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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.