________*__________
Sunday, August 19, 2007
FIRST DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
Pursuant to the Proclamation of His Excellency, the Governor, issued on the seventeenth day
of August, 2007, and hereinafter set forth, convening the Legislature in Extraordinary Session on the
nineteenth day of August, 2007, the House of Delegates assembled in its Chamber in the Capitol
Building in the City of Charleston, and at 6:00 p.m., 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 roll being called (Roll No. 573), and 96 members having answered to their names, the
Speaker declared the presence of a quorum.
Messages from the Executive
The Speaker laid before the House of Delegates the Proclamation of His Excellency, the
Governor, convening the Legislation in extraordinary session, which was read by the Clerk as
follows:
State of West Virginia
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority
vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call the
Legislature of West Virginia to convene in Extraordinary Session at six o'clock p.m. on the
nineteenth day of August, two thousand seven, in its chambers in the State Capitol, City of
Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST: Legislation providing for an additional modification decreasing federal adjusted gross
income for West Virginia state personal income tax for certain tolls expended through use of a West
Virginia Parkways, Economic Development and Tourism Authority PAC Card (Parkways Authority
Commuter Card) account for noncommercial commuter passes.
SECOND: Legislation relating to the receipt and transfer of any form of copper, aluminum,
brass, lead or other nonferrous metal, stainless steel kegs or steel railroad track and track material.
THIRD: Legislation creating the Address Confidentiality Program within the office of the
Secretary of State.
FOURTH: Legislation relating to electronic interception of a nonconsenting party's conduct
or oral communications in his or her home by an investigative or law-enforcement officer or
informant invited into the party's home; and requiring a court order authorizing an electronic
interception based upon an affidavit establishing probable cause that the interception would provide evidence of the commission or a crime and providing exceptions thereto for electronic intercepts in
exigent circumstances.
FIFTH: Legislation relating to higher education generally; authorizing the Higher Education
Policy Commission to convey real property; providing for election of officers, terms of office, and
meeting requirements of the Higher Education Policy Commission, the Council for Community and
Technical College Education, institutional boards of governors, and institutional boards of advisors;
and authorizing institutions of higher education to provide salary increases if funds are available for
certain classified employees under certain circumstances.
SIXTH: Legislation relating to the Tourism Promotion Fund; clarifying the administration
of the fund; and including advertising on the internet within the definition of direct advertising.
SEVENTH: Legislation relating to the Governor's Cabinet on Children and Families.
EIGHTH: Certain ceremonial and memorial resolutions.
NINTH: A supplemental appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to
certain funds; and supplementing and amending certain funds of the Department of Health and
Human Resources and the Bureau of Senior Services.
TENTH: A supplemental appropriation bill amending and increasing items of the existing
appropriations from the State Road Fund to certain funds.
ELEVENTH: A supplemental appropriation from the balance of moneys remaining
unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to new items
of appropriation for funds in the Department of Health and Human Resources, the Department of
Revenue, and the Bureau of Senior Services.
TWELFTH: A supplemental appropriation from the balance of moneys remaining
unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, by increasing
spending authority to certain funds in the Department of Commerce, the Department of Revenue,
and the Public Service Commission.
THIRTEENTH: A supplemental appropriation from the balance of moneys remaining
unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight,
to new items
of appropriation of federal moneys for funds in the Department of Military Affairs and Public Safety
and the Board of Pharmacy.
FOURTEENTH: A supplemental appropriation bill expiring funds related to the School
Building Authority.
FIFTEENTH: A supplemental appropriation bill expiring funds related to the Public Service
Commission.
SIXTEENTH: Legislation relating to oil and natural gas production royalty payments and the
calculation thereof; relating to the taxation of oil, natural gas and coalbed methane production; and
relating to shallow wells.
SEVENTEENTH: Legislation to authorize and appropriate the expenditure of public moneys
to pay the expenses of this extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State
of West Virginia, this the seventeenth day of August, in the year of our Lord, Two Thousand Seven, and in
the One Hundred Forty-Fifth year of the State.
Joe Manchin, III
Governor.
BY THE GOVERNOR:
Betty Ireland
Secretary of State.
On motion of Delegate DeLong, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had assembled in extraordinary session and was
ready to enter upon the business stated in the Proclamation by which it had been called together.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Marshall, Martin and Sobonya.
On motion of Delegate DeLong, the Speaker was authorized to appoint a committee of three,
to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor,
that the Legislature had assembled in extraordinary session and was ready to enter upon the business
stated in the Proclamation.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Hatfield, Argento and Rowan.
Subsequently,
Delegate Marshall, from the committee to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to proceed to the business of the session,
announced that the committee had discharged its assignment.
Delegate Hatfield, from the committee to inform His Excellency, the Governor, that the
Legislature had assembled in extraordinary session pursuant to his Proclamation, announced the
performance of that duty.
* * * * *
The Clerk read a letter from the Honorable Jon Amores, resigning his seat as a member from
the 30th Delegate District, as follows:
HOUSE OF DELEGATES
WEST VIRGINIA LEGISLATURE
Building 1, Room E-228
1900 Kanawha Blvd., East
Charleston, WV 25305
April 9, 2007
The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305
Dear Mr. Speaker:
As you may be aware, an opportunity with the state Department of Commerce as recently
become available which would enable me to continue my public service in a new and exciting
manner. I intend to accept this position and ask that you consider this correspondence as my formal letter of resignation from the House of Delegates. Effective today, April 9, 2007, I am officially
resigning my seat in the House representing the 30th District.
I have been honored to represent the citizens of Kanawha County for so many years and will
truly miss being a part of the camaraderie and excellent work of the House of Delegates. I look
forward to continuing my service in my new role with the Department of Commerce, and working
with all of my friends in the West Virginia Legislature.
Sincerely yours,
Jon Amores
Subsequently,
The Clerk read a communication from His Excellency, the Governor, as follows:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON 25305
April 16, 2007
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of W. Va. Code § 3-10-5, I have this day appointed David Kent
Higgins, 18 Norwood Road, Charleston, Kanawha County, West Virginia as a Delegate representing
the Thirtieth District of the House of Delegates, to fill the vacancy created by the resignation of The Honorable Jon Amores, from this day through the remainder of the unexpired term of Delegate
Amores.
Very truly yours,
Joe Manchin, III
Governor.
The Clerk read a letter from the Honorable Ron Thompson, resigning his seat as a member
from the 27th Delegate District, as follows:
HOUSE OF DELEGATES
WEST VIRGINIA LEGISLATURE
Building 1, Room 200C-E
1900 Kanawha Blvd., East
Charleston, WV 25305
July 24, 2007
The Honorable Richard Thompson
Speaker of the West Virginia House of Delegates
Room 234M, Building 1
State Capitol Complex
Charleston, WV 25305
Dear Mr. Speaker:
I do hereby tender my resignation from the West Virginia House of Delegates effective
immediately.
I deeply appreciate the kind words and concern expressed by many during this time in my life. While my condition continues to improve, my full recovery time is taking longer than originally
anticipated. Therefore, I feel that it is in the best interest of the constituents whom I serve that I take
such action.
I wish you and everyone involved in the legislative process the best.
With warm personal regards and deepest appreciation, I am sincerely,
Ron Thompson, Jr.
Subsequently,
The Clerk read a communication from His Excellency, the Governor, as follows:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON 25305
August 10, 2007
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of W. Va. Code § 3-10-5, I have this day appointed Louis A. Gall,
201 Bluestone Drive, Beckley, Raleigh County, West Virginia as a Delegate representing the
Twenty-Seventh District of the House of Delegates, to fill the vacancy created by the resignation of
The Honorable Ron Thompson, Jr., from this day through the remainder of the unexpired term of
Delegate Thompson.
Very truly yours,
Joe Manchin, III
Governor.
Messages from the Senate
A message from the Senate, by
Senators Jenkins, Foster and Facemyer, announced that the Senate had convened in
extraordinary session, pursuant to the Proclamation of the Governor, with a quorum present, and was
ready to enter upon the business for which the Legislature had been called together.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 201 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section designated §11-21-12h relating to an additional modification decreasing federal
adjusted gross income for West Virginia state personal income tax for certain toll expenses charged
by the West Virginia Parkways, Economic Development and Tourism Authority."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
201) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 202 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-12-5a; and to amend and reenact §61-3-49 of said code; all
relating to the receipt and transfer of any form of copper, aluminum, brass, lead or other nonferrous
metal, stainless steel kegs or steel railroad track and track material; providing definitions; providing
restrictions on applying for and grounds for cancelling business registration certificates; imposing
additional reporting and record retention requirements for certain purchasers of such metals;
requiring the State Police to develop a standard form for reporting purchase information; providing
for the inspection of records by law enforcement and investigators employed by public utilities and
railroads; permitting investigators employed by public utilities and railroads to assist law
enforcement investigations; providing for the return of such metals under certain conditions; and
increasing criminal penalties for violations."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
202) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 203 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §3-1D-1, §3-1D-2, §3-1D-3, §3-1D-4, §3-1D-5, §3-1D-6, §3-1D-7,
§3-1D-8, §3-1D-9 and §3-1D-10, all relating to the creation and implementation of the Address
Confidentiality Program; providing for administration by the Secretary of State; providing address
confidentiality for victims of domestic abuse, sexual assault, or stalking; providing eligibility and
application requirements for participation in program; requiring contents of an application be kept confidential; establishing a process for certification of applicants as program participants; providing
for cancellation of a participant's certification; providing for use of a designated confidential
address; allowing disclosure of actual residential or mailing address under certain circumstances;
establishing criminal penalties for the filing of false information or breaching the program's
confidentiality; limiting the Secretary of State's liability; and requiring the Secretary of State propose
legislative and emergency rules."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
203) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 204 - "A Bill to amend and reenact §62-1D-3 and §62-1D-9 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §62-
1F-1, §62-1F-2, §62-1F-3, §62-1F-4, §62-1F-5, §62-1F-6 and §62-1F-7 all relating to electronic
interception of a non-consenting party's conduct or oral communications in his or her home by an
investigative or law enforcement officer or an informant invited into said home; providing
definitions; requiring court order to perform electronic interception; authorizing law-enforcement
to apply for orders; authorizing magistrates and circuit court judges to issue electronic interception
orders; setting forth requirements for electronic interception order applications; requiring orders
setting forth information; setting forth scope and duration of orders; setting forth procedures for
maintaining and disposing of electronic intercepts; requiring recording of electronic intercepts and
keeping of related notes; establishing requirements for custody and destruction of said recordings; placing applications and orders under seal; placing restrictions on disclosure and use of electronically
intercepted conduct and communications and related information derived therefrom; and providing
for electronic intercepts in exigent circumstances subject to subsequent approval."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
204) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 205 - "A Bill to amend and reenact §18B-1-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §18B-1B-3 of said code; to amend and reenact §18B-2A-1 of said
code; to amend and reenact §18B-2B-5 of said code; to amend and reenact §18B-6-1 of said code;
and to amend and reenact §18B-9-4 of said code; all relating to higher education generally; Higher
Education Policy Commission; authorizing the Higher Education Policy Commission to convey real
property; West Virginia Council for Community and Technical College Education; institutional
boards of governors and institutional boards of advisors; providing for election of officers; terms of
office; meetings; authorizing institutions to provide salary increases if funds are available for certain
classified employees under certain circumstances; and deleting obsolete language."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
205) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Education.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 206 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as
amended, relating to the tourism promotion fund; clarifying the administration of the fund; including
advertising on the internet within the definition of direct advertising; and authorizing emergency rule
making."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
206) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 207 - "A Bill to repeal §5-26-1, §5-26-2, §5-26-2a, §5-26-3, §5-26-4, §5-26-5, §5-26-6
and §5-26-8 of the Code of West Virginia, 1931, as amended; to repeal §18-5-18d of said code; to
amend and reenact §16-5K-2 and §16-5K-4 of said code; to amend said code by adding thereto a new
article, designated §49-6C-1; and to amend and reenact §49-9-3 and §49-9-15 of said code, all
relating to repeal of the code provisions authorizing the Governor's Cabinet on Children and
Families; transferring necessary powers and duties from said cabinet to the Bureau for Children and
Families and transferring administration and control of the children's trust fund from said cabinet
to the Secretary of the Department of Health and Human Resources or his or her designee."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
207) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Government Organization.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 209 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State
Fund, General Revenue, to the Governor's Office, fund 0101, fiscal year 2008, organization 0100,
to the Department of Agriculture, fund 0131, fiscal year 2008, organization 1400, to the Department
of Administration, Department of Administration - Office of the Secretary, fund 0186, fiscal year
2008, organization 0201, to the Department of Administration - West Virginia Public Employees
Grievance Board, fund 0220, fiscal year 2008, organization 0219, to the Department of
Administration - Real Estate Division, fund 0610, fiscal year 2008, organization 0233, to the
Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2008,
organization 0307, to the Department of Commerce, Department of Commerce - Office of the
Secretary, fund 0606, fiscal year 2008, organization 0327,to the Department of Education - State
Department of Education, fund 0313, fiscal year 2008, organization 0402, to the Department of
Education and the Arts, Department of Education and the Arts, Office of the Secretary, fund 0294,
fiscal year 2008, organization 0431, to the Department of Education and the Arts - Division of
Culture and History, fund 0293, fiscal year 2008, organization 0432, to the Department of Health
and Human Resources - Division of Health-Central Office, fund 0407, fiscal year 2008, organization
0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403,
fiscal year 2008, organization 0511, to the Department of Military Affairs and Public Safety,
Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year
2008, organization 0601, to a new item of appropriation designated to the Bureau of Senior Services,
Bureau of Senior Services, fund 0420, fiscal year 2008, organization 0508, to Higher Education,
West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2008, organization 0420, and to Higher Education, Higher Education Policy
Commission - System - Control Account, fund 0586, fiscal year 2008, organization 0442, by
supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand
seven, known as the Budget Bill."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
209) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 210 - "A Bill supplementing, amending and increasing items of the existing
appropriations from the State Road Fund to the Department of Transportation, Division of Motor
Vehicles, fund 9007, fiscal year 2008, organization 0802, and the Department of Transportation,
Division of Highways, fund 9017, fiscal year 2008, organization 0803, by supplementing and
amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
210) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 211 - "
A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to
a new item of appropriation designated to the Department of Health and Human Resources, Division of Human Services - West Virginia Works Separate State College Program Fund, fund 5467, fiscal
year 2008, organization 0511, to a new item of appropriation designated to the Department of Health
and Human Resources, Division of Human Services - West Virginia Works Separate State Two-
Parent Program Fund, fund 5468, fiscal year 2008, organization 0511, to a new item of appropriation
designated to the Department of Revenue, Office of the Secretary - State Debt Reduction Fund, fund
7007, fiscal year 2008, organization 0701, to a new item of appropriation designated to the
Department of Revenue, Alcohol Beverage Control Administration - Wine Tax Administration
Fund, fund 7087, fiscal year 2008, organization 0708, and to a new item of appropriation designated
to the Bureau of Senior Services, Bureau of Senior Services - Community Based Service Fund, fund
5409, fiscal year 2008, organization 0508, supplementing and amending chapter twelve, Acts of the
Legislature, regular session, two thousand seven, known as the Budget Bill."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
211) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 212 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to
the Department of Commerce - Miners' Health, Safety and Training Fund, fund 3355, fiscal year
2008, organization 0314, to the Department of Revenue - Alcohol Beverage Control Administration,
fund 7352, fiscal year 2008, organization 0708, and to the Public Service Commission, fund 8623,
fiscal year 2008, organization 0926, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
212) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 213 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to
a new item of appropriation designated to the Department of Military Affairs and Public Safety - Fire
Commission, fund 8819, fiscal year 2008, organization 0619, and to a new item of appropriation
designated to the Miscellaneous Boards and Commissions - Board of Pharmacy, fund 8857, fiscal
year 2008, organization 0913, supplementing and amending chapter twelve, Acts of the Legislature,
regular session, two thousand seven, known as the Budget Bill."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
213) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 214 - "
A Bill expiring funds to the balance of the State School Building Fund, fund
3957, fiscal year 2008, organization 0402, for the fiscal year ending the thirtieth day of June, two
thousand eight, in the amount of one million two hundred ninety-three thousand six hundred ninety-
six dollars from the School Building Authority, fund 3514, fiscal year 2008, organization 0402."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
214) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 215 - "A Bill expiring funds to the balance of the Public Service Commission Fund,
fund 8623, fiscal year 2008, organization 0926, for the fiscal year ending the thirtieth day of June,
two thousand eight, in the amount of four hundred thirty-nine thousand dollars from the Public
Service Commission Pipeline Safety Fund, fund 8624, fiscal year 2008, organization 0926."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B.
215) was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on Finance.
By Mr. Speaker, Mr. Thompson
[By Request of the Executive]:
H. B. 216 - "A Bill to amend and reenact §11-13A-3a, §11-13A-3d, §11-13A-10 and §11-
13A-17 of the Code of West Virginia, 1931, as amended, to amend said code by adding thereto a
new section, designated §11-13A-3f; to amend said code by adding thereto two new sections,
designated §11-13V-4a and §11-13V-4b; to amend and reenact §22-6-1 of said code; to amend said
code by adding thereto a new article, designated §22-7A-1, §22-7A-2, §22-7A-3, §22-7A-4, §22-7A-
5, and §22-7A-6; to amend and reenact §22C-8-2 of said code; and to amend and reenact §22C-9-2
of said code, all relating to oil and gas production; relating to the Severance and Business Privilege
Tax Act and the Workers' Compensation Debt Reduction Act; deleting superannuated language; specifying collection and remittance of the severance tax on production of natural gas or oil by the
first person to purchase the natural gas or oil after it has been severed, or in the event that the natural
gas or oil has been severed and processed before the first sale, the first person to purchase natural
gas or oil after it has been severed and processed; specifying purchaser liability for failure to collect
or remit the tax; specifying due dates and payment requirements; specifying exceptions to the
requirement that the purchaser collect and remit the tax; specifying persons subject to applicable
bonding requirements; eliminating the five hundred dollar per taxpayer credit for oil and gas
severance tax and eliminating other tax credits against natural gas severance taxes and oil severance
taxes; authorizing issuance of emergency rules and other rules by the tax commissioner; specifying
severance tax rate on natural gas and on oil; eliminating the severance tax exemption for natural gas
or oil produced from any well placed back into production which has not produced marketable
quantities of natural gas or oil for five consecutive prior years; specifying application of exemptions
and exceptions and use of direct severance payment authorization number; specifying termination
of the severance and business privilege tax exemption for production of coalbed methane and
specifying that coalbed methane is taxed as natural gas for purposes of the Severance and Business
Privilege Tax Act and for purposes of the taxes imposed by the Workers' Compensation Debt
Reduction Act; defining shallow wells; relating to oil and natural gas production royalty payments;
and the calculation of production royalty payments."
At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 216)
was taken up for immediate consideration, read a first time, ordered to second reading and then
referred to the Committee on the Judiciary then Finance.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Campbell, Tabb, Wysong and Yost.
At 6:31 p.m., the House of Delegates adjourned until 6:00 p.m., Monday, August 20, 2007.