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Thursday, February 15, 2007

THIRTY-SEVENTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, February 14, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.
Committee Reports

Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
S. B. 413, Clarifying procedures for seizing abandoned, neglected or cruelly treated animals,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 413) was referred to the Committee on the Judiciary.
Vice Chairman Argento, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
S. B. 389, Defining blue catfish as game fish,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In absence of objection, the bill (S. B. 389) was then referred to the Committee on the Judiciary.
Chairman Kominar, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2940, Increasing the age of dependents for health insurance coverage,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2940) was referred to the Committee on Finance.
Chairman Kominar, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2895, West Virginia Professional Employer Organization Recognition and Registration Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2895) was referred to the Committee on the Judiciary.
Vice Chairman Argento, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2888, Increasing the criminal penalties for violation of certain hunting and fishing laws by nonresidents,

H. B. 2891, Clarifying language regarding restrictions on carrying a crossbow afield and in a vehicle,
H. B. 2908, Removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear,
And,
H. B. 2909, Assessing a fee for processing scientific collecting permits,
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. 2888, H. B. 2891, H. B. 2908 and H. B. 2909) were each referred to the Committee on the Judiciary.
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. 4, Rodney Morgan and Rodney "Ronnie" Staton Memorial Bridges,
And reports the same back with the recommendation that it be adopted.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2651, Health Care Authority, certificate of need rule,
And,
H. B. 2652, Health services offered by health professionals,
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. 2651 and H. B. 2652) were each referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2422, Providing cost-saving measures in connection with providing medical care in regional jails,
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. 2422) was referred to the Committee on Finance.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2881, Providing that antique motor vehicles may be used for occasional recreational driving,
H. B. 2714, Revising requirements for parking areas designated for use by persons with mobility impairments,
And,
H. B. 2930, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,
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. 2881, H. B. 2714 and H. B. 2930) were each referred to the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2481, Allowing a registrant to transfer the registration of a Class C vehicle to another Class C type vehicle titled in the name of the registrant,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2481) was referred to the Committee on Finance.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2503) was referred to the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2938, Including motor carrier inspectors and enforcement officers in the definition of law-enforcement officer,
And,
H. B. 2834, Requiring motorcycle operators and passengers under twenty-one years of age wear helmets,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2938 and H. B. 2834) were each referred to the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2500, Exempting from the sales and use tax special equipment installed in a motor vehicle for the use of a person with physical disabilities,
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. 2500) was referred to the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2811, Providing meeting and conference right for members of municipal police and fire departments,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2811) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2772, Ensuring the Public Employees Insurance Agency will continue and maintain medical and prescription drug coverage for medicare eligible retired employees,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2772) to the Committee on Finance was abrogated.
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. 2875, Providing a procedure in which to fill a vacancy on a county commission in the event the remaining commissioners cannot agree,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2875 - "A Bill to amend and reenact §3-10-7 of the Code of West Virginia, 1931, as amended, relating to amending the procedure by which a vacancy on a county commission is filled in the event the remaining commissioners cannot agree on a person to fill the vacancy,"
With the recommendation that the committee substitute do pass.
Chairman Tucker, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2710, Relating to the elimination of the licensure exemption for certain contractors of manufactured housing installation,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2710) was referred to the Committee on the Judiciary.
Chairman Tucker, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2945, Providing for tax credits for apprenticeship training in construction trades,
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. 2945) was referred to the Committee on Finance.
Chairman Iaquinta, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2739, Providing veterans' death certificates to families and funeral directors at no cost,
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. 2739) was referred to the Committee on Finance.
Chairman Swartzmiller, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2837, Enabling law-enforcement agencies to use their basic investigative tools to thwart terrorist plots,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2837) was 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. 2568, Extending the sunset provision regarding racial profiling analysis,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2568) was referred to the Committee on the Judiciary.
On motion for leave, a resolution was introduced (Originating in the Committee on Pensions and Retirement and reported with the recommendation that it be adopted, but that it first be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Spencer, Craig, Browning, Stemple, Stephens, Canterbury and Duke:
H. C. R. 35 - "Requesting the Joint Standing Committee on Pensions and Retirement study the effects of the contested merger between the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System."
Whereas, The Legislature recognizes that teachers and education service personnel in the State of West Virginia are integral to a strong public education system; and
Whereas, Providing a stable retirement system assists the state in the retention and recruitment of dedicated and hard-working teachers and education service personnel; and
Whereas, The uncertainty surrounding the contested merger does not serve the best interests of the state's teachers and education service personnel; and
Whereas, Identifying the extent and implications of the contested merger may alleviate some concerns for members in the Teachers' Defined Contribution Retirement System; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Standing Committee on Pensions and Retirement is hereby requested to study the effects of the contested merger between the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System; and, be it
Further Resolved, That the Joint Standing Committee on Pensions and Retirement report to the Joint Committee on Government and Finance at its first meeting after July 1, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
Chairman Fleischauer, from the Committee on Constitutional Revision, submitted the following report, which was received:
Your Committee on Constitutional Revision has had under consideration:
H. J. R. 14, he Active Duty Armed Services Motor Vehicle Property Tax Amendment,
And reports the same back with the recommendation that it be adopted, and with the recommendation that the second reference of the resolution to the Committee on the Judiciary be dispensed with, but that it first be referred to the Committee on Finance.
In the absence of objection, reference of the resolution (H. J. R. 14) to the Committee on the Judiciary was abrogated and the resolution was then committed to the Committee on Finance.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 9, 2007, he approved S. B. 218.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 542 - "A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding the West Virginia Higher Education Grant Program and the Workforce Development Initiative Program"; which was referred to the Committee on Education.
Resolutions Introduced

Delegates Doyle, Varner, Tabb, Wysong and Michael offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 34 - "Urging the West Virginia Congressional Delegation to support legislation calling for federal approval of extension of the Lewis and Clark National Historic Trail."
Whereas, The Lewis and Clark Journey began in the mind of President Thomas Jefferson; and
Whereas, The Lewis and Clark Expedition is about President Thomas Jefferson's dream, the planning and preparation required for an early 19th-century military expedition, and then finally about the journey itself; and
Whereas, The journey was led by Meriwether Lewis and William Clark, who were assisted by a variety of Americans, including the country's native peoples; and
Whereas, The Lewis and Clark Trail Heritage Foundation supports recognition of a continuous trail across the country on the National Park Service's official trail map and the right to post the official trail signs - Two Captains Pointing the Way - which are posted throughout the West; and
Whereas, Lewis undertook his first act as commander of the "Corps of Discovery" by requisitioning rifles manufactured at Harpers Ferry, West Virginia, from the federal armory in that town; and
Whereas, Patrick Gass of Wellsburg, West Virginia, at 21 years of age joined the army fighting the Indians and served at Bennett's Fort in Wheeling. He was the first sergeant of the Corps of Discovery and the member who outlived all others. Upon his return from the expedition, he published the journal he kept of the trip. The Gass edition of the Lewis and Clark Journals enjoyed several printings within the United States as well as translations into German and French, and printings in England; and
Whereas, The extension of the Lewis and Clark National Historic Trail from coast to coast would complete the story and expose a broader base of Americans to the educational and cultural aspects of the expedition; and
Whereas, The Lewis and Clark Trail Heritage Foundation partners with the National Park Service, the Bureau of Land Management and the Forest Service in caring for the Lewis and Clark National Historic Trail and also supports scholarships, educational efforts, and research on the expedition; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature hereby urges the West Virginia Congressional Delegation to support legislation calling for federal approval of extension of the Lewis and Clark National Historic Trail to the East to include additional sites, including Harpers Ferry, West Virginia, associated with the preparation or return phase of the expedition; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to each member of the West Virginia Congressional Delegation.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Kominar, Schadler, Ashley, Eldridge, Stalnaker, Stemple, Amores, Argento, Pethtel and Perdue:

H. B. 3075
- "A Bill to amend and reenact §16-9A-2 and §16-9A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §16-9A-10 and §16-9A-11, all relating to restricting minor children's physical access to tobacco products; restricting purchases by persons on behalf of minor children; prohibiting minor children's use of false identification; requiring posting of certain notices to discourage attempted purchases by minor children; and prohibiting out of package sales of cigarettes; and providing penalties"; to the Committee on the Judiciary.
By Delegates Hartman, Iaquinta, Crosier, Wells, Perry, Hamilton, Varner and Proudfoot:

H. B. 3076
- "A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to payment of tuition and fees for members of the National Guard attending institutions of higher education; and including pursuit of a master's degree"; to the Committee on Education then Finance.
By Delegates Boggs, Miley, Eldridge, Stephens, White, Barker, Carmichael, Kominar, Rowan, Sumner and Armstead:

H. B. 3077
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1, relating to prohibiting state funding of abortions"; to the Committee on the Health and Human Resources then the Judiciary.
By Delegates Iaquinta, Hrutkay, Stephens, Hartman and Crosier:
H. B. 3078
- "A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to wrecker services; and exempting wrecker services from regulation by the Public Service Commission"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Spencer:
H. B. 3079
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-6, relating to prohibiting the sale of a tobacco product in this state if the label does not contain a listing of the first ten main ingredients in the tobacco product"; to the Committee on the Judiciary.
By Delegates Perry, Pino and Stemple:
H. B. 3080
- "A Bill to amend and reenact §49-5E-5a of the Code of West Virginia, 1931, as amended, relating to clarifying that certain employees of the Division of Juvenile Services are not covered by the civil service system"; to the Committee on the Judiciary.
By Delegates Spencer, Palumbo, Amores, Wells and Guthrie:
H. B. 3081
- "A Bill to amend and reenact §21-10-4 of the Code of West Virginia, 1931, as amended, relating to inspections of amusement rides; and limiting the inspection charge for inspections at certain noncommercial inflatable amusement rides to twenty-five dollars"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Carmichael (By Request):
H. B. 3082
- "A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931, as amended, relating to tuition and fees at institutions of higher education generally; and providing for tuition and fee waiver for certain child survivors of domestic violence deaths"; to the Committee on Education then Finance.
By Delegate Carmichael (By Request):
H. B. 3083
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §57-5-2a, relating to allowing the prosecutor to display the photograph of a murder victim during the trial of an accused if requested to do so by the family of the murdered victim"; to the Committee on the Judiciary.
By Delegates Moore, Swartzmiller and Eldridge:
H. B. 3084
- "A Bill to amend and reenact §17-23-4 of the Code of West Virginia, 1931, as amended, relating to removing the exemption for salvage yards licensed before 1988 from the screening provisions of the section"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Yost, Reynolds, Klempa, Fragale and Hutchins:
H. B. 3085
- "A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to providing an enforcement mechanism for cities to collect serious delinquent municipal fees by providing that liens be placed on property"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Tansill, Andes, Marshall and Perdue:
H. B. 3086
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D- 17, all relating to requiring health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Tansill, Stemple, Crosier, Sobonya and Ellem:
H. B. 3087 - "A Bill to amend and reenact §60A-4-402 and §60A-4-403 of the Code of West Virginia, 1931, as amended, all relating to prohibitions and penalties regarding the use of controlled substances"; to the Committee on the Judiciary.
By Delegates Varner, Cann, Williams, Talbott, Pino and Stemple:
H. B. 3088
- "A Bill to amend and reenact §11-6C-1 of the Code of West Virginia, 1931, as amended, relating to the special method for appraising dealer vehicle inventory generally; and including inventories of vehicles held as rental cars in the special method for appraising dealer vehicle inventory"; to the Committee on the Judiciary.
By Delegates Morgan and Eldridge:
H. B. 3089
- "A Bill to repeal §5A-1-10 of the Code of West Virginia, 1931, as amended, relating to the creation of the Public Employee Leave Benefit Analysis Board"; to the Committee on Government Organization.
By Delegates Morgan, Kominar ad Eldridge:
H. B. 3090
- "A Bill to amend and reenact §19-12A-1a of the Code of West Virginia, 1931, as amended, relating to transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources"; to the Committee on Government Organization.
By Delegates Tansill, Iaquinta, Fragale, Cann and Miley:
H. B. 3091
- "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to providing an exemption from property taxation for property used by nonprofit corporations for providing electricity to residents of this state"; to the Committee on Finance.
By Delegates M. Poling, Hatfield, Frederick, Kessler, Fragale and Paxton:
H. B. 3092
- "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to the enforcement of accessible parking spaces for motorists with mobility impairments; requirements for designated spaces; and marking designated spaces as tow-away zones"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Perdue:
H. B. 3093
- "A Bill to amend and reenact §16-30-4 of the Code of West Virginia, 1931, as amended, relating to providing a form for a combined medical power of attorney and living will"; to the Committee on the Judiciary.
By Delegates Webster, Proudfoot, Staggers, Long, Burdiss, Kessler, Hrutkay, Shook, Moore, Pino and Hamilton:

H. B. 3094 - "
A Bill to amend and reenact §61-10-15 of the code of West Virginia, 1931, as amended, relating to prohibiting county and district officers, teachers and school officials from having a pecuniary interest in certain contracts"; to the Committee on the Judiciary.
By Delegate White:
H. B. 3095
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-11b, relating to providing tax credits for utility taxpayers with a net operating loss prior to the thirty-first day of December, two thousand six"; to the Committee on Finance.
By Delegate Kominar:
H. B. 3096 - "
A Bill to amend and reenact §23-1-1f of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2-9 of said code; to amend and reenact §23-2C-3, §23-2C-8, §23-2C-15, §23-2C-18 and §23-2C-19 of said code; to amend said code by adding thereto a new section, designated §23-2C-18a; and to amend and reenact §23-5-9 of said code, all relating to the transition to a private workers' compensation insurance system; permitting the Insurance Commissioner to hire additional exempt employees; exempting the Insurance Commissioner from purchasing rules in some circumstances; changing requirements for approval of self-insured status and for reports from self-insured employers; making various technical changes necessitated by the transition to a private workers' compensation insurance system; authorizing the Insurance Commissioner to reduce certain claims against employers to present value; reducing frequency of certain payments from self-insured employers; authorizing the Insurance Commissioner to assess self-insured employers for certain funds; making certain assessments against self-insured employers discretionary with the Insurance Commissioner; clarifying how disputes related to claims against the uninsured employers fund are resolved; enlarging time that employers must report certain changes in coverage to the Insurance Commissioner; authorizing the Insurance Commissioner to promulgate exempt legislative rules; revising ratemaking process; defining terms; providing for the designation of a single rating organization; deleting provisions regarding private carrier premium collection; and removing the requirement that the record of proceedings before the office of judges include certain documents"; to the Committee on the Judiciary.
Special Calendar

Unfinished Business

H. C. R. 10
, The Lloyd L. Lang Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 19, The "Matilda Messer Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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 ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 26, The Sheriff Fred Gaudet Bridge; coming up in regular order, as unfinished business, was reported by the Clerk.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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 ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. R. 17, Urging the United States Congress to pass the Employee Free Choice Act ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Delegates Evans, Ireland, Overington and Romine requested that the Journal record them as voting "Nay" on the adoption of the foregoing resolution.
Third Reading

S. B. 142, Providing penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix; 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. 65), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 142) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 142 - "A Bill to amend and reenact §60A-10-15 of the Code of West Virginia, 1931, as amended, relating to providing a penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix and/or iodine crystals; defining iodine matrix; and, establishing exemption for household uses not intended for manufacture of a controlled substance."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2575, Relating to commercial driver's licences; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2712, Regarding whether a bank's application to establish a branch presents a significant supervisory concern or significant legal or policy issue; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2718, Relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks; on second reading, coming up in regular order, was, at the request of Delegate DeLong, and by unanimous consent, placed at the foot of the calendar.
Com. Sub. for H. B. 2741, Relating to worthless checks; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2745, Increasing the fine for furnishing alcohol to persons under 21 years of age; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2956, Relating to civil actions filed in the courts of the state; on second reading, coming up in regular order, was read a second time and ordered to engrossment and 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. 2178, Providing criminal penalties for persons convicted of human trafficking and involuntary servitude offenses,
Com. Sub. for H. B. 2790, Authorizing magistrate courts to assess a fee for record searches,
Com. Sub. for H. B. 2840, Relating to transportation of wildlife outside of the state,
And,
Com. Sub. for H. B. 2972, Relating to electronic voting systems; requiring the ballot to be clearly marked or punched for a write-in position.
Recess of the House

At 11:59 a.m., on motion of Delegate DeLong, the House of Delegates recessed until 1:00 p.m., and reconvened at that time.
Com. Sub. for H. B. 2718, Relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks ; on second reading, having been postponed in earlier proceedings until this time, was read a second time.
At 1:20 p.m. the House of Delegates took up consideration of amendments heretofore filed with the Clerk.
Delegate Doyle moved to amend the bill on page forty-three, section seven, line eight, by striking out the word "shall" and inserting in lieu thereof the word "may".
On page forty-three, section seven, line nine, following the word "ballot", by inserting a period and striking out the remainder of the sentence.
On page forty-four, section seven, line twenty-seven, by striking out the word "shall" and inserting in lieu thereof the word "may".
And,
On page forty-four, section seven, beginning on line thirty, by changing the colon to a period and striking out the remainder of the paragraph.
The question being on the adoption of the amendment, the same was put and did not prevail.
Delegate Doyle moved to amend the bill on page one hundred one, section twenty-eight, line fifteen, by inserting a new subdivision to read as follows:
"(2) All tokens and chips used for wagering at that racetrack must have embedded in each an electronic microchip by which the use of that token or chip may be monitored at all times.";
And,
By renumbering the remaining subdivisions.
On the adoption of the amendment, the Speaker put the question and the same was rejected.
On motion of Delegate Doyle, the bill was amended on page twenty, section two, line nine, by inserting a new subdivision (1) to read as follows:
"(1) The Legislature finds that horse racing and dog racing and breeding play a critical role in the economy of this state, enhance the revenue collected at the racetracks, contribute vital revenues to the counties and municipalities in which the activities are conducted, provide for significant employment and protect and preserve greenspace and; that a substantial state interest exists in protecting these industries. Furthermore, it finds that the breeding and racing of thoroughbred horses is an integral part of West Virginia's agriculture, and that agriculture is a critical ingredient in West Virginia's economy. It further finds that the operation of table games pursuant to this article, at the four existing racetracks in this state that hold racetrack video lottery licenses and licenses to conduct horse or dog racing, will protect and preserve the horse racing and dog racing industries and horse and dog breeding industries, will protect and enhance the tourism industry in this state and indirectly benefit other segments of the economy of this state."
And,
By renumbering the remaining subdivisions.
Delegate Doyle moved to amend the bill on page fifty-nine, section ten, beginning on line forty-seven, by striking out the words "the minimum number of racing events required by the Racing Commission" and inserting in lieu thereof the following "two hundred twenty live racing days per year, each day having a minimum of ten races".
Delegate DeLong asked and obtained unanimous consent that further consideration of the foregoing amendment be postponed until the completion of the remaining amendments at the Clerk's Desk.
Delegate Doyle moved to amend the bill on page fifty-nine, section ten, following line fifty- two, by inserting a new subdivision to read as follow:
"(10) Employ a nationally active and nationally known security agency respected in the racing community to police all racing and pari-mutual wagering."
The question being on the adoption of the amendment, the Speaker put the same and it did not prevail.
Delegate Doyle then offered the following amendment:
On page nineteen, section ten-c, line twenty-one, following the word "shall" by inserting the word "only".
On page nineteen, section ten-c, line twenty-three, by striking out the words "approved by" and inserting in lieu thereof the words "with the approval of".
On page nineteen, section ten-c, line twenty-four, following the word "horsemen" by adding the following: "and any monies spent by the horseracing licensee on capital improvements and upgrading in the barn area or other areas at the track may not be allocated to these monies by the licensee without the approval of the horsemen's benevolent and protective association acting on behalf of the horsemen".
And,
On page nineteen, section ten-c, line twenty-eight, following the word "Commission", by changing the period to a colon and inserting the following: "Provided, That no monies required by this section to be spent only with the approval of the horsemen's benevolent and protective association may be so spent."
Delegate Perdue then asked and obtained unanimous consent that the foregoing amendment be placed at the foot of amendments remaining at the Clerk's Desk.
Delegate Doyle offered an amendment on page nineteen, section ten-c, line twenty-four, following the word "horsemen" by inserting the following: "Provided, That on the first day of July, two thousand and seven the monies shall be first used to install a poly track or similar synthetic racing surface at each horse racing licensee's facility."
The question being on the foregoing amendment having been put, the same did not prevail.
On motion of Delegate Doyle, the bill was amended on page thirty-two, section three, line one hundred fifty-four, following the word "terminals", by inserting the words "and holds a valid racing license granted by the West Virginia Racing Commission pursuant to the provisions of article twenty-three, chapter nineteen of this code".
On page forty-seven, section eight, line eighteen, following the word "chapter", by inserting the words "and a valid racing license granted by the West Virginia Racing Commission pursuant to the provisions of article twenty-three, chapter nineteen of this code".
On page forty-seven, section eight, line twenty-five, following the word "twenty-two-a", by inserting the words "and the license to conduct horse racing issued pursuant to article twenty-three, chapter nineteen of this code".
And,
On page fifty-three, section eight, line one hundred twenty-nine, by striking out the words "article twenty-two-a" and inserting in lieu thereof the words "articles twenty-two-a and twenty- three, chapter nineteen".
The Clerk next reported an amendment by Delegate Doyle, on page forty-seven, section eight, line twenty, following the word "Commission", by inserting the words "A racetrack applying for a table games license must present to the commission evidence of the existence of an agreement regarding allocation of stalls or kennels; the relationship between the licensee and representative of a majority of horse owners and breeders or dog owners and breeders licensed at the racetrack: Provided, That any dispute arising between the licensee and the representative of the majority of horse owners and breeders or dog owners and breeders licensed at the racetracks which cannot be mutually resolved by the parties shall be referred to the West Virginia Racing Commission for resolution which shall not be restricted in resolving any dispute by the provisions of article twenty- three, chapter nineteen of this code: Provided, however, That any person adversely affected by a decision of the Racing Commission pursuant to this section shall be entitled to a judicial review thereof in accordance with section seventeen, article twenty, chapter nineteen of this code."
Delegate Webster arose to a point of order as to the germaneness of the amendment, which point of order the Speaker ruled was not well taken.
The amendment offered by Delegate Doyle was then rejected.
Delegate Pino moved to amend the bill on pages twenty-one and twenty-two, lines thirty- three and thirty-four, following the word "games" by inserting a comma and striking out the words "and constitute intellectual property rights owned by the State of West Virginia" and the comma.
On page thirty-one, section three, line one hundred thirty-two, by changing the comma to a period and striking out the remainder of subdivision (23).
On pages forty-six and forty seven, section eight, lines thirteen and fourteen, following the word "games", by striking out the words "as assignee to the intellectual property rights of the state" and the comma.
And,
On page fifty-six, section nine, line six, following the word "rights" by striking out the words "in and to the Commission's intellectual property ownership of the West Virginia lottery games".
On the adoption of the amendment, Delegate Pino demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 66), and there were--yeas 37, nays 61, absent and not voting 1, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Campbell, Cann, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Kessler, Klempa, Lane, Miley, Miller, C, Miller, J, Moye, Overington, Palumbo, Pino, Rodighiero, Romine, Rowan, Schoen, Sobonya, Stephens, Sumner, Tansill, Walters and Williams.
Absent And Not Voting: Mahan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegates Palumbo, Iaquinta, Armstead, Craig, Cann, Frederick, Walters, Carmichael, Williams, Campbell, Canterbury and Lane moved to amend the bill on page one hundred thirteen, following section thirty-four, by adding a new section, designated section thirty-five, to read as follows:
"§29 22C-35. Constitutional Amendment Required.
Notwithstanding any provision of this article to the contrary, this article shall not become effective until an amendment to the West Virginia Constitution specifically allowing table games authorized under this article is ratified by a vote of the citizens of West Virginia."
On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 67), and there were--yeas 37, nays 61, absent and not voting 1, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Campbell, Cann, Canterbury, Carmichael, Cowles, Craig, Duke, Ellem, Evans, Frederick, Hartman, Iaquinta, Ireland, Lane, Miller, C, Miller, J, Moye, Overington, Palumbo, Pino, Porter, Romine, Rowan, Schoen, Sobonya, Stephens, Sumner, Tansill, Walters and Williams.
Absent and Not Voting: Mahan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Recess of the House

At 4:08 p.m., on motion of Delegate DeLong, the House of Delegates recessed for fifteen minutes and reconvened at the conclusion thereof.
The House then resumed consideration of amendments to Com. Sub. for H. B. 2718.
Delegate Carmichael moved to amend the bill on page fifty-one, section eight, line eighty- nine, by striking out the words "one million five hundred thousand" and inserting in lieu thereof the words "five million".
And,
On page fifty-one, section eight, line one hundred two, by striking out the words "two million five hundred thousand" and inserting in lieu thereof the words "five million".
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 68), and there were--yeas 33, nays 61, absent and not voting 5, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Ellem, Evans, Frederick, Hamilton, Hartman, Ireland, Lane, Michael, Miller, C, Miller, J, Moye, Overington, Pino, Porter, Reynolds, Romine, Rowan, Schoen, Sobonya, Stephens, Sumner, Tansill and Walters.
Absent And Not Voting: Amores, Duke, Eldridge, Mahan and Yost.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Lane moved to amend the bill on page forty-two, section seven, line five, following the word "code" by striking out the words "and the voters of that county" and inserting in lieu thereof the words "and every county any portion of which is within a fifty mile radius of the racetrack seeking a license under this article and a majority of the voters in the aggregate of those counties"
On page forty-three, section seven, line eight, by striking out the word "commission" and inserting in lieu thereof the word "commissions".
On page forty-three, section seven, line ten, by striking out the words "located within that county".
And,
On page forty-three, section seven, line thirteen, following the word "located" by inserting the words "and the county commissions of the counties within fifty miles radius of the racetrack seeking a license under this article".
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 68), and there were--yeas 33, nays 61, absent and not voting 5, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Ellem, Evans, Frederick, Hamilton, Hartman, Ireland, Lane, Michael, Miller, C, Miller, J, Moye, Overington, Pino, Porter, Reynolds, Romine, Rowan, Schoen, Sobonya, Stephens, Sumner, Tansill and Walters.
Absent And Not Voting: Amores, Duke, Eldridge, Mahan and Yost.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Lane then offered the following amendment:
On page fifty-two, section eight following line one hundred eight, by inserting a new subdivision, designated subdivision "(D)" to read as follows:
"(D) The licensee has had a minimum of five hundred employees more than the licensee employed on the date of the original granting of the racetrack table games license during each calendar week of the year in which the license is held: Provided, That in order for an employee to meet this requirement, the employee must be receiving compensation from the licensee at the rate of not less than thirty-five thousand dollars per annum."
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 70), and there were--yeas 30, nays 67, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Craig, Ellem, Evans, Frederick, Hamilton, Ireland, Lane, Miller, C, Miller, J, Moye, Overington, Porter, Rodighiero, Romine, Rowan, Schoen, Sobonya, Stephens, Sumner, Tansill and Walters.
Absent And Not Voting: Duke and Mahan
So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.
Delegates Lane, Armstead and Walters moved to amend the bill on page ninety-seven, section twenty-seven, line seventy-five, by striking out the word "five" and inserting in lieu thereof the word "four"
On page ninety-eight, section twenty-seven, following line ninety-one, by inserting a new subdivision, designated subdivision "(5)", to read as follows:
"(5) Transfer one percent to the governing bodies of municipalities within which racetracks with West Virginia Lottery table games are located. The portion of the one percent transferred under this subdivision that is allocated to the municipalities within which racetracks with West Virginia Lottery table games are located shall be based on relative adjusted gross receipts from West Virginia Lottery table games from those racetracks, and the total amount allocated to those municipalities shall be divided among each municipality based on its population determined at the most recent United States decennial census of population.
"
And,
Renumbering the remaining subdivisions accordingly.
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 71), and there were--yeas 28, nays 68, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Ellem, Evans, Hamilton, Ireland, Lane, Miller, C, Miller, J, Overington, Pino, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Stephens, Sumner and Walters.
Absent And Not Voting: Duke, Frederick and Mahan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate J. Miller offered the following amendment:
On page ninety-one, section twenty-six, line fifty-three, by striking out subsection (c) in its entirety and designating the remaining subsection accordingly.
On the adoption of the amendment, Delegate J. Miller demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 72), and there were--yeas 27, nays 69, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Ellem, Evans, Hamilton, Ireland, Kessler, Lane, Miller, C, Miller, J, Overington, Pino, Porter, Romine, Rowan, Schoen, Sobonya, Stephens, Sumner and Walters.
Absent And Not Voting: Duke, Frederick and Mahan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegates Anderson, Armstead, Canterbury, Hamilton, Blair, J. Miller and C. Miller moved to amend the bill on page eighty-nine, section twenty-six, line five, after the word "be", by striking out the word "thirty-five" and inserting in lieu thereof the word "forty-two".
And,
On page ninety-six, section twenty-seven, following line forty-seven, by inserting a new subdivision, designated as subdivision "(4)", to read as follows:
"(4) Notwithstanding any provision of this article to the contrary, seven percent of the adjusted gross receipts collected pursuant to section twenty-six of this article shall be distributed as follows:
(A) Three percent of the adjusted gross receipts collected pursuant to section twenty-six of this article shall be deposited into the Community Based Service Fund, created in this section;
(B) Three percent of the adjusted gross receipts collected pursuant to section twenty-six of this article shall be deposited into the County Regional Jail Inmate Expense Fund, which is hereby created in the state treasury, to be expended by the Regional Jail and Correctional Facility Authority and Division of Corrections, to offset the cost of maintaining inmates and reduce, on a pro-rata basis, the amount charged to counties for housing inmates; and
(C) One percent of the adjusted gross receipts collected pursuant to section twenty-six of this article shall be deposited into the State Debt Reduction Fund, created in subdivision (1), subsection (c) of this section; and"
And,
By renumbering the remaining subdivisions.
On the adoption of the amendment, Delegate Anderson demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 73), and there were--yeas 33, nays 63, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Craig, Ellem, Evans, Hamilton, Ireland, Kessler, Lane, Miller, C, Miller, J, Moye, Overington, Pino, Porter, Rodighiero, Romine, Rowan, Schoen, Sobonya, Stephens, Sumner, Tansill, Walters and Williams.
Absent And Not Voting: Duke, Frederick and Mahan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegates Anderson, Campbell, C. Miller, Palumbo and Ashley then offered the following amendment:
On page fifty, section eight, line one hundred eight, by inserting the following: "Provided, That the license fee increases automatically each year based on the rise in the Bureau of Labor Statistics' Consumer Price Index for Urban Wage Earners and Clerical Workers, from the third quarter of the prior year to the corresponding period of the current year."
On the adoption of the amendment, Delegate Anderson demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 74), and there were--yeas 39, nays 57, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Campbell, Canterbury, Carmichael, Cowles, Craig, Doyle, Ellem, Evans, Hamilton, Ireland, Kessler, Lane, Miley, Miller, C, Miller, J, Moye, Overington, Palumbo, Pino, Porter, Reynolds, Romine, Rowan, Schadler, Schoen, Sobonya, Stephens, Sumner, Tabb, Tansill, Walters and Williams.
Absent And Not Voting: Duke, Frederick and Mahan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegates Tabb and Wysong moved to amend the bill on page ninety-six, section twenty- seven, line fifty-five, by striking out the word "seventy-nine" and inserting in lieu thereof the word "seventy-four".
On the adoption of the amendment, Delegate Tabb demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 75), and there were--yeas 29, nays 66, absent and not voting 4, with the yeas and absent and not voting being as follows:
Yeas: Andes, Armstead, Ashley, Azinger, Blair, Border, Cowles, Doyle, Ellem, Evans, Hamilton, Hartman, Ireland, Lane, Michael, Miley, Miller, C, Miller, J, Overington, Pino, Porter, Romine, Rowan, Sobonya, Sumner, Tabb, Tansill, Williams and Wysong.
Absent And Not Voting: Duke, Frederick, Mahan and Schoen.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Ellem moved to amend the bill on page eighty-three, by striking out lines fourteen through seventeen and inserting in lieu thereof the following:
"Notwithstanding anything to the contrary contained elsewhere in this article, the commission may establish the following with respect to West Virginia Lottery table games:"
On the adoption of the amendment, Delegate Ellem demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 76), and there were--yeas 34, nays 62, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Brown, Canterbury, Carmichael, Cowles, Ellem, Evans, Hamilton, Hartman, Ireland, Kessler, Lane, Miley, Miller, C, Miller, J, Moye, Overington, Pino, Porter, Reynolds, Rowan, Schadler, Schoen, Sobonya, Stephens, Sumner, Tansill and Walters.
Absent And Not Voting: Duke, Frederick and Mahan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
On motion of Delegates Webster, White, Ellem and DeLong, the bill was amended on page eighty-two, section twenty-one, line four, following the words "and establish" by inserting the following:
"with the approval of the commission, with respect to West Virginia lottery table games" and a comma.
Delegates Armstead and Sobonya then offered the following amendment:
On page eighty-four, section twenty-three, line three, after the word "person" by inserting a period and striking the remainder of the section.
On the adoption of the amendment, Delegate Armstead demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 77), and there were--yeas 29, nays 67, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael, Cowles, Ellem, Evans, Hamilton, Ireland, Kessler, Lane, Miller, C, Miller, J, Moye, Overington, Pino, Porter, Reynolds, Romine, Rowan, Sobonya, Stephens, Sumner, Tansill, Tucker and Walters.
Absent And Not Voting: Duke, Frederick and Mahan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The Clerk then reported an amendment, heretofore passed over until this time, by Delegate Doyle, on page fifty-nine, section ten, beginning on line forty-seven, by striking out the words "the minimum number of racing events required by the Racing Commission" and inserting in lieu thereof the following "two hundred twenty live racing days per year, each day having a minimum of ten carded races".
The Speaker then put the question on the adoption of the amendment, and the same prevailed.
On motion of Delegate Doyle, the bill was then amended on page nineteen, section ten-c, line twenty-one, following the word "shall" by inserting the word "only".
On page nineteen, section ten-c, line twenty-three, by striking out the words "approved by" and inserting in lieu thereof the words "with the approval of".
On page nineteen, section ten-c, line twenty-four, following the word "horsemen" by adding the following: "and any monies spent by the horseracing licensee on capital improvements and upgrading in the barn area or other areas at the track may not be allocated to these monies by the licensee without the approval of the horsemen's benevolent and protective association acting on behalf of the horsemen".
And,
On page nineteen, section ten-c, line twenty-eight, following the word "Commission", by changing the period to a colon and inserting the following: "Provided, That all moneys required by this section shall be spent only with the approval of the horsemen's benevolent and protective association."
Having voted on the prevailing side, on motion of Delegate Webster, the House of Delegates reconsidered its action in earlier proceedings in rejecting an amendment offered by Delegate Doyle, which appeared on page forty-seven, section eight, line twenty, following the word "Commission", inserting the following "A racetrack applying for a table games license must present to the commission evidence of the existence of an agreement regarding allocation of stalls or kennels; the relationship between the licensee and representative of a majority of horse owners and breeders or dog owners and breeders licensed at the racetrack: Provided, That any dispute arising between the licensee and the representative of the majority of horse owners and breeders or dog owners and breeders licensed at the racetracks which cannot be mutually resolved by the parties shall be referred to the West Virginia Racing Commission for resolution which shall not be restricted in resolving any dispute by the provisions of article twenty-three, chapter nineteen of this code: Provided, however, That any person adversely affected by a decision of the Racing Commission pursuant to this section shall be entitled to a judicial review thereof in accordance with section seventeen, article twenty, chapter nineteen of this code."
The question now before the Hous being the adop of the forgoin amend, the same was put and prevailed.
Delegate Blair moved to amend the bill on page thirty-four, section four, line seven, following the word "equipment", by inserting the words "and providing that certain gaming equipment bear the inscription, 'Wild Wonderful'".
The question being on the adoption of the amendment, the same was put and did not prevail.
There being no further amendments, Com. Sub. for H. B. 2718 was then ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day was granted Delegate Mahan.
Delegate Tansill announced that he was absent on yesterday when the votes were taken on Roll Nos. 46 through 64, and that had he been present, he would have voted "Yea" thereon.
At 6:06 p.m., the House of Delegates adjourned until 10:00 a.m., Friday, February 16, 2007.