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Monday, February 17, 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 Friday, February 14, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
     Com. Sub. for H. B. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor.
     The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
     Senators Ross, Caldwell and Facemyer.
     On motion of Delegate Staton, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
     Whereupon,
     The Speaker appointed as conferees on the part of the House of Delegates the following:
     Delegates Beane, Kuhn and Leggett.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Resolutions Introduced

     Mr. Speaker, Mr. Kiss, and Delegates Yeager, Amores, Anderson, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White, Williams, Wright and Yost offered the following resolution, which was read by its title, as follows:
     H. C. R. 43 - "Expressing the best wishes along with a desire for a speedy recovery to the Honorable Cecil Underwood, the past Governor of this State."
     Whereas, The Honorable Cecil Underwood, who twice served with distinction and honor as Governor of this State, was recently hospitalized after receiving heart surgery; and
     Whereas, The Honorable Cecil Underwood, who has the unique distinction of being the youngest man as well as most senior person to serve as Governor of this State, has served this State's interests well, not only as Governor, but also as a civic-minded individual, public official and statesman for many years; and
     Whereas, The Legislature, in appreciation for ex-Governor Underwood's continued and invaluable service to this State, and his wise and able stewardship as Governor, wish to express the sincere and genuine expression of best wishes and speedy recovery during his current recovery and convalescence; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That best wishes and a desire for a speedy recovery are hereby expressed by the members to the Honorable Cecil Underwood, a civic-minded man, honorable public official, gentleman and statesman; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this Resolution to the Honorable Cecil Underwood.
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 43) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Amores, Craig, Border, Michael, Mezzatesta and Kominar:

     
H. B. 3033 - "A Bill to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-a, relating to damages for acts causing physical injury and prohibiting medical monitoring relief absent manifest, present injury or disease"; to the Committee on the Judiciary.
     By Delegates Campbell, Staton, Amores and Doyle:
     
H. B. 3034 - "A Bill to amend and reenact sections two and eight, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to exempting internet technology from the consumer sales and service tax"; to the Committee on Finance.
     By Delegates Canterbury, Trump, Frich and Schoen:
     
H. B. 3035 - "A Bill to amend and reenact section six, article seven, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to excluding PROMISE scholarship applicants if they receive ten thousand dollars or more from family contributions as determined by the applicants' federal financial aid application"; to the Committee on Education then Finance.
     By Delegates Ellem, Manchin and Howard:
     
H. B. 3036 - "A Bill to amend and reenact section nine, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing the time for periodic valuations and assessments of real and personal property; and providing for a ten percent cap on any increase in one year"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Craig, Campbell, Beach, Fragale and Palumbo:

     
H. B. 3037 - "A Bill to amend article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-a, relating to paid municipal fire departments; providing that a paid municipal fire department with an apprentice program for firefighters must terminate an apprentice after three unsuccessful attempts to pass the final apprenticeship examination; and setting forth effective date"; to the Committee on Political Subdivisions then the Judiciary.
     By Delegate Howard:
     
H. B. 3038 - "A Bill to amend article forty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to requiring all abortions performed during the second or third trimester to be performed in a hospital; and providing criminal penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegates Kuhn and Beane:
     
H. B. 3039 - "A Bill to amend and reenact section nineteen, article five, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing the continuance of summary certificate of need reviews for proposed behavioral health services necessary to maintain federal approval of the Medicaid mentally retarded/developmentally disabled (MR/DD) waiver program"; to the Committee on Health and Human Resources then Government Organization.
     By Delegate Louisos:
     
H. B. 3040 - "A Bill to amend article forty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to providing a woman who obtains an abortion has a cause of action against any physician who, in performing an abortion, causes injury to the woman or to her unborn child; providing that damages may not be limited in spite of the execution of a consent form; and, providing that the cause of action is not subject to a statute of limitations"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegate Walters:
     
H. B. 3041 - "A Bill to amend article forty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to prohibiting the department of health and human resources from being involved in aiding or assisting any person to obtain an abortion to a greater extent than is required by law and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegate Walters:
     
H. B. 3042 - "A Bill to amend and reenact section two, article two-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting family planning centers in West Virginia that receive state funding from discussing abortion or abortion referrals"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegates Warner and Renner:
     
H. B. 3043 - "A Bill to amend and reenact section thirteen, article two-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the limit allowed for equipment repairs by the division of highways without seeking bids"; to the Committee on Government Organization then Finance.
Consent Calendar

Third Reading

     The following bills on third reading, coming up in regular order, were, on motion of Delegate Staton, each laid over one day:
     Com. Sub. for H. B. 2433, Relating to vocational-technical facility and equipment improvements through the school building authority,
     Com. Sub. for H. B. 2443, Relating to the assessment of banking institutions,
     Com. Sub. for H. B. 2678, Changing ballot publishing dates before primary and general elections,
     H. B. 2870, Specifying the jurisdiction of the PSC over, and the application of public utility laws to, certain described electric generating facilities,
     And,
     H. B. 2953, Establishing a mechanism to eliminate any actuarially projected unfunded liability in the Prepaid Tuition Trust Fund.
Second Reading

     The following bills on second reading, coming up in regular order, were, on motion of Delegate Staton, each laid over one day:
     S. B. 281, Continuing department of environmental protection,
     Com. Sub. for H. B. 2511, Authorizing the issuance of a special motor vehicle license plate for Nemesis Shrine members,
     H. B. 2668, Credentialing of health care practitioners,
     H. B. 2729, Clarifying the members of professional licensing boards may be compensated only for days which they attend official meetings and not for travel days,
     And,
     H. B. 3011, Relating to authority of the state fire commission to promulgate legislative and emergency rules.
First Reading

     The following bills on first reading, coming up in regular order, were, on motion of Delegate Staton, each laid over one day:
     H. B. 2441, Increasing the minimum subscribed capital stock and capital surplus for new bank charter applications,
     Com. Sub. for H. B. 2477, Permitting residents of nursing homes and similar facilities to retain the homestead exemption and Class II property designation,
     H. B. 2514, Authorizing the board of banking and financial institutions to prohibit individuals removed from one financial institution from participating in the affairs of other financial institutions,
     Com. Sub. for H. B. 2529, Relating to the licensure and regulation of psychophysiological detection of deception examiners,
     H. B. 2534, Eliminating the property value limit on the application of the tax,
    Com. Sub. for H. B. 2556, Requiring the insurance commissioner to issue an annual communication to increase awareness of certain flood insurance issues,
     Com. Sub. for H. B. 2702, Eliminating the examination assessment fee on risk retention groups,
     H. B. 2771, Repealing exemptions from gasoline and special fuels excise tax for bulk sales to interstate motor carriers,
     H. B. 2793, Relating to the West Virginia real estate commission and limiting certain reciprocity provisions,
     Com. Sub. for H. B. 2799, Relating to the West Virginia state police and the re-employment of recently retired troopers,
     Com. Sub. for H. B. 2814, Increasing the misdemeanor penalties for failure to yield the right-of-way,
     H. B. 2846, Adding professional surveyors to the list of professionals who may organize professional limited liability companies,
     Com. Sub. for H. B. 2865, Upgrading the criminal offense of damaging or destroying real or personal property owned by a railroad company or public utility,
     Com. Sub. for H. B. 2881, Striking the provision requiring that post mining water discharges have to be better to or equal to pre-mining water discharge,
     H. B. 2882, Limiting requirements for stays for appeals under the surface coal mining and reclamation act for unjust hardship,
     H. B. 2920, Increasing certain benefits to dependents of a state trooper killed in the line of duty,
     H. B. 2975, Providing a window for persons who were members of PERS and who left state employment withdrawing their PERS moneys to buy back their time with interest,
     H. B. 2983, Relating to the teachers' retirement system,
     H. B. 2984, Increasing the amount of service credit a teacher off work due to a compensable injury may purchase,
     And,
     H. B. 3031, Relating to participation in public school courses and activities by child receiving home instruction.
Special Calendar

Unfinished Business

     
S. C. R. 7, Requesting Division of Highways name bridge on Route 80 at Verner "William Chapman Browning Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Third Reading

     The following bills on third reading, coming up in regular order, were, on motion of Delegate Staton, each laid over one day:
     Com. Sub. for H. B. 2203, Relating generally to the requirement of wearing seat belts in automobiles
     H. B. 2748, Preventing mail order or internet sales of tobacco products to persons under eighteen years of age,
     And,
     H. B. 2970, Increasing the ratios of professional and service personnel to students in net enrollment.
First Reading

     
Com. Sub. for H. B. 2749, Amending the West Virginia board of physical therapist rule relating to English proficiency requirements; on first reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
     At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Seventh Order of Business for the purpose of introducing and considering a resolution.
Resolutions Introduced

     Mr. Speaker, Mr. Kiss, offered the following resolution, which was read by its title, as follows:
     H. C. R. 44 - "Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2122, relating to medical professional liability generally."
Resolved by the Legislature of West Virginia:
     That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the Committee of Conference is hereby extended for a period of three days for the express purpose of consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2122.
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 44) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, the yeas and nays were taken (Roll No. 52), and there were--yeas 65, nays none, absent and not voting 35, with the absent and not voting being as follows:
     Absent And Not Voting: Anderson, Azinger, Beane, Border, Brown, Butcher, Campbell, Cann, Caputo, Carmichael, Coleman, Ellem, Ennis, Evans, Faircloth, Fragale, Hall, Houston, Leach, Manchin, Michael, Morgan, Pethtel, Poling, Renner, Schadler, Shelton, Spencer, Stalnaker, Stemple, R. M. Thompson, Tucker, Wakim, Yeager and Yost.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 44) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absences

     At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Anderson, Azinger, Beane, Border, Brown, Butcher, Campbell, Cann, Caputo, Carmichael, Coleman, Ellem, Ennis, Evans, Faircloth, Fragale, Hall, Houston, Leach, Manchin, Michael, Morgan, Pethtel, Poling, Renner, Schadler, Shelton, Spencer, Stalnaker, Stemple, R. M. Thompson, Tucker, Wakim, Yeager and Yost.
     At 1:15 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, February 18, 2003.