hdj2008-02-15-38

__________*__________

Friday, February 15, 2008
THIRTY-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 Thursday, February 14, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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 a presentation by the House.

At the request of Delegate DeLong, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing resolutions.
Resolutions Introduced

Delegates Moye, Mahan, Kessler, Gall, Sumner, Anderson, Argento, Ashley, Azinger, Barker, Beach, Blair, Brown, Cann, Caputo, Carmichael, Craig, DeLong, Doyle, Eldridge, Ellem, Ennis, Fleischauer, Fragale, Guthrie, Hartman, Hatfield, Higgins, Hutchins, Kominar, Marshall, Martin, Michael, Moore, Morgan, Paxton, Perdue, Perry, Pethtel, Pino, M. Poling, D. Poling, Porter, Reynolds, Rodighiero, Schadler, Schoen, Shook, Spencer, Staggers, Stalnaker, Stephens, Swartzmiller, Tabb, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 51 - "Requesting the Division of Highways to name the bridge of Route 3 in Arnett, West Virginia, specifically bridge number 41-3/45-0.01 (3758), the 'William Arnett Wills Memorial Bridge'."

Whereas, William Arnett Wills was born and raised in Arnett, West Virginia, on April 15, 1914, and attended Raleigh County Schools; and

Whereas, William Arnett Wills was married to Nina Combs Wills; and

Whereas, William Arnett Wills entered military service on March 29, 1943, and achieved the rank of United States Army Corporal; and

Whereas, Mr. Wills was wounded in action on the battlefield in eastern France on December 11, 1944, and passed away on December 12, 1944; and

Whereas, William Arnett Wills was awarded the Purple Heart, the Bronze Star, the Combat Infantryman Badge, the Army Good Conduct Medal, the Victory Medal, American Campaign Medal, and the European/African/Middle Eastern Campaign Medal for his courage and bravery while serving our country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 41-3/45-0.01 (3758), the "William Arnett Wills Memorial Bridge"; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge containing bold and prominent letters proclaiming the bridge to be the "William Arnett Wills Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Sissy Arnett.

Mr. Speaker, Mr. Thompson, and Delegates Schadler, Evans and Rowan offered the following resolution, which was read by the Clerk:

H. R. 23 - "Commemorating the passing of Joseph William 'Joe Bill' Kessel, gentleman, educator, public servant, and a great asset to business and industry."

Whereas, He served his country with honor in the United States Navy from 1943-1946; and following his honorable discharge, returned to West Virginia and added much to the State by his dedication and many contributions; and

Whereas, Joseph William "Joe Bill" Kessel was an outstanding citizen of West Virginia, obtaining his education at Keyser High School, West Virginia University, Potomac State College and Frostburg State College where he excelled as an undergraduate and a graduate student; and

Whereas, Following his education, "Joe Bill" Kessel chose a noble career serving as a teacher for many years and being recognized as West Virginia's Outstanding Teacher of the year during his tenure; and

Whereas, "Joe Bill" Kessel served his state as a member of the West Virginia House of Delegates from 1954-1960, and was the youngest member during his terms; and

Whereas, Mr. Kessel had a successful career in different positions and disiciplines including earning his principle's certificate, Human Resources Coordinator at the Mineral County Vocational Technical Center, Director of Financial Aid and Assistant Professor of Business Administration at Potomac State College, and in 1976 becoming the Director of Vocational Administrator by the State Advisory Administrative Council for Vocational Education; and

Whereas, Mr. Kessel was active and served the communities where he lived in many leadership posts and roles including: President of Keyser Kiwanis and Lions Clubs, charter member of the Junior Chamber of Commerce, serving on many organizations such as the Mineral County Chamber of Commerce, the Mineral County Mental Health Association and Council, Rotary, and over fifty years membership in the Davis Lodge 51; and

Whereas, Joseph William "Joe Bill" Kessel was awarded the prestigious Potomac State Advisory Distinguished Service Award, admitted into the Keyser High School Legion of Honor, was a life member of the Grace Methodist Church, was a long term member of the Board of Directors of the F&M Bank, and served his State and community unselfishly giving of his time and resources; and

Whereas, The death Joseph William "Joe Bill" Kessel should not go unnoticed; therefore, be it

Resolved by the House of Delegates:

That regret is hereby expressed by the members at the death of one of their own former members, Joseph William "Joe Bill" Kessel, educator, public servant, and great asset to business and industry; a man who loved his family and his beloved West Virginia, and above all gave freely of himself for his fellow man; and, be it

Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution for the family of "Joe Bill" Kessel who have suffered a great loss, including his beloved wife of fifty-one years, Margaret Virginia (Reid) Kessel; his son, Jeffery Mark Kessel and his wife, Lisa; his daughter Melinda Jeanne Painter and her husband Jay; as well as to the President of Potomac State College; and the Mayor of Keyser, West Virginia.

At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 23) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration:

H. C. R. 12, Designating Megalonyx Jeffersonnii as the official state fossil,

H. C. R. 19, Requesting the Division of Highways to rename Heritage Road, specifically Lincoln County Route 13/7, to "Guy Gillenwater Hollow",

H. C. R. 31, The "Sgt. James Allen May Memorial Bridge",

H. C. R. 34, Requesting that the Joint Committee on Government and Finance study a four day work week consisting of ten hour days for city, county and state employees,

H. C. R. 35, The "Noah Stephens Bridge",

H. C. R. 42, Providing for the renaming of Fairgrounds Road located in Cabell County "Bill Blenko Drive",

And,

H. R. 2, Requesting the State Fire Commission to increase by six percent the salary paid to the State Fire Marshal,

And reports the same back with the recommendation that they each be adopted.

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

Your Committee on Finance has had under consideration:

H. B. 4169, Administration, leasing space on behalf of state spending units,

H. B. 4170, Agriculture, fee structure for the pesticide control act,

And,

H. B. 4279, Tax Department, exchange of information agreement,

And reports the same back with the recommendation that they each do pass but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4169, H. B. 4170 and H. B. 4279) were each referred to the Committee on the Judiciary.

Chairman Poling, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4163, Clarifying that if a county board of education moved the library funding obligation of a "special act library" from the regular tax levy to the excess levy, the library funding obligation under the special act would cease,

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. 4163) was referred to the Committee on Finance.

Chairman Poling, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4124, Adding CPR and First Aid training to the health education curriculum in secondary schools,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4124 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to including education concerning CPR and First Aid in the health education curriculum in any grades six through twelve,"

And,

H. B. 4407, Requiring automatic tire chains as standard equipment on all new school buses,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4407 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to required equipment for school buses; and requiring automatic tire chains as standard equipment on all new school buses,"

With the recommendation that the committee substitutes each do pass.

Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4047, Prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency,

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 the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 4047) was referred to the Committee on the Judiciary.

On motion for leave, a resolution was introduced (Originating in the Committee on Pensions and Retirement and reported with the recommendation that it be adopted), which was read by its title, and referred to the Committee on Rules:

By Delegates Spencer, Craig, Browning, Stephens, Perry and Canterbury:
H. C. R. 52 - "Requesting that the Joint Committee on Government and Finance authorize the study of the creation of a new retirement system for correctional officers employed by the State of West Virginia."

Whereas, Correctional officers are dedicated to enhancing public safety and providing services and responsiveness to victims of crime; and

Whereas, Correctional officers provide a safe, secure and humane correctional system that includes an effective community supervision program and opportunities to prepare offenders for successful re-entry; and

Whereas, Correctional officers face stressful and dangerous situations on a regular basis; and

Whereas, Correctional officers for the Federal Bureau of Prisons who have completed 20 years of service in a position covered by "hazardous duty" law enforcement retirement provisions are eligible to retire at age 50; and

Whereas, Division of Corrections, Regional Jail Authority and Division of Juvenile Services employees are currently members of the Public Employees Retirement System; and

Whereas, Correctional officers may benefit from the creation of a retirement system that considers the risks and work environment associated with their job duties; and therefore be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the creation of a new retirement system for correctional officers employed by the State of West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the Legislative 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.

The Speaker then referred the resolution to the Committee on Rules.

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. 2238, Providing service credits for service in the West Virginia national guard and reserve for public employees retirement system and civil service examinations,

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. 2238) was referred to the Committee on Finance.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Perry, Browning, M. Poling, Shaver, Wysong, Duke, Romine, Williams and Ellis:

H. B. 4588 - "A Bill to repeal §18-9A-5a, §18-9A-5b, §18-9A-10a and §18-9A-22 of the Code of West Virginia, one thousand nine thirty-one, as amended; to amend and reenact §18-1-1 of said code; to amend and reenact §18-9A-2, §18-9A-3a, §18-9A-4, §18-9A-5, §18-9A-6, §18-9A-6b, §18-9A-7, §18-9A-8, §18-9A-9, §18-9A-10 and §18-9A-21 of said code; and to amend and reenact §18-20-5 of said code all relating to public school support; defining terms; eliminating adjusted enrollment and certain waiver provisions; eliminating obsolete provisions; providing alternate computation of county and total basic foundation program funding for certain years; limiting basis of foundation allowances for personnel to ceratin ratios of net student enrollment instead of adjusted enrollment; establishing different net enrollment limits on the basis of differences in students per square mile and expiring existing ratios and funding provisions; providing for certain adjustments to net enrollment for allowances in low enrollment counties; establishing minimum ratios of professional instructional personnel per students in net enrollment; applying growth in local share to increase state minimum salaries for teachers; establishing student density categories for determining allowance for transportation; modifying incentive for alternative fuel use and allowance for transporting students to certain multi-county centers; removing obsolete provisions for certain competitive bidding; deleting allowance for administrative costs; providing foundation allowance for professional student support personnel, including fixed charges; revising calculation of allowance for current expense; including professional student support personnel costs in determining professional substitute allowance; placing funding supplement for advanced placement and duel credit enrollment in allowance to improve instructional programs; repealing provisions for certain additional nursing positions; providing enrollment basis for alternative program funding and adding prevention programs; expiring certain provisions for funding for economies of scale in certain counties; requiring annual review and report by state superintendent on exceptional student services and accounting of services and costs; and authorizing appropriation for distribution upon application to support exceptional student services that exceed county capacity from funds available."

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. 4139, Relating to licensing persons using bioptic telescopic devices to operate a motor vehicle,

And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4139 - "A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended; and to further amend said chapter by adding thereto a new article, designated §17B-2B-1, §17B-2B-2, §17B-2B-3, §17B-2B-4, §17B-2B-5, §17B-2B-6, §17B-2B-7, §17B-2B-8, §17B-2B-9, §17B-2B-10 and §17B-2B-11, all relating to licensing persons using bioptic telescopic devices to operate a motor vehicle; creating a Class G driver's license for persons using bioptic telescopic devices who complete an approved driver training program; authorizing the Division of Rehabilitation Services to create an approved driver training program; establishing minimum eligibility requirements for acceptance into an approved driver training program and minimum curriculum requirements; establishing criteria and restrictions for a Class G instruction permit and driver's license; specifying the duration of the Class G instruction permit and driver's license; providing for removal of the daytime driving restriction in certain circumstances; establishing standards for licensure of restricted out-of-state drivers to obtain a West Virginia Class G instruction permit or driver's license; providing prerequisites for renewal of a Class G driver's license; providing for suspension, revocation and reinstatement of Class G driver's licenses; requiring the Commissioner of the Division of Motor Vehicles to collect information regarding accidents, violations and convictions by Class G licensees and to report the same annually to the Legislature; requiring the Commissioner of the Division of Motor Vehicles and the Director of the Division of Rehabilitation Services to propose legislative rules; and clarifying that training provisions for Class G licensees do not apply to persons already licensed in this state to operate a motor vehicle while wearing bioptic telescopic devices,"

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. 4138, Relating to rule making requirements of the Department of Health and Human Services,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4138 - "A Bill to amend and reenact §29A-1-3 of said code, relating to rulemaking requirements of the Department of Health and Human Services; requiring filing, public notice and comment on certain rules, plans and policies; providing for emergency rulemaking; and requiring public hearings in certain instances,"

And,

H. B. 4524, Relating generally to the ethical standards of public officers, employees and lobbyists,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4524 - "A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §6B-2-1, §6B-2-2a, §6B-2-3a, §6B-2-4, §6B-2-5 of said code; and to amend reenact §6B-3-3c, and §6B-3-4 of said code, all relating generally to the ethical standards of public officers, employees and lobbyists; defining additional terms; providing compensation for telephonic participation in meetings; creating a procedure for replacing recused members of the Probable Cause Review Board; altering requirements for pending complaint against a candidate for public office is stayed; establishing a time-frame for candidates to waive stay provisions; clarifying the procedure for replacing recused members of the commission hearing a complaint; providing for exclusive appeal of decisions by the commission imposing sanctions to the circuit court of Kanawha County; permitting personal use of frequent traveler bonus points acquired on official government business; redefining and clarifying what constitutes a limited interest in a public contract; prohibiting public employees or officials from influencing contracts in which they have a financial interest; providing that full-time public officials and full-time public employees may not seek employment with or be employed by a vendor over whose public contract the public official or public employee exercises authority or control; providing a procedure for granting exceptions to the restriction on purchases of personal property from regulated persons and vendors; providing that public officials and employees may not decide matters regarding a vendor with whom the official or employee is seeking employment or has an agreement concerning future employment; providing standards for determining when public officials may or may not vote on matters involving a for profit or not for profit business, including financial institutions, with whom either they or a an immediate family member are associated; providing that lobbyists must complete an ethics training course during each two-year registration cycle; clarifying that notice of suspension of a lobbyist's lobbying privileges be sent to the affected lobbyist by certified mail; requiring lobbyist complete training prior to lobbying; and making technical corrections,"

With the recommendation that the committee substitutes each do pass.

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. 4438, Relating to air pollution control,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

In the absence of objection, the bill (H. B. 4438) was referred to the Committee on the Judiciary.

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

Your Committee on Finance has had under consideration:

H. B. 4205, Public Service Commission, rules and regulations governing emergency telephone service,
H. B. 4209, Administration, leasing space on behalf of state spending units,

And,

H. B. 4213, Alcohol Beverage Control Commission, retail licensee operations,

And reports the same back, with amendment, with the recommendation that they each do pass but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4205, H. B. 4209 and H. B. 4213) were each referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates J. Miller, Lane, Romine, Ashley and Evans:
H. B. 4575 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-24, relating to providing a deduction from personal income tax for amounts paid for health insurance plans not backed by an employer or the government"; to the Committee on Banking and Insurance then Finance.

By Delegates Walters, Iaquinta, Crosier, Longstreth and Azinger:
H. B. 4576 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1, §9A-5-2, §9A-5-3, §9A-5-4, §9A-5-5 and §9A-5-6, all relating to creation of a Traumatic Brain Injury Services Commission"; to the Committee on Veterans Affairs and Homeland Security then Finance.

By Delegates Manchin, Caputo and Longstreth:
H. B. 4577 - "A Bill to amend and reenact §21-5C-1 of the Code of West Virginia, 1931, as amended, relating to removing certain exceptions in the definitions of 'employer' and 'employee' covered by the West Virginia minimum wage law"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Williams, Burdiss, Guthrie, Hutchins, Longstreth, Mahan, D. Poling and Shook:

H. B. 4578 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-6, relating to authorizing a two thousand dollar salary increase for civil service employees at state hospitals that did not receive a two thousand dollar salary increase in 2007"; to the Committee on Finance.

By Delegates Kessler, Mahan, Burdiss and Gall:
H. B. 4579 - "A Bill to amend and reenact §11-12C-5 of the Code of West Virginia, 1931, as amended, relating to voluntary associations and nonprofit organizations are exempt from the annual fee of Secretary of State as attorney-in-fact unless services are actually rendered"; to the Committee on the Judiciary then Finance.

By Delegates Iaquinta, Longstreth, Caputo, Ennis, Fragale, Ireland and Swartzmiller:
H. B. 4580 - "A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as amended, relating to designating the seventh day of December, 'Pearl Harbor Day', as a legal state holiday"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Schoen, Armstead, Sobonya, Sumner, Overington, J. Miller, Cowles and Schadler:

H. B. 4581 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-6-1, relating to the verification of lawful presence within the United States of any person applying for state, local, or federal public benefits"; to the Committee on the Judiciary then Finance.

By Delegates Duke, Overington, Blair and Trump:
H. B. 4582 - "A Bill to amend and reenact section 1, chapter 83, Acts of the Legislature, regular session, 1970, relating to placing a cap on the sum of revenues and levies the Berkeley County Court must pay into the Berkeley County Public Library Fund"; to the Committee on the Judiciary then Finance.

By Delegates Staggers, Rodighiero, Longstreth, Brown, Guthrie and Moye:
H. B. 4583 - "A Bill to amend and reenact §17B-3-8 of the Code of West Virginia, 1931, as amended, relating to suspension of driver's license; and reducing term of suspension to no more than six months, except for serious traffic offenses"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Campbell, Crosier, Long, Boggs, Hutchins, Eldridge, Williams, Marshall, Barker, Fleischauer and Yost:

H. B. 4584 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26u, relating to providing a cost-of-living provision for certain persons under the Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.

By Delegates Iaquinta, Longstreth, Caputo, Ennis, Fragale, Ireland and Swartzmiller:
H. B. 4585 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military income from personal income taxes beginning in two thousand nine"; to the Committee on Veterans Affairs and Homeland Security then Finance.

By Delegates Rowan, Lane, Sobonya, Ellem, Ireland, Anderson, Romine and Andes:
H. B. 4586 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-11D-3 of said code, all relating to sex offenders; prohibiting sexual offenders from residing in certain areas and subjecting persons convicted of sexual crimes against a minor to global positional system monitoring for the duration of their life"; to the Committee on the Judiciary.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4587 - "A Bill to repeal §11-23-5b of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13S-4 of said code; to amend and reenact §11-23-5a of said code; to amend said code by adding thereto a new section, designated §11-23-17b; to amend and reenact §11- 24-3a, §11-24-4, §11-24-7, §11-24-7b, §11-24-13a, §11-24-13c, §11-24-13d, §11-24-13f and §11- 24-42 of said code; and to amend said code by adding thereto a new section, designated §11-24-3b, all relating to corporate net income tax and business franchise tax and combined reporting; specifying percentage of taxes subject to offset by manufacturing investment tax credit; specifying allocation and apportionment methods and rules; specifying application of certain tax credits; defining terms; specifying general meaning relating to the term tax haven; specifying imposition of tax and rates; specifying reductions of corporation net income tax rate; specifying nullity for designated provisions; specifying removal of nullity for designated provisions; specifying apportionment rules for financial organizations; specifying treatment of insurance companies; specifying method of filing; specifying application of designated net operating losses; specifying treatment of designated dividends; mandating reporting on water's-edge unitary basis; specifying election to report based on worldwide unitary basis; specifying authority of Tax Commissioner to prescribe reporting basis; and specifying effective dates"; to the Committee on Finance.
Special Calendar
Third Reading
S. B. 257, Repealing outdated penitentiary code provisions; 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. 63), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent And Not Voting: Cann, Ennis, Frederick, Mahan, Morgan, Stemple, Swartzmiller, Tucker and Yost.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 257) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 4389, Removing requirement that resident violators of traffic laws be required to sign citations; 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. 64), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent And Not Voting: Cann, Ennis, Frederick, Mahan, Morgan, Stemple, Swartzmiller, Tucker and Yost.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4389) 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. 4464, Adding more exemptions to the requirement that a foreign corporation obtain a certificate of authority before conducting affairs in the state; 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. 4464 under the provisions of House Rule 49, stating that his employer may be affected by the passage of the bill.

The Speaker refused to excuse the Gentleman from voting, stating that any direct effect coming from the passage of the bill would be toward the employer and not Delegate Armstead as an individual.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 65), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent And Not Voting: Cann, Ennis, Frederick, Mahan, Morgan, Stemple, Swartzmiller, Tucker and Yost.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4464) 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. 4465, Relating to fees charged by the Secretary of State; on third reading, coming up in regular order, was read a third time.

Delegate Schoen requested to be excused from voting on the passage of H. B. 4465 under the provisions of House Rule 49, stating that in her law practice, she assists clients to set up corporations and LLCs and may use the program enumerated in the bill in the future.

The Speaker refused to excuse the Lady from voting, stating that she demonstrated no direct interest in the bill.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 66), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent And Not Voting: Cann, Ennis, Frederick, Mahan, Morgan, Stemple, Swartzmiller, Tucker and Yost.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4465) 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. 4513, Relating to the reimbursement of costs for newborn screenings; 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. 67), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent And Not Voting: Cann, Ennis, Frederick, Mahan, Morgan, Stemple, Swartzmiller, Tucker and Yost.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4513) 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

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. 4157, Allowing insurers who have been suspended from writing new policies to continue to service existing policies,

And,

Com. Sub. for H. B. 4331, Eliminating the requirement to send surrendered driver's licenses back to the original state of licensure.
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. 3056, Authorizing pharmacists to administer immunizations,

And,
H. B. 4411, Exempting land-based finfish aquaculture facilities from certain sludge management requirements.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Ennis, Frederick, Mahan, Morgan, Stemple, Swartzmiller, Tucker and Yost.

At 11:58 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 18, 2008.