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Sunday, November 12, 2006



The House of Delegates met at 7:30 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Saturday, November 11, 2006, 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 bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Michael, Browning, Frederick, Houston, Kominar, Palumbo, Proudfoot, Stalnaker, Williams, Ashley and Border:

H. B. 212 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the Balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration - Consolidated Public Retirement Board, fund 0195, fiscal year 2007, organization 0205, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 212) was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 758), and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Frich, Sobonya, Stevens and Walters.
Absent and Not Voting: Doyle, Ferrell, Leach, Talbott and Ron Thompson.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 759), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Hall.
Absent and Not Voting: Doyle, Ferrell, Leach, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 212) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 760), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Doyle, Ferrell, Leach, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 212) 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.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 201, Reducing the Corporation Net Income Tax rate,
And,
H. B. 207, Increasing the rate of withholding for certain nonresidents of West Virginia,
And reports the same back with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 201 and H. B. 207) were each taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 202, Reducing the Business Franchise Tax rate,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 202 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to reducing the rate of the business franchise tax,"
H. B. 204, Increasing the amount of the senior citizens' and disabled persons' tax credit,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 204 -"A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to personal income taxes generally; increasing the amount of the senior citizens' and disabled persons' refundable personal income tax credit for certain ad valorem property taxes paid; and authorizing the tax commissioner to not provide a refund of the credit if the amount of the refund is less than ten dollars,"
H. B. 205, Providing a personal income tax credit based on income level and family size,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 205 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §11-21-22, §11-21-22a, §11-21-22b and §11-21-22c, all relating to personal income tax generally; enacting a low income family tax credit; defining terms; establishing dates upon which credit becomes available and amounts of credit; and providing for administration of credit,"
H. B. 210, Relating to an exemption from consumers sales and service tax,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 210 - "A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended, relating to providing an exemption from consumers sales and service tax for purchases by a contractor when the purchased materials will be used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure to be primarily used for manufacturing,"
And,
H. B. 211, Modifying the total amount of tourism development project tax credit available,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 211 - "A Bill to amend and reenact §5B-2E-11 of the Code of West Virginia, 1931, as amended, relating to extending period in which applications for tourism development project tax credits may be received and considered,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 202, Com. Sub. for H. B. 204, Com. Sub. for H. B. 205, Com. Sub. for H. B. 210 and Com. Sub. for H. B. 211) were each taken up for immediate consideration, read a first time and then ordered to second reading.
House Calendar

Unfinished Business

H. R. 201, Amending House Rule No. 82, relating to bypass of the Committee process;
coming up in regular order, as unfinished business, was, on motion of Delegate Staton, laid over one day.
Third Reading

The following bills, on third reading, coming up in regular order, with the right to amend, were, on motion of Delegate Staton, laid over one day:
Com. Sub. for H. B. 203, Terminating the tax credit for investment in West Virginia capital companies and venture capital companies after December 31, 2006,
Com. Sub. for H. B. 208, Abolishing the Corporation Net Income Tax adjustment for pre-1967 gains on the sale of property,
S. B. 2001, Increasing certain senior citizens' and disabled persons' tax credit for property taxes,
S. B. 2002, Eliminating corporation net income tax adjustment for pre-1967 gains on property sales,
S. B. 2003, Relating to consumers sales and service tax on food,
S. B. 2004, Reducing business franchise tax rate,
S. B. 2005, Reducing corporation net income tax rate,
S. B. 2006, Terminating certain tax credits for capital company and venture capital company investments,
S. B. 2007, Relating to tourism development project tax credits,
S. B. 2008, Increasing personal income withholding tax for certain nonresidents,
S. B. 2009, Imposing personal income withholding tax on property sales by nonresidents,
S. B. 2010, Providing low-income family tax credit,
And,
S. B. 2011, Providing tax exemption for certain purchases by contractors for direct-use manufacturing plants.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Leach, Talbott and Ron Thompson.
At 8:14 p.m., the House of Delegates adjourned until 6:00 p.m., Monday, November 13, 2006.