________*__________
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rescinded and nullified; and, be it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.