED exam fees,
Com. Sub. for H. B. 2223, Restricting public access to concealed weapons permit records,
Com. Sub. for H. B. 2309, Relating to tourism development projects and tourism expansion projects,
And,
Com. Sub. for H. B. 2342, Creating the West Virginia Military Family Relief Fund.
Com. Sub. for H. B. 2406, Providing that in the event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County; on second reading, coming up in regular order was read a second time.
On motion of Delegate DeLong, the bill was amended on page seven, section three, line one hundred three, after the word "apply", by inserting the words "after the thirty-first day of December, two thousand seven".
And,
On page seven, section three, line one hundred five, after the word, "apply", by striking out the phrase, "on the first day of July," and inserting in lieu thereof, "after the thirty-first day of December".
The bill was then ordered to engrossment and third reading.
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2558, Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes,
Com. Sub. for H. B. 2714, Revising requirements for parking areas designated for use by persons with mobility impairments,
Com. Sub. for H. B. 2746, Establishing the Connectivity Advisory Commission,
Com. Sub. for H. B. 2775, Exempting new residents from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased,
Com. Sub. for H. B. 2808, Increasing the fee for issuance of one-trip permits,
Com. Sub. for H. B. 2826, Including school psychologists and school nurses with other professional school personnel for a salary supplement,
Com. Sub. for H. B. 2844, Relating to malicious assault on a police officer, including a public service commission enforcement officer,
Com. Sub. for H. B. 2864, Relating to residential resident security deposits,
Com. Sub. for H. B. 2909, Assessing a fee for processing scientific collecting permits,
Com. Sub. for H. B. 2926, Relating to providing notification that a domestic violence protective order has been extended,
And,
Com. Sub. for H. B. 2931, Providing for payment of tuition and fees for members of the West Virginia National Guard enrolled in graduate study.
Com. Sub. for H. B. 2938, Including motor carrier inspectors and enforcement officers in the definition of law-enforcement officer; 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, line thirty-two, section one, following the word "laws", by striking out the words "and those persons employed".
And,
On page five, line sixty, section one, following the word "authority", by inserting a comma and the words "the Public Service Commission".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2986, Providing advance notice to the public regarding the pending closure of certain public or private health care facilities or hospitals; 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. 3009, Defining what a child advocacy center is and what services it shall provide in child abuse and neglect cases and child welfare cases; on second reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 3056, Authorizing pharmacists to administer immunizations,
Com. Sub. for H. B. 3074, Relating to the carrying of concealed weapons,
H. B. 3075, Restricting minor children's physical access to tobacco products,
Com. Sub. for H. B. 3093, Providing a form for a combined medical power of attorney and living will,
Com. Sub. for H. B. 3094, Prohibiting county and district school officers, teachers and school officials from having a pecuniary interest in certain contracts,
And,
Com. Sub. for H. B. 3106
, Increasing the number of family court judges and realigning certain districts to address excessive workloads.
H. B. 3141, Relating to whom assessors may issue proof of payment of personal property taxes; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, advanced to third reading with the amendment pending.
Com. Sub. for H. B. 3145, West Virginia Film Industry Investment Act;; on second reading, coming up in regular order, was read a second time.
On motion of Delegates White and Palumbo, the bill was amended on page five, section three, line forty-seven, by striking out the words "or regional".
On page seven, section four, line two, following the words "allow, a", by inserting the word "nonrefundable".
On page nine, section five, line thirty, following the words "subdivision (2), subsection", by striking out the designation "(b)" and inserting in lieu thereof the designation "(a)".
And,
On page fourteen, following line thirty-five, by striking out section eight and inserting in lieu thereof the following:
"§11-13W-8. Uses of credit; unused credit; carry forward; carry back prohibited; expiration and forfeiture of credit.

(a) No credit is allowed under this section against any employer withholding taxes imposed by article twenty-one of this chapter.
(b) If the tax credit allowed under this article in any taxable year exceeds the sum of the taxes enumerated in subsections (b),(c) or (d), section seven of this article for that taxable year, the excess may be applied against those taxes, in the order and manner stated in section seven of this article, for succeeding taxable years until the earlier of the following:
(1) The full amount of the excess tax credit is used; or
(2) The expiration of the second taxable year after the taxable year in which the expenditures occurred. The tax credit remaining thereafter is forfeited.
(c) No carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance.
"
The bill was then ordered to engrossment and third reading.
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service,
Com. Sub. for H. B. 3164, Pharmaceutical Availability and Affordability Act of 2007,
Com. Sub. for H. B. 3166, Exempting community action agencies from the certificate of title tax for vehicles used for their Head Start program,
Com. Sub. for H. B. 3180, Relating to the granting of workers' compensation benefits on review or appeal,
Com. Sub. for H. B. 3194, Relating to determining defendants' ability to pay cost of incarceration be done at time of sentencing,
H. B. 3228, Providing that home confinement officers are subject to criminal prohibition of engaging in sexual intercourse with person incarcerated,
H. B. 3229, Increasing default late fees and shortening the period given to an occupant to cure a default before an owner may enforce a lien for self-service storage facilities,
H. B. 3270, Relating to the compensation and expenses of fiduciaries,
H. B. 3271, Clarifying spendthrift trusts,
And,
H. B. 3272, Relating to total return unitrusts.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2422, Providing cost-saving measures in connection with providing medical care in regional jails,
Com. Sub. for H. B. 2461, Providing that all employees have the right to review and copy the contents of their personnel files,
Com. Sub. for H. B. 2940, Increasing the age of dependents for health insurance coverage,
And,
Com. Sub. for H. B. 3167, Allowing teachers employed by a statewide service personnel association to count this service towards retirement credit.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Brown and Craig.
At 12:49 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * * * * * *

Evening Session

* * * * * * * * * * * *

At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 171, Continuing Board of Accountancy,
S. B. 172, Continuing Board of Respiratory Care Practitioners,
S. B. 186,Continuing Board of Embalmers and Funeral Directors,
And,
S. B. 190,Continuing Board of Examiners of Psychologists,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2390, Relating to the definition of domestic animals and livestock,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2390 - "A Bill to amend and reenact º19-20-10, º19-20-15, º19-20-16, º19-20-17 and º19-20-18 of the Code of West Virginia, 1931, as amended, all relating to domestic animals and livestock; adding any animal raised for domestic or commercial agricultural purposes to provisions providing compensation to persons having suffered loss or damage on account of the destruction, loss, or injury by dogs and provisions relating to the consequences of a dog that has chased, worried, wounded or killed such animals,"
And,
H. B. 3223,West Virginia Health Care Authority Revolving Loan and Grant Fund,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3223 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29I-1, §16-29I-2, §16-29I-3, §16-29I-4, §16-29I-5, §16-29I-6, §16-29I-7, §16-29I-8, §16-29I-9 and §16-29I-10, all relating to creating a revolving loan fund to be administered by the West Virginia Health Care Authority Board to provide grants and loans to assist hospitals in the rationalization and restructuring of their health care delivery systems; setting forth the criteria and conditions for approving hospital restructuring plans and loans from the revolving funds; and providing the Health Care Authority Board with reporting responsibilities and rule making authority to implement the provisions of the new article,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate DeLong, and by unanimous consent, the bills (Com. Sub. for 2390 and Com. Sub. for H. B. 3223) were each taken up for immediate consideration, read a first time and ordered to second reading
On motion for leave, a resolution was introduced (Originating in the Committee on Finance and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules:
By Delegates Doyle, White, Yost, Reynolds, Perdue, Iaquinta, Klempa, Marshall and Border:

H. C. R. 55 - "Requesting the Joint Committee on Government and Finance undertake a study of alternative processes to ensure the viability of smaller water and sewer utilities in the state and to ensure the protection of customers of such utilities in the event they become or will become unable to furnish and maintain adequate, efficient, safe and reasonable services and facilities for those customers."
Whereas, The West Virginia citizens who are dependent on water and sewer services are entitled to the delivery of those services in a safe, adequate and efficient manner at a reasonable cost; and
Whereas, Many of the citizens of this state rely as customers on the water and sewer services provided by relatively smaller public utilities; and
Whereas, Many if not all of those smaller public utilities deliver water and sewer services to their customers in a safe, adequate and efficient manner at a reasonable cost; and
Whereas, Nevertheless, it would be prudent to have in place a process for ensuring the continuance of such service to those customers in the event the public utility should become unable to provide those services in a safe, adequate and efficient manner at a reasonable cost; and
Whereas, House Bill No. 3210 was introduced during the 2007 Regular Session of the Legislature which proposed new law for the acquisition of smaller water and sewer utilities in the event of their failure; and
Whereas, Before consideration of this legislation, a study of the proposals made by House Bill 3210, as well as alternative proposals for ensuring the protection of the customers of smaller water and sewer utilities, would provide a more informed basis for any action the Legislature may deem necessary to ensure the safe, adequate and efficient delivery of water and sewer services at a reasonable cost to customers of smaller water and sewer utilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to undertake a study of alternative processes to ensure the viability of smaller water and sewer utilities in the state and to ensure the protection of customers of such utilities in the event they become or will become unable to furnish and maintain adequate, efficient, safe and reasonable services and facilities for those customers; and, be it
Further Resolved, That the Joint Committee on Government and Finance obtain the testimony of acknowledged experts and others, as well as all records, that it deems necessary to complete a thorough study of these issues and matters ancillary thereto; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the 2008 Regular Session of the Legislature on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 57 - "A Bill to amend and reenact §46A-4-104 of the Code of West Virginia, 1931, as amended, relating to establishing annual reporting requirements for regulated consumer lender licensees; ensuring access to information needed to conduct examinations; providing safeguards for nonpublic personal information that consumers disclose to licensees; and providing penalties for failure to timely file annual report"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 66 - "A Bill to amend and reenact §62-11C-4 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Community Corrections Fund; establishing fee collected from persons on home incarceration; setting fee amount; and removing provision allowing modification of fee amount by legislative rule"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 107 - "A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to threatening to use a firearm or other deadly weapon as an element of robbery in the first degree"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 148, Providing breast feeding not considered public indecency.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 319 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies of the state and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to West Virginia agricultural liming materials; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to West Virginia Plant Pest Control Act; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to noxious weeds; authorizing Board of Architects to promulgate a legislative rule relating to the registration of architects; authorizing State Auditor to promulgate a legislative rule relating to transaction fees and rate structures; authorizing State Conservation Agency to promulgate a legislative rule relating to the State Conservation Committee; authorizing Board of Examiners in Counseling to promulgate a legislative rule relating to licensing; authorizing Board of Examiners in Counseling to promulgate a legislative rule relating to license renewal and continuing education requirements; authorizing Hospital Finance Authority to promulgate a legislative rule relating to establishment of a fee schedule and costs allocations applicable to the issuance of bonds by the authority; authorizing Board of Landscape Architects to promulgate a legislative rule relating to registration of landscape architects; authorizing Board of Landscape Architects to promulgate a legislative rule relating to continuing education; authorizing Board of Landscape Architects to promulgate a legislative rule relating to fees; authorizing Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions; authorizing Board of Medicine to promulgate a legislative rule relating to licensing and disciplinary procedures for physicians and podiatrists; authorizing Board of Osteopathy to promulgate a legislative rule relating to osteopathic physician assistants; authorizing Board of Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control; authorizing Real Estate Commission to promulgate a legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of brokerage businesses; authorizing Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to policies and criteria for the evaluation and accreditation of colleges, departments or schools of nursing; authorizing Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to requirements for registration and licensure; authorizing Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to continuing education; authorizing Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to dialysis technicians; authorizing Secretary of State to promulgate a legislative rule relating to procedures for canvassing elections; authorizing Secretary of State to promulgate a legislative rule relating to procedures for recount of election results; authorizing Secretary of State to promulgate a legislative rule relating to absentee voting by military voters who are members of reserve units called to active duty; authorizing Secretary of State to promulgate a legislative rule relating to procedures for handling ballots and counting write-in votes in counties using optical scan ballots; authorizing Secretary of State to promulgate a legislative rule relating to the Uniform Commercial Code; repealing a rule promulgated by the Secretary of State relating to West Virginia Product Lien Central Filing System; authorizing State Treasurer to promulgate a legislative rule relating to providing services to political subdivisions; and authorizing Board of Veterinary Medicine to promulgate a legislative rule relating to registration of veterinary technicians"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 368 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8A-13-1, §8A-13-2, §8A-13-3, §8A-13-4, §8A-13-5 and §8A-13-6, all relating to creating the Food Security Act; providing a tax credit for a qualified donation, including, but not limited to, a fee interest in real property and conservation or preservation easement, located in West Virginia, by a landowner taxpayer to a public or private conservation agency; addressing its administration, applicability, limitations and renewal; findings; definitions; and rule-making authority"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 415 - "A Bill to amend and reenact §50-3-7 of the Code of West Virginia, 1931, as amended, relating to authorizing magistrate courts to assess a fee of twenty-five dollars for criminal records checks"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 442 - "A Bill to repeal §18-29-1, §18-29-2, §18-29-3, §18-29-4, §18-29- 5, §18-29-6, §18-29-7, §18-29-8, §18-29-9, §18-29-10 and §18-29-11 of the Code of West Virginia, 1931, as amended; to repeal §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29- 6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11 and §29-6A-12 of said code; to amend and reenact §5-5-4 and §5-5-5 of said code; to amend and reenact §5B-2-5 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new article, designated §6C-2- 1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-2-5, §6C-2-6 and §6C-2-7; to amend said code by adding thereto a new article, designated §6C-3-1, §6C-3-2, §6C-3-3, §6C-3-4, §6C-3-5 and §6C-3-6; to amend and reenact §11-10A-8 of said code; to amend and reenact §18A-2-8 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-7-4 of said code; to amend and reenact §21-5E- 4 of said code; to amend and reenact §22C-7-2 of said code; to amend and reenact §31-20-27 of said code; to amend and reenact §33-48-2 of said code; and to amend and reenact §49-5E-5a of said code, all relating to repealing the education and state employees grievance procedures and board; establishing a new West Virginia public employees grievance procedure; creating the West Virginia Public Employees Grievance Board with five members appointed by the Governor; giving the board new powers, duties, rule-making authority and data collection responsibilities; making the grievance procedure more fair, efficient, cost effective and consistent; creating a unified grievance procedure with three levels for certain public employees; clarifying definitions and general grievance procedures; disallowing supervisors who evaluate from being representatives; clarifying and reorganizing general provisions; increasing time frames in grievance procedure; defining default provisions; eliminating laches and defining back pay; stating when employees may be represented; clarifying the procedure for conferences and hearings; removing hearing examiners from the grievance procedure; and making technical corrections to affected sections of the code"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 528 - "A Bill to amend and reenact §19-16A-7 and §19-16A-23 of the Code of West Virginia, 1931, as amended, all relating to depositing the pesticide dealer, commercial and private applicator and business applicator license fees into the Pesticide Control Fund"; which was referred to the Committee on Agriculture and Natural Resources then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 540 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-11b, relating to providing tax credits for utility taxpayers with a net operating loss prior to the thirty-first day of December, two thousand six"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 573 - " A Bill to amend and reenact §30-3-9 and §30-3-12 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §30-3D-1, §30-3D-2 and §30-3D-3; and to amend said code by adding thereto a new section, designated §30-14-11a, all relating to authorizing the West Virginia Board of Medicine and the West Virginia Board of Osteopathy to designate programs in which physicians, podiatrists and physician assistants may be monitored while they pursue treatment and recovery for alcohol abuse, chemical dependency or major mental illness; and voluntary enrollment without being subject to disciplinary action if the person complies with the goals and restrictions of the program"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
S. B. 591, Supplementing, amending, reducing and increasing appropriation to Division of Highways.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 601 - "A Bill to amend and reenact §17A-6A-3 and §17A-6A-12 of the Code of West Virginia, 1931, as amended, all relating to the establishment or relocation of additional motor vehicle dealers within a relevant market area; redefining relevant market area; creating exceptions for certain relocations and transfers; exceptions for purposes of adding dealerships to an area; and providing notice requirements to existing dealers"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 638
- "A Bill to repeal §18-2E-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §18-2-6 of said code; and to amend and reenact §18-2E-8 of said code, all relating to the award of value-added credentials in addition to the high school diploma; repealing code section voiding electronic portfolio; removing provisions providing for electronic portfolio; removing provisions for, and requirements for, granting certificates of proficiency; providing for college readiness and work readiness credentials; providing for state board to establish requirements; eliminating the specific name of the advisory panel appointed by the Governor to advise the state board and others in assuring that graduates are fully prepared for further education, training or gainful employment; requiring state board to promulgate a rule; updating language referring to the higher education governing boards; removing obsolete provisions; and technical amendments"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 643 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-3a; and to amend and reenact §33-2-7 and §33-2- 19 of said code, all relating to investigations of violations of insurance laws; clarifying that the Insurance Commissioner may investigate noncriminal violations; authorizing use of Class A registration plates; clarifying that immunity granted in certain cases applies to criminal prosecutions only; and clarifying the authority and duties of the Insurance Commissioner with regard to information obtained during investigations"; which was referred to the Committee the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 657
- "A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29A-3B-9 and §29A-3B-10 of said code, all relating to public education generally; standards, assessment and accountability for student performance and progress; requiring 21st Century Skills Initiative incorporation into standards; renaming unified improvement plans as strategic improvement plans; revising uniform statewide student assessment program; designating current annual performance measures as performance measures for the No Child Left Behind Act of 2001; adding state annual performance measures; providing additional category of school accreditation and renaming existing category; revising criteria for accreditation status; removing obsolete provisions; and allowing electronic filing of state board rules with the Legislative Oversight Commission on Education Accountability"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 658 - "A Bill to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, relating to the offense of stalking generally; expanding and clarifying scope of section; establishing offenses; enhancing penalties; and defining terms"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 675
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-11C-5a, relating to limited arrest powers for day report officers"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 706 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11-26, relating to the limited expungement of certain criminal records"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 709 - "A Bill to amend and reenact §49-5-9 of the Code of West Virginia, 1931, as amended, relating to authorizing circuit courts to grant both custodial and noncustodial improvement periods to juvenile respondents in delinquency proceedings"; which was referred to the Committee on the Judiciary.
Miscellaneous Business

Delegate Hutchins announced that he was absent on Thursday, February 22, 2007, when the votes were taken on Roll Nos. 101-108, and that had he been present, he would have voted "Yea" on Roll Nos. 101 through 107 and "Nay" on Roll No. 108.
Delegate Pino asked and obtained unanimous consent to address the House, and delivered certain remarks regarding the absence of Member-elect Ron Thompson and an e-mail message he had received from him relative to his current situation.
At the conclusion of Delegate Pino's remarks, Delegate Michael asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
At 5:16 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 27, 2007.