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Friday, March 2, 2007

FIFTY-SECOND 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 Thursday, March 1, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

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. 24, Everett Dillon Memorial Bridge,
H. C. R. 38, "The Staff Sergeant Robert F. White Bridge",
H. C. R. 48, Requesting the Joint Committee on Government and Finance to study sustainable funding methods to conserve land important to West Virginia's natural resources and economy,
H. C. R. 49, The "Steven Wayne Smith Memorial Bridge",
H. C. R. 60, Requesting the Committee on Government and Finance to conduct a study of the requirements and restrictions for a license to operate a motor vehicle by individuals with impaired vision,
S. C. R. 42, Requesting WV Legislature increase annual budget for vans for veterans' transportation,
S. C. R. 43, Requesting Congress erect national monument to motherhood, with emphasis on veterans' mothers,
S. C. R. 49, Urging Governor sponsor establishment and maintenance of state cemetery for veterans,
S. C. R. 50, Requesting WV congressional delegation sponsor national veterans' cemetery in southern WV,
And reports the same back with the recommendation that they each be adopted.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 38 and H. C. R. 48 were each taken up for immediate consideration, read 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.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 540, Providing tax credits for certain utility taxpayers,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 415, Authorizing magistrate courts assess fee for criminal records checks,
S. B. 539, Relating to Deputy Sheriff Retirement System,
And,
S. B. 569, Creating special fuels taxes for deposit in Special Railroad and Intermodal Enhancement Fund,
And reports the same back, with amendment, with the recommendation that they each do pass.
Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 28th day of February, 2007, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 2120), Prescribing minimum standards for municipal judges,
(H. B. 2285), Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax Act,
And,
(H. B. 2314), Updating the meaning of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 738, Requiring WV Parkways, Economic Development and Tourism Authority present proposed toll revision to Joint Committee on Government and Finance,
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 (Com. Sub. for S. B. 738) 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:
Com. Sub. for S. B. 361, Establishing work programs for qualified inmates,
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 (Com. Sub. for S. B. 361) 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:
Com. Sub. for S. B. 177, Creating Division of Energy,
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 (Com. Sub. for S. B. 177) 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:
Com. Sub. for S. B. 619, Relating to election day procedures and preparation,
And,
S. B. 754, Clarifying restrictions on certain political contributions from political committees,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 607, Providing elected political party executive committee members' term of office,
Com. Sub. for S. B. 610, Relating to electronic voting systems generally,
Com. Sub. for S. B. 617, Requiring voter history on statewide registration system,
And,
S. B. 618, Relating to filing requirements for write-in candidates,
And reports the same back with the recommendation that they each do pass.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 20, 2007, he approved S. B. 138, S. B. 139, S. B. 140, S. B. 141 and S. B. 217; and on February 23, 2007, he approved H. B. 2141; and on February 28, 2007, he approved S. B. 142, S. B. 205, S. B. 360, H. B. 2285 and Com. Sub. for H. B. 2314.
Resolutions Introduced

Delegates Kominar and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 61 - "Requesting the Division of Highways to name the bridge located in Mingo County, West Virginia, near the Belo Church that connects Route 65 to Corridor G, the 'Harvey E. Horn Memorial Bridge'."
Whereas, Harvey E. Horn was born on July 28, 1911, the son of Wallace and Arminda Horn; and
Whereas, Harvey E. Horn entered the United States Army and rose to the rank of Sergeant; and
Whereas, Sergeant Harvey E. Horn fought bravely and with heroism during one of the most intense battles of Foggia-Naples Italy Campaign of World War II; and
Whereas, On August 25, 1944, Sergeant Harvey E. Horn's platoon was being overrun by superior numbers of German troops; and
Whereas, Orders were issued to abandon the position and withdraw; and
Whereas, The withdrawal could not be undertaken without risking the loss of wounded soldiers; and
Whereas, In order to allow time for the platoon to recover and remove the wounded from the battle front, Sergeant Harvey E. Horn voluntarily remained behind and manned the machine gun and successfully delayed the enemy forces until the platoon was safely withdrawn; and
Whereas, During this action, Sergeant Harvey E. Horn received fatal wounds; and
Whereas, For his bravery and heroic service to this country, Sergeant Harvey E. Horn was posthumously honored and decorated; and
Whereas, Sergeant Harvey E. Horn's body was not recovered until five years after the battle that ended his life and leaving behind his wife, Ida Newsome Horn; and
Whereas, The ultimate sacrifice of this brave and courageous son of Mingo County, West Virginia, requires us to honor Sergeant Harvey E. Horn by ensuring that future generations are aware of his sacrifice in the cause of freedom; therefore, be it Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge located in Mingo County, West Virginia, that connects Route 65 to Corridor G, near the Belo Church, the "Harvey E. Horn, Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and placed on the bridge signs identifying the bridge as the "Harvey E. Horn Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of Sergeant Harvey E. Horn.
Delegates Burdiss, Azinger, Barker, Boggs, Brown, Browning, Caputo, Crosier, DeLong, Fleischauer, Fragale, Guthrie, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, Moore, Moye, Paxton, Perdue, Perry, Pino, D. Poling, Shook, Staggers, Swartzmiller, Tucker, Varner, Walters, Webster and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 62 - "Requesting the Joint Committee on Government and Finance study large land holdings, county by county, to determine the value taxation of deed holders of lands in excess of one thousand acres at an annual tax rate of five hundred dollars per acre will have in stabilizing the economy of this State in the twenty-first century economy."
Whereas, There has long existed a general perception that significant disparities unfairly exist in valuing our State's natural land resources at a fair and fixed rate from county to county; and
Whereas, A fundamental principle of public policy to be heeded, as we proceed to the future, to meet the challenges resulting from the negative impact of globalization on the State's economy, requires taxation of large land holdings be imposed equitably and uniformly - and to date - there is no clear measure upon which one can conclude that equity, equality and long-term financial planning relative to the benefit and improvement among counties and municipalities of this State can be achieved through landholding taxation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study large land holdings, county by county, to determine the value taxation of deed holders of lands in excess of one thousand acres at an annual tax rate of five hundred dollars per acre will have in stabilizing the economy of this State in the twenty-first century economy; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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.
Special Calendar

Third Reading

S. B. 206, Assessing court costs for participants in pretrial diversion programs; 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. 248), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Blair, Frederick and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 206) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 436, Selecting executive secretary for county commission on crime, delinquency and corrections; 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. 249), and there were--yeas 95, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Michael.
Absent And Not Voting: Blair, Frederick and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 436) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 531, Relating to filing service of process on corporations in class action suits; 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. 250), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Blair, Frederick and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 531) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 594, Making supplemental appropriation to various accounts; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 251), and there were--yeas 95, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Blair, Frederick and Swartzmiller.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 594) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 252), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Blair, Frederick and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 594) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 3009, Defining what a child advocacy center is and what services it shall provide in child abuse and neglect cases and child welfare cases; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid upon the table.
S. B. 626, Relating to child advocacy centers; 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. 253), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Blair, Frederick and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 626) passed.
On motion of Delegate DeLong, the title of the bill was amended to read as follows:
S. B. 626 - "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 for role of child advocacy center in multidiciplinary teams; and providing for the role of a child advocacy center in multidisciplinary treatment teams."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to third reading:
S. B. 104, Establishing date Consolidated Public Retirement Board shall make annuity payments,
Com. Sub. for S. B. 105, Imposing surcharge on certain fees due Deputy Sheriff Retirement Fund,
And,
Com. Sub. for S. B. 274, Authorizing Department of Transportation promulgate legislative rules.
Com. Sub. for S. B. 276, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules; 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 three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"
ARTICLE 6. AUTHORIZATION FOR THE DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.

§64-6-1. Division of Corrections.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section two, article thirteen, chapter sixty-two of this code relating to the Division of Corrections (parole supervision, 90 CSR 2) is authorized with the following amendments:
On page one, section two, by striking out "2.1.";
On pages one and two, section two, by redesignating subdivisions a. through r. as subdivisions 2.1. through 2.18;
On page two, subdivision 2.1.r., line four, after the word "jurisdictions," by striking out the word "you" and inserting in lieu thereof the words "the parolee";
On page two, section four, by striking out "4.1.";
And,
On pages two and three, section four, by redesignating subdivisions a. through e. as subdivisions 4.1. through 4.5.
§64-6-2. State Fire Commission.
(a) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand six, authorized under the authority of section five-b, article three, chapter twenty-nine of this code relating to the State Fire Commission (State Building Code, 87 CSR 4), is authorized.
(b) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand six, authorized under the authority of section five, article three, chapter twenty-nine of this code, modified by the State Fire Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the second day of November, two thousand six, relating to the State Fire Commission (certification and evaluation of local fire departments, 87 CSR 6) is authorized, with the following amendments:
On page four, by striking out subsection 5.2 in its entirety and by renumbering the remaining subsections accordingly; and
On page nine, subdivision 10.2.f., following the word "subsection" by striking out "3.3" and inserting in lieu thereof "3.2"; and
On page twelve, subsection 12.3, line eight, following the word "subdivision", by striking out "10.2.b" and inserting in lieu thereof "10.3.b".
§64-6-3. Homeland Security and Emergency Management.
The legislative rule filed in the State Register on the first day of May, two thousand six, authorized under the authority of section five, article five-b, chapter fifteen of this code, modified by the Division of Homeland Security and Emergency Management to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of January, two thousand seven, relating to the Division of Homeland Security and Emergency Management (mine and industrial accident rapid response system, 170 CSR 1) is authorized with the following amendments:
On page one, subsection 1.1, line one, by striking out the word "coordinating" and inserting in lieu thereof the words "to coordinate";
On page one, subsection 1.1, lines two through four, by striking out the word "governing" and inserting in lieu thereof the words "to govern";
On page two, subsection 2.2., line one, after the word "means", by inserting the words "Mine and Industrial Accident Emergency Operations Center, including";
On pages two and three, by striking out subsections 2.6., 2.7. and 2.8. in their entirety;
On page three, by striking out section three in its entirety and by renumbering the following sections accordingly;
On page three, subsection 4.1., line three, by capitalizing the word "director";
On page three, subsection 4.2., line two, by striking out the word "Such", by capitalizing the word "recording" and by inserting a comma after the word "automatic";
On page three, subsection 4.2., lines three and four, by striking out the words "to include" and inserting in lieu thereof the word "including" and by striking out the words "appropriate, approved and authorized";
On page three, subsection 4.2., line four, after the words "representative of" by inserting the word "a", by striking out the words "regulatory, enforcement, or investigative agencies" and inserting in lieu thereof the words "government agency responsible for enforcing rules and regulations and investigating violations relating to mining and industrial safety";
On page three, subsection 4.2., line five, by striking out the words "Such requests" and inserting in lieu thereof the words "The request", by striking out the words "the nature of the need for such" and inserting in lieu thereof the words "why the" and, after the word "information", by inserting the words "is needed";
On page three, subsection 5.1., line one, by striking out the words "shall be" and inserting in lieu thereof the word "is";
On page three, subsection 5.1., line two, by striking out the word "purposes" and inserting in lieu thereof the word "purpose" and after "§29B-1" by inserting "-1";
On page four, by striking out subsection 5.2. in its entirety and by renumbering the remaining subsections accordingly;
On page four, subsection 5.3., by striking out the word "should" and inserting in lieu thereof the word "must";
On page four, subsection 5.4., after "W. Va. Code §29B-1" by inserting "-1" and, after the words "et seq." by striking out the remainder of the subsection;
On page four, subsection 6.1., after the word "considered", by striking out the word "a" and, after the word "requests" by inserting the words "in writing";
And,
On page four, by striking out subsection 6.2. in its entirety and renumbering the remaining subsection accordingly.
§64-6-4. Regional Jail and Correctional Facility Authority.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section ten, article twenty, chapter thirty-one of this code, modified by the Regional Jail and Correctional Facility Authority to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand seven, relating to the Regional Jail and Correctional Facility Authority (criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails operated by the Authority, 94 CSR 7) is authorized with the following amendments:
On page one, subsection 2.1., line one, by striking out "establishes" and inserting in lieu thereof "shall establish";
On page one, subsection 2.1., line three, after the word "including", by inserting a comma;
On page one, subsection 2.1, line six, after the period by inserting the following:
"Provided, that an operational reserve fund may not exceed the amount of three months of anticipated operational expenditures."
On page one, section three, by striking out "3.1.";
On page one, section three, line two, after the word "entity" by inserting the words "who has or may have" and, after the word "inmate", by striking out the words "may be";
On page one, subsection 4.1., after the word "Authority", by striking out the word "prepares" and inserting in lieu thereof the words "shall prepare", after the word "statement" by changing the period to a comma and striking out the words "This statement" and inserting in lieu thereof the word "which", and, after the word "at", by inserting the word "a";
And,
On page one, subsection 4.1, line three, after the word "charges", by inserting the words "per entity"."
§64-6-5. State Police.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article two-b, chapter fifteen of this code, modified by the State Police to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of October, two thousand six, relating to the State Police (West Virginia DNA Data Bank, 81 CSR 9) is authorized."
The bill was then read a second time and ordered to third reading.
Com. Sub. for S. B. 314, Authorizing Department of Education and the Arts promulgate legislative rules; 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 4. AUTHORIZATION FOR DEPARTMENT OF EDUCATION AND THE ARTS TO PROMULGATE LEGISLATIVE RULES.

§64-4-1. Library Commission.
The legislative rule filed in the State Register on the twenty-third day of May, two thousand six, authorized under the authority of section twenty, article one, chapter ten of this code, modified by the Library Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of January, two thousand seven, relating to the Library Commission (Library Commission administrative rule, 173 CSR 1) is authorized with the following amendment:
On page 4, by striking the section heading and inserting the following, "º173-1-3 Requirements for Receiving Grants."; and
On page 4, following the section heading for section 173-1-3 by inserting a new subsection designated as 3.1, to read as follows: "3.1 A public library must fulfill all of the requirements set forth in this section to be eligible to receive a grant from the library commission." and renumbering the remaining subsections accordingly;
And,
On page 7, subsection 5.2, by striking the subsection in its entirety and inserting in lieu thereof the following:
5.2 The eligibility requirements contained in section 3 of this rule may be waived if the Commission determines that due to exceptional or uncontrollable circumstances, one or more of the requirements for receiving grants contained in section 3 would impose an undue hardship on a public library. For the purposes of this subsection, exceptional or uncontrollable circumstances may include, but are not limited to, a natural or man-made disaster or a governing authority's lack of financial resources to provide adequate local funding to support a public library's operations.
On page 8, subsection 5.2, by striking the last sentence of the subsection;
And,
On page 8 following subsection 5.4, by inserting a new subsection designated as 5.5 to read as follows: "5.5 The provisions of this rule shall be liberally construed to accomplish its objectives and purposes."
On page 8, subsection 6.2, by striking the word, "may" and inserting the word, "shall" and by striking the word, "only";
And,
On page 13, subsection 9.1, after the word, "library" by inserting the word, "shall".
§64-4-2. Division of Rehabilitation Services.

(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section three, article ten-a, chapter eighteen of this code relating to authorizing the Division of Rehabilitation Services (case services, 130 CSR 1) is authorized.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section three, article ten-a, chapter eighteen of this code relating to the Division of Rehabilitation Services (resources manual, 130 CSR 2) is authorized."
The bill was then read a second time and ordered to third reading.
S. B. 335, Providing funding for WV Affordable Housing Trust Fund; on second reading, coming up in regular order, was read a second time.
Delegate Sumner moved to amend the bill on page two, section four (c), line one, following the word "is", by striking out the word "imposed" and inserting in lieu thereof the word "created".
On page two, section four (c), line three, following the word "a", by striking out the word "fee" and inserting in lieu thereof the words "voluntary donation".
On page three, section four (c), line twelve, following the word "this", by striking out the words "additional fee" and inserting in lieu thereof the words "voluntary donation".
On page four, section two, line fourteen, following the word "there", by striking out the words "is assessed a fee" and inserting in lieu thereof the words "may be assessed a voluntary donation".
On page four, section two, line sixteen, following the word "commission", by striking out the word "shall" and inserting in lieu thereof the word "may".
On page four, section two, line seventeen, following the word "dollar", by striking out the word "fee" and inserting in lieu thereof the words "voluntary donation".
On page four, section two, line nineteen, following the word "additional", by striking out the word "fees" and inserting in lieu thereof the words "voluntary donations".
And,
On page five, section two, line twenty-two, following the word "additional", by striking out the word "fee" and inserting in lieu thereof the words "voluntary donation".
Delegate Lane was delivering remarks regarding the amendment when Delegate Doyle arose to a point of order, inquiring of the Chair if Delegate Lane was addressing the amendment or the provisions of the bill.
To the point of order the speaker replied, and Delegate Lane was again recognized to continue with his observations concerning the amendment.
On the adoption of the amendment, Delegate Sumner demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 254), and there were--yeas 32, nays 62, absent and not voting 5, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Border, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Kessler, Lane, C. Miller, J. Miller, Moye, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shook, Sobonya, Staggers, Stephens, Sumner, Tabb, Tansill, Walters and Wysong.
Absent And Not Voting: Argento, Beach, Blair, Frederick and Swartzmiller.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
There being no further amendments, the bill was then ordered to third reading.
S. B. 484, Finding and declaring certain claims against state; on second reading, coming up in regular order, was read a second time and 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 S. B. 18, Requiring third party reimbursement for kidney disease screening,
Com. Sub. for S. B. 66, Relating to WV Community Corrections Fund,
Com. Sub. for S. B. 70, Providing penalties for employing unauthorized workers,
S. B. 134, Requiring employers provide contribution information to State Teachers Retirement System,
S. B. 149, Repealing code section relating to Child Assessment or In-State Placement Fund,
S. B. 180, Offering tax-free distributions from certain retirement plans to pay certain premiums for public safety officers,
Com. Sub. for S. B. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members,
Com. Sub. for S. B. 182, Requiring Division of Banking employ same frequency of examination schedules as certain federal regulators,
S. B. 183, Providing Board of Banking and Financial Institutions authority to approve acquisitions of out-of-state banks,
S. B. 208, Providing Supreme Court and Consolidated Public Retirement Board notice when judge retires,
S. B. 387, Guaranteeing certain veterans bronze military grave markers,
S. B. 389, Defining blue catfish as game fish,
S. B. 398, Authorizing Division of Motor Vehicles to suspend or refuse to register certain interstate commerce motor carriers,
Com. Sub. for S. B. 411, Creating Correctional Center Nursery Act,
S. B. 413, Clarifying procedures for seizing abandoned, neglected or cruelly treated animals,
Com. Sub. for S. B. 414, Establishing flat fee for certain services by circuit clerks,
S. B. 416, Creating misdemeanor offenses for attempting to defeat drug or alcohol screening test,
Com. Sub. for S. B. 428, Establishing consumer identity theft protections,
S. B. 431, Regulating agricultural liming materials,
S. B. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight Commission on Work Force Investment for Economic Development,
Com. Sub. for S. B. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations,
S. B. 530, Authorizing voter not affiliated with any political party to vote in primary,
S. B. 596, Requiring municipal elections' personnel participate in training,
Com. Sub. for S. B. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative,
S. B. 757, Extending time for Smithers city council to meet as levying body,
And,
Com. Sub. for 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.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Blair, Frederick and Swartzmiller.
At 12:12 p.m., the House of Delegates adjourned until 5:00 p.m., Sunday, March 4, 2007.