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Wednesday, February 14, 2007

THIRTY-SIXTH 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.
At 11:00 a.m., on motion of Delegate DeLong, the House of Delegates recessed for one hour, and reconvened at that time.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 13, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted), which was read by the Clerk as follows:
Originating in the Committee on Rules:
H. R. 22 - "Rescinding and nullifying the former action of the House of Delegates in adopting House Resolution 16."
Resolved by the House of Delegates, a majority of the members present and voting concurring herein:
That House Resolution 16, declaring vacant the seat heretofore reserved for Mr. Ron Thompson, 27th Delegate District, heretofore adopted on February 8, 2007, be, and it is, hereby rescinded and nullified; and, be it
Further Resolved, That the Speaker of the House send notice of this action by letter to the Governor, the Secretary of State, the State Chairman of the Democratic Party, the county chairmen of the Executive Committees of the Democratic Party of Raleigh and Summers Counties and the 27th Delegate District Executive Committee.
At the request of Delegate DeLong, and by unanimous consent, the resolution (H. R. 22) was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was stated by the Speaker.
Debate ensued on the pending question, and at the conclusion thereof, the Speaker again stated the question before the House.
The resolution (H. R. 22) was then adopted.
Delegate Lane submitted a written vote explanation on the adoption of H. R. 22, as follows:
Delegate Lane. The West Virginia Constitution grants the House of Delegates the authority to declare a seat vacated if the member-elect of that seat refuses to take the oath of office. In this case, the House took definitive action on the matter by adopting H. R. 16 declaring the seat vacated.
I have found no evidence in the Constitution which grants this body the authority to "un- vacate" a seat after the seat has been declared vacated. The House of Delegates has overstepped its Constitutional authority and, therefore, I must vote against H. R. 22.
I hope that this vote is not misconstrued as uncompassionate with regard to the personal situation of the individual who is the subject of the resolution. However, this vote should be considered a reaffirmation of my belief that the Constitution of this State must be adhered to even when it is difficult to do so.
Delegate Hamilton requested that the Journal record him as voting "Yea" on the adoption of the foregoing resolution.
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. 10, The Lloyd L. Lang Bridge,
H. C. R. 19, The Matilda Messed Bridge,
H. C. R. 25, Expressing the concern of the Legislature that a probable corporate takeover of Elkem by Alcoa Corporation may adversely affect the state economy,
H. C. R. 26, The Sheriff Fred Gaudet Bridge,
H. C. R. 31, Requesting the State of West Virginia and the US Federal Government to fully recognize that the counties of Berkeley and Jefferson are part of the historic Shenandoah Valley,
H. R. 17, Urging the United States Congress to pass the Employee Free Choice Act,
And reports the same back with the recommendation that they each be adopted.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2777, Relating to compensation of public school teachers and school personnel,
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. 2777) was referred to the Committee on Finance.
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. 2790, Authorizing magistrate courts to assess a fee for record searches,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2790 - "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 for record searches,"
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. 2178, Providing criminal penalties for persons convicted of human trafficking and involuntary servitude offenses,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2178 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-2A-1, §61-2A-2, §61-2A-3, §61-2A-4 and §61-2A-5, relating to creation of new criminal offenses for the trafficking of persons and involuntary servitude; creating definitions; establishing involuntary servitude offenses; establishing offenses involving sexual servitude of a minor; establishing offenses for trafficking of persons for forced labor or services; and requiring restitution,"
H. B. 2840, Relating to transportation of wildlife outside of the state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2840 - "A Bill to amend and reenact §20-2-12 of the Code of West Virginia, 1931, as amended, relating to transportation of wildlife outside of the state; and allowing residents and nonresidents to take legally killed, taken or captured game out of the state,"
And,
H. B. 2972, Relating to electronic voting systems; requiring the ballot to be clearly marked or punched for a write-in position,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2972 - "A Bill to amend and reenact §3-4A-27 of the Code of West Virginia, 1931, as amended, relating to electronic voting systems; requiring the ballot to be clearly marked for a write-in position; and removal of outdated references to punch cards,"
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. 2679, Registered Professional Nurses, criteria for evaluation and accreditation of colleges, or schools of nursing,
H. B. 2681, Registered Professional Nurses, continuing education,
And,
H. B. 2682, Registered Professional Nurses, dialysis technicians,
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. 2679, H. B. 2681 and H. B. 2682) were each referred to the Committee on the Judiciary.
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. 2518, Providing per diem payment to members of the Board of Banking and Financial Institutions in an amount equal to the amount paid to members of the Legislature for interim duties,
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. 2518) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2666, Library Commission, administrative regulations,
And,
H. B. 2680, Registered Professional Nurses, requirements for registration and licensure,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2666 and H. B. 2680) were each referred to the Committee on the Judiciary.
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. 6 - "A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law-enforcement powers; empowering conservation officers to stop vessels to conduct safety checks to ensure vessels are properly equipped and licensed; and boarding vessels only with consent of the owner or operator or upon probable cause if criminal activity is observed or suspected"; which was referred to the Committee on Agriculture and Natural Resources 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. 178 - "A Bill to amend and reenact §7-18-2 and §7-18-14 of the Code of West Virginia, 1931, as amended, all relating to hotel occupancy tax; allowing counties to increase the hotel occupancy tax to not more than six percent; requiring public hearing prior to enacting increase; and including incentives for passenger air service within the state and emergency service in certain areas as permissible expenditures of the proceeds from the hotel occupancy tax"; which was referred to the Committee 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. 405 - "A Bill to amend and reenact §12-3-1a and §12-3-1b of the Code of West Virginia, 1931, as amended, all relating to direct deposit; clarifying that only the Auditor receives authorization for direct deposit payment; permitting the Auditor to cease issuing paper warrants; and authorizing electronic notification for direct deposit payment"; 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. 428 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6L-101, §46A-6L-102, §46A-6L-103, §46A-6L- 104 and §46A-6L-105, all relating to consumer protection generally; defining certain terms; providing a procedure for consumers to implement a security freeze to prohibit a consumer-reporting agency from releasing all or any part of the consumer's credit report or any information derived from it to entities with whom the consumer has no existing credit relationship without the express authorization of the consumer in certain circumstances; exemptions; personal identification number or password; procedures for removal or temporary lifting of security freeze; exceptions; fees; providing for a written notice of a consumer's rights; providing civil penalties for violations; and making a violation an unfair or deceptive act or practice"; 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. 431 - "A Bill to amend and reenact §19-15A-1, §19-15A-2, §19-15A-3, §19-15A-4, §19-15A-5, §19-15A-6, §19-15A-7, §19-15A-8, §19-15A-9 and §19-15A-10 of the Code of West Virginia, 1931, as amended, all relating to the regulation of agricultural liming materials; and updating definitions"; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.
Resolutions Introduced

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Doyle, Fleischauer, Overington, Staggers, Marshall, Brown, Amores, Hutchins, Ellem, DeLong and Rowan:

H. J. R. 23 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article IX thereof, relating to county organization; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
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.
Mr. Speaker, Mr. Thompson, and all other members of the House offered the following resolution, which was read by the Clerk:
H. R. 20 - "Designating February 14, 2007, as 'Children's Day'."
Whereas, West Virginia's children are the state's most precious resource; and
Whereas, As parents, neighbors, and communities, it is our fundamental obligation to care for, protect, and nurture our children; and
Whereas, It is our responsibility to assure and provide for the health and well-being, education and training of our children to prepare them for the challenge of adult life; and
Whereas, Our children are the future teachers, workers, and leaders of West Virginia; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby declares this day February 14, 2007, "Children's Day"; and, be it
Further Resolved, That the House of Delegates recognizes its responsibility to give our children every opportunity to succeed and prosper, and pledge to consider their welfare in the laws that we establish and the work of this Session of the Legislature; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a certified copy of this resolution to the appropriate officials of the Coalition for West Virginia's Children.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 20) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Boggs, Beach, Brown, Browning, Caputo, Craig, DeLong, Doyle, Eldridge, Ellis, Ennis, Fleischauer, Fragale, Guthrie, Hartman, Hrutkay, Hutchins, Kominar, Marshall, Michael, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Pino, M. Poling, Proudfoot, Reynolds, Rodighiero, Shook, Staggers, Stephens, Swartzmiller, Tabb, Talbott, Varner, Webster, Wells, Wysong and Yost offered the following resolution, which was read by the Clerk, as follows:
H. R. 21 - "Recognizing the public service of the AARP."
Whereas, Volunteering by sharing time and talent has been described as the art of caring and doing and makes a difference in the lives of others; and
Whereas, Many volunteers in West Virginia are members and volunteers of the AARP; and
Whereas, AARP West Virginia is a nonprofit, nonpartisan membership organization representing over 300,000 West Virginians and 37 million individuals nationwide who are 50 years of age or older; and
Whereas, AARP is dedicated to enhancing the quality of life, bringing positive social changes and delivering value to members through information, advocacy and service; and
Whereas, With more than thirty local chapters, AARP West Virginia strengthens communities, neighborhood by neighborhood, each day in our State; and
Whereas, AARP members and chapters make a special effort to assist communities through group projects or individual acts of kindness for the homebound and others in need in the Mountain State; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the public service of the AARP; and, be it
Further Resolved, That the House of Delegates extends its sincere appreciation to AARP West Virginia for its many contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a certified copy of this resolution to the appropriate representatives of AARP West Virginia.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 21) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Ennis (By Request):
H. B. 3060
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-16a, relating to providing a ten percent reduction in fees for state and county employees at state parks"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates M. Poling, Hatfield, Fragale, Moye, Caputo, Stephens, Hrutkay, Fleischauer and Paxton:

H. B. 3061
- "A Bill to amend and reenact §33-20-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting the use of credit scoring as a consideration in calculating insurance rates in homeowners or automobile liability policies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates M. Poling, Hatfield, Fragale, Moye, Stephens, Hrutkay, Caputo, Fleischauer and Paxton:

H. B. 3062
- "A Bill to amend and reenact §48-1-230 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §48-18-119a and §48-18-119b, all relating to child support generally; providing for liens upon proceeds or awards of a child support obligor from Workers' Compensation awards; authorizing cooperation with insurance companies; and providing for the filing of a lien or income withholding order against a future insurance claim settlement of a child support obligor"; to the Committee on the Judiciary.
By Delegates Longstreth, Burdiss, Iaquinta, Caputo and Manchin:
H. B. 3063
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-1A-l0l, §61-1A-102, §61-1A-103, §61-1A-201, §61-1A-202, §61-1A-203, §61-1A-301, §61-1A-401, §61-1A-501, §61-1A-502, and §61-1A-601, all relating to enabling state, county and municipal law-enforcement agencies to use their basic investigative and prosecutorial tools to thwart terrorist plots by defining and criminalizing the commission, financing and furtherance of, and the conspiracy to commit and incitement to commit, terrorist acts; providing for criminal penalties, including imprisonment, and civil penalties in the form of property forfeiture for violations; providing for venue in the prosecution of crimes under this article; distinguishing the acts prohibited under this article from any other crimes under this code; encouraging interagency cooperation in investigations; providing for nonapplicability to lawful military acts; and providing for immediate applicability"; to the Committee on the Judiciary.
By Delegates Overington, J. Miller, Doyle, Tabb, Wysong, Blair, Duke, Rowan and DeLong:

H. B. 3064
- "A Bill to amend and reenact §60-2-16 of the Code of West Virginia, 1931, as amended, relating to allowing counties with contiguous borders with other states where the closing time for bars is earlier than the closing time set by the Alcohol Beverage Control Commission to set a closing time at an hour no later than that of the contiguous state"; to the Committee on the Judiciary.
By Delegates Eldridge, Rodighiero, Ellis, Stemple, Williams, Perry, Beach, Shook, Argento and Reynolds:

H. B. 3065
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8D-10, relating to making false reports of child abuse, sexual abuse or domestic violence; providing a criminal offense for making false reports; requiring community service, monetary fines and class requirements for persons convicted of violations; and providing for civil liability for making false reports"; to the Committee on the Judiciary.
By Delegates Fleischauer, Beach, Shook, Marshall, Hrutkay, Stephens, Craig, Manchin, Crosier, Boggs and Wysong:

H. B. 3066
- "A Bill to amend and reenact §17C-10-2 and §17C-10-7 of the Code of West Virginia, 1931, as amended, all relating to pedestrian's right-of-way in crosswalks; penalties for violations"; to the Committee on the Judiciary.
By Delegate Staggers (By Request):
H. B. 3067
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-14-17f, relating to providing salary increases for deputies with college degrees; and providing county commissions with an election option in lieu of the mandated salary increases"; to the Committee on Finance.
By Delegates Fragale and M. Poling:
H. B. 3068
- "A Bill to amend and reenact §18A-3-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-5-4 of said code, all relating to providing school counselors are entitled to receive mentor status and mileage reimbursement"; to the Committee on Education then Finance.
By Delegate Browning:
H. B. 3069
- "A Bill to amend and reenact §21-5-17 of the Code of West Virginia, 1931, as amended, relating to prohibiting employers from discharging or disciplining a volunteer fireman or emergency medical service attendant who is required to leave work suddenly as a result of their responsibilities to address emergencies when the volunteer fireman or emergency medical service attendant has previously advised their respective employer of their status as a voluntary fireman or emergency medical service attendant and of the prospect that they may be required to leave work suddenly because of their responsibilities as such"; to the Committee on the Judiciary.
By Delegates Mahan, Fragale and Guthrie:
H. B. 3070
- "A Bill to amend and reenact §49-1-3 and §49-1-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5D-2 and §49-5D-3 of said code, all relating to child advocacy centers; defining terms; providing role of a child advocacy center in multidiciplinary teams and providing for the role of a child advocacy center in multidisciplinary treatment teams"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 3071
- "A Bill to repeal §5A-3-38, §5A-3-39, §5A-3-40, §5A-3-40a and §5A-3-41 of the Code of West Virginia, 1931, as amended; to repeal §20-1A-1, §20-1A-2, §20-1A-3, §20-1A-4, §20-1A-5, §20-1A-6, §20-1A-8 and §20-1A-9 of said code; to amend said code by adding thereto a new article, designated §5A-10-1, §5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A-10-6, §5A-10-7, §5A-10-8, §5A-10-9, §5A-10-10 and §5A-10-11; to amend said code by adding thereto a new article, designated §5A-11-1, §5A-11-2, §5A-11-3, §5A-11-4, §5A-11-5, §5A-11-6, §5A-11-7, §5A-11-8 and §5A-11-9; to amend and reenact §5F-2-1 and §5F-2-2 of said code; and to amend and reenact §20-1-7 of said code, all relating to the creation of the Real Estate Division in the Department of Administration; providing the Real Estate Division approval of leases; exempting the acquisition and management of public lands and streams by the Division of Natural Resources; creating an executive director of the Real Estate Division; granting the division authority; requiring inspection of leased or rental property; requiring agencies to maintain and submit real estate inventory records to the Real Estate Division; requiring review of real property inventory; granting rule making authority; transferring the Public Land Corporation to the Real Estate Division of the Department of Administration; providing a board of directors, members, terms, appointments and operation thereof; granting the Public Land Corporation powers and duties related to the acquisition, leasing, development, disposition and use of public lands; requiring sales of public land to be conducted by competitive bidding and exceptions; requiring public hearing before the sale, lease, exchange or transfer of land or minerals; requiring competitive bidding and notice before the development or extraction of minerals and related standards; and providing for the transfer and transition of the Public Land Corporation to the Real Estate Division of the Department of Administration"; to the Committee on Government Organization then Finance
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 3072 - "A Bill to amend and reenact §8-13-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-1A-23 of said code; to amend and reenact §11-10-5d of said code; and to amend and reenact §11A-2-2 of said code, all relating to local taxation; defining 'charitable exemptions' for purposes of the municipal business and occupation tax; authorizing disclosure of property tax data by the assessor to the sheriff and municipal finance officers; authorizing the Division of Taxation to share with local tax collection authorities federal employer identification numbers; and authorizing the costs incurred to collect delinquent taxes to be shared by all levying bodies"; to the Committee on Finance.
By Delegates Moore, White, Kominar and Amores:
H. B. 3073
- "A Bill to amend and reenact §31A-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31A-4-13 of said code, all relating to prohibiting financial institutions, state banks and out-of-state banks 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, if that affiliate engages in commercial activity; and defining the terms 'affiliate' and 'commercial activities'"; to the Committee on Banking and Insurance then Finance.
By Delegates Varner, Proudfoot, Stemple, Mahan, Hrutkay, Tabb, Browning, Kominar, Stalnaker, Shaver and Moye:

H. B. 3074
- "A Bill to amend and reenact §61-7-4 and §61-7-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating to the carrying of concealed weapons; clarifying the scope of a concealed weapons permit; amending reciprocity requirements; authorizing the Attorney General to investigate and execute reciprocity agreements with other states pertaining to the mutual recognition of permits or licenses to carry concealed handguns; setting forth minimum standards which must be met before such reciprocity agreements may be executed; clarifying the scope of valid out-of-state permits that may be recognized in West Virginia; establishing a registry of states with which West Virginia has entered into reciprocal agreements; and providing for public information regarding the applicable concealed weapons and carrying standards of the respective states"; to the Committee on the Judiciary.
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred Com. Sub. for H. B. 2955, on third reading, Special Calendar, to the House Calendar.

Special Calendar

Third Reading

S. B. 360, Extending time local levying bodies may meet; 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. 46), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S.B. 360) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 47), 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: Mahan and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S.B. 360) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 2204, Providing that retiring municipal police officers may keep their service revolver; 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. 48), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2204) 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. 2380, Exempting the purchase of certain drugs, durable medical goods, etc., from the consumers sales and service tax; on third reading, coming up in regular order, was read a third time.
Delegate Long requested to be excused from voting on the passage of Com. Sub. for H. B. 2380 under the provisions of House Rule 49, stating that he purchases drugs and medical supplies for his medical practice and would possibly be affected by the provisions of the bill.
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. 49), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2380) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 50), 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: Mahan and Tansill.
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. 2380) 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. 2498, Enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen; 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. 51), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2498) 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. 2801, Providing a fifty thousand dollar death benefit to the families of firefighters and EMS personnel who are killed in the line of duty; on 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. 52), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2801) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 53), 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: Mahan and Tansill.
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. 2801) 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. 2917, Repealing the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that require the accelerated payment of those taxes in the month of June; on 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. 54), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2917) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 55), 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: Mahan and Tansill.
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. 2917) 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. 2988, Relating to the West Virginia Tax Procedure and Administration Act; 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. 56), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2988) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 57), 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: Mahan and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2988) 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. 2989, Relating to certain tax shelters used to avoid paying state income taxes; 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. 58), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2989) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 59), 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: Mahan and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2989) 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. 2990, Making technical corrections to assure the proper collection of offset fees; 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. 60), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2990) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 61), 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: Mahan and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2990) 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. 2991, Authorizing the Tax Commissioner to conduct criminal record checks of prospective employees of the Tax Division; 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. 62), 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: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2991) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 63), 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: Mahan and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2991) 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. 2992, Decreasing the health care provider tax imposed on gross receipts of providers of nursing facility services; 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 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Mahan and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2992) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

S. B. 142, Providing penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-15. Iodine solution greater than 2.0 percent; prescription or permit required; offenses; penalties.

(a) A person may offer to sell, sell or distribute an iodine matrix only:
(1) As a prescription drug, pursuant to a prescription issued by a veterinarian or physician licensed within the state; or
(2) To a person who is actively engaged in the legal practice of animal husbandry of livestock, as defined in section eight, article one, chapter four of this code.
(b) Prescriptions issued under this section:
(1) Shall provide for a specified number of refills;
(2) May be issued by any means authorized by the Board of Pharmacy; and
(3) May be filled by a person other than the veterinarian or physician issuing the prescription.
(c) A person offering iodine matrix for sale:
(1) Shall store the iodine matrix so that the public does not have access to the iodine matrix without the direct assistance or intervention of a retail employee;
(2) Shall keep a record, which may consist of sales receipts of each person purchasing iodine matrix; and
(3) Shall, if necessary to ascertain the identity of the purchaser, ask for proof of identification from the purchaser.
(d) A person engaging in a regulated transaction pursuant to the provisions of subsection (a) of this section is guilty of a misdemeanor if he or she offers to sell, sells or distributes shall not possess with intent to distribute or distribute an iodine matrix to a person who:
(1) Does not present a prescription or is not engaged in animal husbandry, as required under subsection (a) of this section; or
(2) Is not excepted under subsection (g) (h) of this section.
(e) Any person who violates subsection (d) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars.
(e) (f) A person is guilty of a misdemeanor who shall not:
(1) Possesses Possess iodine crystals and/or an iodine matrix without proof of obtaining the crystals and/or solution in compliance with subsection (a) of this section; or
(2) Offers to sell, sells or distributes Possess with intent to distribute or distribute iodine crystals and/or an iodine matrix in violation of subsection (a) of this section.
(g) Any person who violates subsection (f) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars.
(f) (h) The provisions of subdivision (1), subsection (e) (f) of this section do not apply to:
(1) A chemistry or chemistry-related laboratory maintained by:
(A) A public or private regularly established primary or secondary school; or (B) a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;
(2) A veterinarian licensed to practice pursuant to the provisions of article ten, chapter thirty of this code;
(3) A health care facility; or
(4) A veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman or common carrier, or an agent of any of these persons, who possesses an iodine matrix in the regular course of lawful business activities.
(5) The transfer or receipt of any Betadine or povidone solution with an iodine content not exceeding 10% in containers of eight ounces or less, or any tincture of iodine not exceeding 2 percent in containers of one ounce or less that is sold over the counter and is employed solely for its intended common household use.
(g) (I) As used in this section, 'iodine matrix' means iodine at a concentration greater than 1.5 2.0 percent, by weight, in a matrix or solution."
There being no further amendments, the bill was then ordered to third reading.
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. 2206, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner,
Com. Sub. for H. B. 2575, Relating to commercial driver's licences,
H. B. 2712, Regarding whether a bank's application to establish a branch presents a significant supervisory concern or significant legal or policy issue,
Com. Sub. for H. B. 2718, Relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks,
Com. Sub. for H. B. 2741, Relating to worthless checks,
H. B. 2745, Increasing the fine for furnishing alcohol to persons under 21 years of age;
H. B. 2825, Eliminating the provision that allowed private clubs segregated on the basis of race or color to obtain a license to sell alcoholic beverages,
And,
H. B. 2956, Relating to civil actions filed in the courts of the state.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Mahan and Tansill.
At 2:26 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 15, 2007.