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Tuesday, January 14, 2003


     The House of Delegates met at 11:00 a.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 Monday, January 13, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 2120, Relating to workers' compensation generally,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2120 - "A Bill to amend and reenact chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article one-a; to amend and reenact sections four, five and nine, article two of said chapter; to amend and reenact section one, article three of said chapter; to further amend said article three by adding thereto a new section, designated section two-a; and to amend and reenact sections one-c, one-d and six, article four of said chapter, all relating to providing security for the workers' compensation fund generally; providing for the workers' compensation deficit reduction act; requiring commissioner to obtain written professional opinion of qualified actuary that certifies rates of premium taxes or other assessments applicable to employers; prohibiting rates other than those certified; authorizing workers' compensation division to require employers to make reports and payments of premium taxes or other assessments at intervals other than quarterly; providing for the elimination of second injury awards and the second injury reserve fund for certain claims; providing for security or bond provided by employers; requiring payment of employer's deficit amortization assessment by certain employers; authorizing certain employers to insure its catastrophic risk through private insurance carrier; removing obsolete language; providing for a security risk pool; requiring the employers authorized to self-insure their obligations to administer their own claims; providing for certain audits; promulgation of rules by the commissioner; providing periodic transfers to the workers compensation fund from the West Virginia tobacco settlement trust fund; removing requirement that division refund overpayments made by self-insured employers; authorizing the compensation programs performance council to approve future benefits from which overpayments may be recovered; reducing basis for computation of temporary total disability benefits for certain claims; increasing threshold measurement of medical impairment for eligibility for award of permanent total disability; applications for awards; and effective date of enactment of amendments,"
     With the recommendation that the committee substitute do pass.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2120) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefore,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2121 -- "A Bill to amend chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty four, relating to the regulation of all-terrain vehicles; requiring safety training courses; requiring persons under the age of eighteen to have a driver's license or safety training course; prohibition of operation on lined paved roads; exceptions to prohibition; requiring operators under the age of eighteen to wear a helmet; and exemption for operation on private lands,"
     With the recommendation that the committee substitute do pass.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2121) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2122, Relating to medical professional liability generally,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2122 -- "A Bill to amend and reenact section two, article eleven-a, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended by adding thereto a new article designated article thirteen-t; to amend chapter twenty-nine of said code, by adding thereto a new article, designated article twelve-c; to amend and reenact section fourteen, article three, chapter thirty of said code; to amend and reenact section twelve-a, article fourteen of said chapter thirty; to amend and reenact section four, article ten, chapter thirty-eight of said code; to amend and reenact sections one, two, three, six, seven, eight, nine, ten, and eleven, article seven-b, chapter fifty-five of said code; and to further amend said article by adding thereto five new sections, designated sections twelve through sixteen; all relating to medical professional liability generally; providing a personal income tax credit for physicians care providers based upon payment of medical malpractice liability; setting forth legislative findings and purpose; defining terms; creating tax credit and providing eligibility; establishing amount of credit; providing for forfeiture of excess credit; providing for the application of the credit; specifying effect of credit on computation of estimated taxes; providing for the computation and application of credit; authorizing tax commissioner to promulgate legislative rules; establishing burden of proof relating to claiming the credit; establishing effective date for credit; providing for termination of tax credit; establishing a special fund to compensate certain patients for uncollectible injury awards; creating board to propose funding mechanism; establishing term, authority and directives of the board; conditionally authorizing the board of risk and insurance management to promulgate legislative and emergency rules; directing the two thousand four legislature to implement funding proposal; establishing patient injury compensation fund; providing for distribution and eligibility for monies of the fund; requiring the board of medicine and the board of osteopathy to take certain disciplinary actions against physicians and surgeons in certain circumstances; increasing exemption available to certain physician and surgeon debtors in bankruptcy proceedings; providing additional legislative findings and purposes relating to medical professional liability; providing definitions; adding a element of proof in certain malpractice claims; altering notice requirements for malpractice claims; modifying the qualifications for experts who testify in medical professional liability actions; limiting liability for certain noneconomic loss; providing a reversion provision; providing for severability; eliminating joint, but not several liability among multiple defendants in medical professional liability actions; requiring consideration of certain third parties in malpractice cases; reduction in damage awards for certain collateral source payments to plaintiffs; providing mechanism for determining collateral source payments and damages distribution; requiring periodic payment of damages for certain medical malpractice awards; providing for calculation methodology for determining award payments; providing for limitations against health care providers for certain third party claims; limiting civil liability for trauma care; directing the office of emergency medical services to designate hospitals as trauma centers; placing limitations on eligibility for trauma care caps; authorizing the commissioner of the bureau for public health to designate certain hospitals as trauma centers; authorizing the secretary of the department of health and human resources to promulgate legislative and emergency rules; providing method for calculating certain contingent fee payments; and establishing effective date,"
     With the recommendation that the committee substitute do pass.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2122) was taken up for immediate consideration, read a first time and ordered to second reading.
Messages from the Executive

     Mr. Speaker, Mr. Kiss, presented the 2001-2002 annual report of the West Virginia Radiologic Technology Board of Examiners, in accordance with section twelve, article one, chapter thirty of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the 2001-2002 annual report of the West Virginia Board of Occupational Therapy, in accordance with section six, article twenty eight, chapter thirty of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the State Auditor's Consolidated Budget annual report of the Coal Severance Tax, Gas & Oil Severance Tax and General Funds for the County and Municipal Governments, in accordance with section twenty three, article one, chapter four and section six, article thirteen-a, chapter eleven of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the annual report of the Department of Health and Human Services on the Licensing of Nursing Homes in West Virginia, in accordance with section three-q, article five-c, chapter sixteen and section four, article five-e, chapter sixteen of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the annual report of the Insurance Commissioner of the State of West Virginia, in accordance with section fifteen, article two, chapter thirty-three of the code; which was filed in the Clerk's Office.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:  
     By Mr Speaker, Mr Kiss, and Delegate Trump
     [By Request of the Executive]:
     
H. B. 2175 - "A Bill to repeal articles one-b and one-c, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section three, article two, chapter thirty-one-a of said code; to amend and reenact sections one and two, article ten-d; and sections three and four, article sixteen, all of chapter five of said code; to amend and reenact sections one, two, and four, article one; sections one, twenty-eight and thirty-three, article two; section one, article three; section one, article four; and article seven, all of chapter five-a of said code; to further amend said article four of chapter five-a by adding thereto five new sections, designated sections six through ten; and to further amend said chapter five-a by adding thereto two new articles, designated articles ten and eleven; to amend chapter five-b of said code by adding thereto a new article, designated article one; to further amend said code by adding thereto a new chapter, designated chapter five-g; to amend and reenact sections two and three, article one, and sections one and two, article two, chapter five-f of said code; to amend and reenact sections five, six and seven, article six, and sections two, three, four, five and twelve, article twelve, all of chapter twenty-nine of said code; to amend and reenact section two, article one, and sections one, four and twelve, article two, all of chapter thirty-one-a of said code; to amend and reenact sections one, fifteen and sixteen, article two, and sections six and seven, article twenty-b, all of chapter thirty-three of said code; to amend and reenact sections one and two, article one, chapter forty-seven-a of said code, all relating to reorganizing the executive branch of government; restructuring the grouping of state agencies under departments headed by department secretaries; consolidating the department of administration and the department of tax and revenue into a new department of finance and administration; establishing five divisions of the new department of finance and administration and allocating the functions of current divisions, boards and offices to one of the five divisions; abolishing the position of chief technology officer in the office of the governor, the information services and communications division, and the science and technology council, and creating a new technology division and office of chief information officer; abolishing the insurance and retirement division of the department of administration and creating a new employee and insurance services division within the department of finance and administration; providing that the director of the employee and insurance services division shall have the power and duty to chair certain boards and consolidate or reorganize certain internal functions and operations, transfer funds, and supervise internal management; creating a new regulatory services division within the department of finance and administration; providing that the director of the regulatory services division shall have the power and duty to consolidate or reorganize certain internal functions and operations, transfer funds, and supervise internal management; transferring professional and occupation boards of examination and registration to the division of regulatory services; creating a new department of tourism, natural resources and parks and transferring certain agencies formerly within the bureau of commerce to the new division; providing that the commissioner of tourism, natural resources and parks shall have the power to consolidate or reorganize certain internal functions and operations, transfer funds, and supervise internal management of agencies within the division; reorganizing and consolidating certain functions of the insurance commissioner, the division of banking and the state board of risk and insurance management; redesignating the agency of insurance commissioner as the division of insurance; creating an executive officer for the supervision and control of banking and insurance functions; modifying the powers and duties of department secretaries; abolishing the bureau of commerce and transferring certain agencies formerly within the bureau to other departments and divisions; transferring public defender services and the prosecuting attorneys institute to the department of military affairs and public safety; modifying the internal structure and functions of certain transferred agencies and the composition of certain boards and commissions to conform with the purposes of said reorganization of the executive branch"; to the Committee on Government Organization then Finance.
     By Delegates Amores, R. M. Thompson and Frederick:
     
H. B. 2176 - "A Bill to amend and reenact sections two and three, article two-d, chapter five- b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the allowable training costs for employees of high technology companies payable under the West Virginia Guaranteed Work Force Program; and adding definitions"; to the Committee on Education then Finance.
By Delegates Caputo, Butcher, DeLong, Staton, Manchin, R. Thompson and Renner:

     
H. B. 2177 - "A Bill to amend and reenact section twenty-seven, article five, chapter sixty- one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the penalty for intimidation of public officers and employees and jurors and witnesses, and increasing the magnitude of the crime from a misdemeanor to a felony"; to the Committee on the Judiciary.
     By Delegates Fleischauer, Amores, Hrutkay, Warner and Susman:
     
H. B. 2178 - "A Bill to amend and reenact sections ten and eleven, article four, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto a new section, designated section ten-a; to amend article two, chapter forty-eight of said code by adding thereto a new section, designated section six hundred five; and to amend and reenact section one hundred three, article three of said chapter, all relating to marriages prohibited by law on account of either party having a wife or husband of a prior marriage; determining workers' compensation death benefits and dependents; providing that certain void marriages be deemed valid marriages for purposes of claiming workers' compensation death benefits; and providing that bigamous marriages are void ab initio without the necessity of a judicial determination"; to the Committee on the Judiciary.
     By Delegates Fleischauer, Caputo, Poling and Martin:
     
H. B. 2179 - "A Bill to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-b, relating to economic development generally; requiring accountability for economic assistance program; setting forth a short title; listing findings and setting forth purpose; defining certain terms; disclosure of state tax expenditures; disclosure of property tax reductions and abatements; standardized applications for on-budget development assistance; on-budget development assistance disclosure; and job creation and quality standards"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
     By Delegates Hall and Paxton:
     
H. B. 2180 - "A Bill to amend and reenact section three, article twenty-eight, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to standardized testing requirements for church schools or schools of a religious order; providing an exemption from standardized testing and alternate methods for testing the proficiency of students of church schools and schools of a religious order which meet certain requirements"; to the Committee on Education.
     By Delegates Kuhn, Perdue, Hrutkay, Caputo and Stemple:
     
H. B. 2181 - "A Bill to amend and reenact section seven, article ten, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring state institutions of higher education to permit spouses and children of probation officers and parole officers killed in the line of duty to attend classes without payment of tuition and fees"; to the Committee on Education then Finance.
By Delegates Kuhn, Perdue, Paxton, Hrutkay, Caputo and Butcher:

     
H. B. 2182 - "A Bill to amend and reenact section four, article three-a, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the office of explosives and blasting and specifying certain certification and refresher training requirements for blasters to be proposed in rules"; to the Committee on Industry and Labor, Economic Development and Small Business then Government Organization.
     By Delegates Leach, Perdue and Craig:
     
H. B. 2183 - "A Bill to amend and reenact section thirteen, article three, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to making the unauthorized practice of medicine and surgery or podiatry or as a physician assistant a felony rather than a misdemeanor"; to the Committee on Health and Human Resources then Government Organizations.
     By Delegates Leach, Yeager and Amores:
     
H. B. 2184 - "A Bill to amend and reenact section twelve, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring a vision test for renewal of a driver's license"; to the Committee on Roads and Transportation then Finance.
     By Delegates Leach, Craig, Morgan and Smirl:
     
H. B. 2185 - "A Bill to amend article thirteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven-a, relating to permitting municipalities to assess taxes and levy fees subject to local referendum"; to the Committee on Political Subdivisions then Finance.
     By Delegates Manchin and Stalnaker:
     
H. B. 2186 - "A Bill to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve, relating to the state board of education providing a West Virginia state flag to every public school in the state"; to the Committee on Education then Finance.
     By Delegates Mezzatesta and Williams:
     
H. B. 2187 - "A Bill to amend article one, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to higher education; student financial aid; limiting eligibility for state funded student financial aid; and exceptions"; to the Committee on Education.
     By Delegates Mezzatesta and Williams:
     
H. B. 2188 - "A Bill to amend and reenact section twelve, article three, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing the five thousand dollar per acre bonding limit relating to applications for mining permits"; to the Committee on the Judiciary then Finance.
     By Delegates Mezzatesta, Williams and Manuel:
     
H. B. 2189 - "A Bill to amend and reenact section twenty-nine, article six, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that when an insured individual is loaned or rented a vehicle from a person, firm or corporation engaged in the business of selling, repairing, leasing, renting or servicing motor vehicles, the individual's motor vehicle insurance is primary, and requiring that every loaner, demonstration or rental vehicle agreement includes the individual's acknowledgment that his or her coverage is primary"; to the Committee on Banking and Insurance then the Judiciary.
     By Delegates Michael and Warner:
     
H. B. 2190 - "A Bill to amend and reenact section two, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exceptions to motor vehicle registration and allowing certain exempted farm vehicles with valid inspection stickers to use the highways between sunset and sunrise for distances of twenty-five miles or less"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Michael, Warner, R. M. Thompson, Proudfoot and Leach:

     
H. B. 2191 - "A Bill to amend and reenact section four-c, article five, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to creating and maintaining an information systems disaster recovery center within the state; authorizing the disaster recovery board to create the center; requiring the chief technology officer and information services division of the department of administration to assist the board in developing specifications; and providing that the funding for the development and maintenance of the center shall be provided by the department of administration"; to the Committee on Government Organization then Finance.
     By Delegate Paxton:
     
H. B. 2192 - "A Bill to amend and reenact section eight-a, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing school service personnel employees by one pay grade after ten years of employment; and providing that employees in the top pay grade will receive an increase of thirty dollars per month after ten years of employment"; to the Committee on Education then Finance.
     By Delegate Perdue:
     
H. B. 2193 - "A Bill to amend article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten-a, relating to enforcing weight limits on coal conveyance vehicles; requiring coal companies to submit reports to the department of transportation describing loads and weights of trucks that are loaded at their facilities; and providing criminal penalties for violations of the section"; to the Committee on the Judiciary.
     By Delegates Perdue and R. Thompson:
     
H. B. 2194 - "A Bill to amend and reenact section eight, article twenty-nine, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring police agencies that hire employees that were trained and certified at the expense of other police agencies, to reimburse the police agencies that paid the training and certification costs; and, providing a schedule, based on periods of employment, used to determine what proportion of the certification and training costs that is required to be paid"; to the Committee on Political Subdivisions then the Judiciary.
     By Delegates Perdue, DeLong, Manuel, Swartzmiller and Paxton:
     
H. B. 2195 - "A Bill to amend and reenact section ten, article twenty-two-a, chapter twenty- nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to raising to not less than one and one-half percent the amount of racetrack video lottery net terminal income to be used for payment into the pension plan for employees of the licensed racing association"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Varner, Martin, Leach, Fleischauer and Walters:

     
H. B. 2196 - "A Bill to amend chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-two-b, relating to the establishment of levels of apprenticeship employment on public construction projects; setting forth legislative findings, purpose and definitions; defining coverage of the provisions of the article; providing that primary responsibility for compliance with the provisions of the article lay with prime contractors; providing exceptions to the required compliance with the article's provisions; providing for enforcement; requiring the division of labor to propose legislative rules; and, requiring the division of labor to make annual reports to the Legislature"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
     By Delegates Perry, Beach, Manuel, Romine and Poling:
     
H. B. 2197 - "A Bill to amend article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-six, relating to providing a criminal penalty for a member of a county board of education to willfully and knowingly attempt to exercise authority outside the statutory authority given to board members"; to the Committee on Education then the Judiciary.
     By Delegates Perry, Williams, Shaver, Beach and Mezzatesta:
     
H. B. 2198 - "A Bill to amend article one, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating to education; preventing certain absences from counting toward a school's daily average attendance; criteria for implementation; and expiration"; to the Committee on Education then Finance.
     By Delegate Poling:
     
H. B. 2199 - "A Bill to amend and reenact section twelve, article seventeen, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to county fire service fees; making equal between proponents and opponents the number of voter signatures necessary to file petitions relative to imposing fire service fees; and extending the period of time allowed for acquiring voter signatures on opposition petitions from forty-five to sixty days"; to the Committee on Political Subdivisions then Finance.
     By Delegate Schadler:
     
H. B. 2200 - "A Bill to amend and reenact section thirty, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to creating the felony offense of injury, defacing or destruction of property causing damage, destruction or diminution in value of twenty-five hundred dollars or more; and providing penalties"; to the Committee on the Judiciary.
     By Delegates Shaver and Williams:
     
H. B. 2201 - "A Bill to amend and reenact section three, article two-a, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to including property damage up to a value of five thousand dollars in the compensation awards to victims of crimes"; to the Committee on the Judiciary then Finance.
     By Delegate Smirl:
     
H. B. 2202 - "A Bill to amend and reenact section forty-nine, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to operation of a vehicle without a seat belt; removing language limiting the charge to only those events where the operator had been detained under a belief that some other traffic violation had occurred"; to the Committee on Roads and Transportation then the Judiciary.
     By Delegates Smirl, Michael, Morgan and Mahan:
     
H. B. 2203 - "A Bill to amend and reenact sections forty-three, forty-six, and forty-nine, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty- one, as amended, all relating to requiring all new and used automobiles to be equipped with safety seat belts for all seating locations; requiring passive restraints and properly adjusted seat belts for children, requiring that certain children ride in the rear seat; prohibiting children from riding in certain cargo areas; increasing certain penalties requiring the use of safety belts while operating a motor vehicle; making the offense of failure to wear a safety belt a primary offense; and specifying the standards for safety belt use"; to the Committee on the Judiciary.
     By Delegate Spencer:
     
H. B. 2204 - "A Bill to amend and reenact section four, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to banning the possession of tobacco products at schools of this state by minors and restricting the use of tobacco products by all persons at schools of the state; and requiring school principals to report to law- enforcement authorities information about violations of the section"; to the Committee on Education.
     By Delegates Spencer, Evans and Amores:
     
H. B. 2205 - "A Bill to amend and reenact section six, article sixteen-b, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring approval by statewide referendum before the public port authority may expend state funds or issue bonds exceeding one million dollars to develop a public port or wayport"; to the Committee on Finance.
     By Delegate Stalnaker:
     
H. B. 2206 - "A Bill to amend and reenact section fourteen-d, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing a misdemeanor penalty if a person fails to make a reasonable, good-faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation period"; to the Committee on the Judiciary.
     By Delegate Stalnaker:
     
H. B. 2207 - "A Bill to amend and reenact section nineteen, article twenty-nine-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that the health care authority may not set hospital rates for any hospital licensed to operate one hundred beds or less"; to the Committee on Health and Human Resources then Government Organization.
     By Delegate Stalnaker:
     
H. B. 2208 - "A Bill to amend and reenact section twelve, article seven, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting licensees to advertise outside the licensee's premises that beer may be purchased on the licensee's premises and the price of the beer"; to the Committee on the Judiciary.
     By Delegates Susman, Hatfield, Perdue, Leach and Campbell:
     
H. B. 2209 - "A Bill to amend and reenact section twenty-two, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring county boards of education to employ one school nurse for every one thousand pupils based upon net enrollment in all grades"; to the Committee on Education then Finance.
     By Delegate R. M. Thompson:
     
H. B. 2210 - "A Bill to amend and reenact section three, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to salary increments paid to principals and assistant principals; and providing salary reduction procedures"; to the Committee on Education then Finance.
     By Delegate R. M. Thompson:
     
H. B. 2211 - "A Bill to amend article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seventeen, relating to the larceny of equipment from a municipal or voluntary fire department; making the offense a felony regardless of the value of equipment; and providing criminal penalty"; to the Committee on Political Subdivisions then the Judiciary.
     By Delegates Tucker, Stemple, Swartzmiller and Kominar:
     
H. B. 2212 - "A Bill to amend and reenact section ten-b, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the criminal offense, for certain persons who commit battery on a person or persons who are acting in their official capacities, from a misdemeanor to a felony"; to the Committee on the Judiciary.
     By Delegate Walters:
     
H. B. 2213 - "A Bill to amend article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a, relating to pay incentives for teachers who teach in their core field degree"; to the Committee on Education then Finance.
     By Delegates Walters, Webb and Armstead:
     
H. B. 2214 - "A Bill to amend and reenact section ten, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to personal income tax and increasing the low income exclusion"; to the Committee on Finance.
     By Delegate Warner:
     
H. B. 2215 - "A Bill to amend article five, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seventeen-a, relating to allowing public employees twenty-five hours of paid leave per calender year to respond as a volunteer firefighter to emergencies"; to the Committee on Political Subdivisions then Finance.
     By Delegate Warner:
     
H. B. 2216 - "A Bill to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-i, relating to abortions; defining certain terms; requiring advised consent for induced abortions; providing that inducing an abortion without advised consent is malpractice; subjecting an offending physician to sanctions; making an offending physician's license for the practice of medicine and surgery or osteopathy subject to suspension or revocation; providing an exception for informed consent in medical emergencies; and providing for distribution of certain printed materials concerning the product of conception at the various gestational stages, alternatives to abortion, programs and services available to a woman who chooses not to terminate her pregnancy"; to the Committee on the Judiciary.
     By Delegate Warner:
     
H. B. 2217 - "A Bill to amend and reenact section eleven, article twenty-seven, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the health care provider tax imposed on gross receipts of providers of nursing facility services"; to the Committee on Health and Human Resources then Finance.
     By Delegate Webb:
     
H. B. 2218 - "A Bill to amend and reenact section one thousand one hundred one, article twenty-two-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty- one, as amended, relating to limiting the number of video lottery terminals"; to the Committee on the Judiciary then Finance.
     By Delegate Webb:
     
H. B. 2219 - "A Bill to amend and reenact section two, article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the penalty for driving under the influence causing death to life in prison"; to the Committee on the Judiciary.
     By Delegate Webb:
     
H. B. 2220 - "A Bill to amend and reenact section ten, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to personal income tax and increasing the low income exclusion"; to the Committee on Finance.
     By Delegates Webb and Amores:
     
H. B. 2221 - "A Bill to repeal sections eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four and twenty-five, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to murder in dueling; accessory before the fact in dueling; jurisdiction in the crime of dueling; dueling without death ensuing; challenging a duel; aiding, advising or promoting dueling; criminal penalty; dueling out of state by a resident; a plea of former jeopardy in a prosecution for dueling; the crime of taunting for nonparticipation in a duel and its criminal penalty; and, the warrant and recognizance in dueling cases"; to the Committee on the Judiciary.
     By Delegates Webster, Manuel, Staton and Pino:
     
H. B. 2222 - "A Bill to amend article two, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one hundred forty, relating to the use of checks or account debits for loans or cash advances made for personal, family or household purposes"; to the Committee on the Judiciary.
     By Delegate Yost:
     
H. B. 2223 - "A Bill to repeal sections ten, eleven, fourteen and seventeen, article four, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, three, six, twelve, nineteen and twenty through twenty-five of said article; and to further amend said chapter by adding thereto a new article, designated article forty- one, all relating to the creation of the West Virginia board of dental hygienists, transferring the licensing and oversight of dental hygienists from the board of dental examiners and regulating the practice of dental hygienists in this state; providing short title; requiring license; providing definitions; appointment of board of dental hygienists and term of office; powers and duties of the board and funds; rule-making authority; creating special revenue account; license requirements and fees; licensing dental hygienist from another state; scope and limitations of practice of dental hygienists; complaints, investigations, hearing and judicial review; unlawful acts, injunctions; criminal penalties; and sunset provision"; to the Committee on Government Organization.
     On motion for leave, a bill was introduced (Originating in the Committee on Education and reported by unanimous vote of the Committee, with the recommendation it do pass), which was read by its title, as follows:
     H. B. 2224 - "A Bill to amend article one-b, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to higher education reorganization; legislative funding; establishing a special revenue account in the state treasury; purpose of fund; use of funds retained by reorganization; use of funds deposited into special revenue account; legislative findings and intent; personal services and employee benefits reduction; institution conversion; detailed written notice to governor, Senate President and House Speaker; disposition of real property and assets; student transfers; reconciling program requirement conflicts; and student financial aid eligibility and continuation."
     On the written request of Delegate Mezzatesta, the foregoing bill (H. B. 2224) was withheld from the Consent Calendar.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2224) was taken up for immediate consideration, read a first time and ordered to second reading.
Consent Calendar

Third Reading

     Com. Sub. for H. B. 2001, Restricting public access to military discharge forms recorded in the county clerks office; 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. 3), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent And Not Voting: Coleman and Leach.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2001) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 2051, Expanding the eligibility of part-time students for higher education adult part-time student grants,
     Com. Sub. for H. B. 2077, Removing the requirement that the Joint Committee on Government and Finance be given reports on the Colin Anderson closure and relocation of patients,
     And,
     Com. Sub. for H. B. 2082, Relating to the higher education policy commission.
First Reading

     
Com. Sub. for H. B. 2052, Including nationally accredited institutions in the definition of "eligible institution" for purposes of the in-state excellence scholarship program; on first reading, coming up in regular order, was read a first time and ordered to a second reading.
Leaves of Absences

     At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Coleman and Leach.
     At 11:33 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Wednesday, January 15, 2003.