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Friday, January 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 Thursday, January 16, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2323, Establishing a division of school personnel within the state department of
education by July 1, 2003,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2323) will be placed on the Consent
Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Division of Juvenile
Services, in accordance with section thirteen-e, article five, chapter forty-nine of the code; which was
filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Real Estate
Commission, 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 Division of Forestry's annual report of the Managed
Timberland Program, in accordance with section eleven, article one-c, chapter eleven of the code;
which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Pharmacy,
in accordance with section eight, article five, chapter thirty of the code; which was filed in the
Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Barbers
and Cosmetologists, in accordance with the provisions of the code; which was filed in the Clerk's
Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Joint Committee on Government
Operations, in accordance with section twelve, article ten, chapter four of the code; which was filed
in the Clerk's Office.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Manchin and Caputo:
H. J. R. 4 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article X thereof, relating to homestead exemption increase; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Petitions
Delegates Frich, Beach, Houston and Fleischauer presented a petition, signed by one
thousand residents of northern West Virginia, requesting the West Virginia Legislature to take swift
and decisive action to reform the medical liability system and promote access to quality health care;
which was referred to the Committee on the Judiciary.
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 Browning:
H. B. 2363 - "A Bill to amend and reenact section ten-a, article two, chapter eleven-a of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section five, article twelve, chapter eleven of this code, all relating to directing the sheriff to send
a copy of the published delinquent tax list to the tax commissioner; and authorizing the tax
commissioner to suspend a business registration certificate for any business that fails to pay real
property taxes thirty days after the taxes are published"; to the Committee on the Judiciary then
Finance.
By Delegate Azinger
H. B. 2364 - "A Bill to amend and reenact section three, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to a gradual
elimination of the food sales tax; and increasing the sales tax on other items from six percent to six
and one-half percent"; to the Committee on Finance.
By Delegates Beach, Fleischauer and Perry:
H. B. 2365 - "A Bill to amend and reenact section eight, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section one, article three-b, chapter sixty-one of said code, all relating to posting of property to
prohibit hunting or trespassing, and to allow posting by clearly visible paint markings"; to the
Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Border and Perdue:
H. B. 2366 - "A Bill to amend article four, 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 twenty-one, relating to requiring health benefit plans to issue uniform prescription drug
information cards or technology; requiring issuance of a uniform prescription drug information card
or technology; providing enforcement authority to the insurance commissioner; requiring the
insurance commissioner to propose rules for legislative approval; and prohibiting the conduct of
business by health benefit plans violating this section"; to the Committee on Banking and Insurance
then Finance.
By Delegates Campbell and Canterbury:
H. B. 2367 - "A Bill to amend chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-a, relating to the establishment of the 'Amusement Rider Safety Act' which includes the
responsibilities of a rider and his or her parent or guardian; the procedure for detaining a rider; the
procedure for displaying warning signs; and providing a penalty for violation of this article"; to the
Committee on the Judiciary.
By Delegates Doyle and Fleischauer:
H. B. 2368 - "A Bill to amend article seven, 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 twelve, relating to higher education; personnel generally; and faculty status for professional
librarians"; to the Committee on Education then Finance.
By Delegates Doyle, Manuel, Trump, Faircloth and Overington:
H. B. 2369 - "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 eight-j, relating to salary increases for school service employees based upon residential
housing costs"; to the Committee on Education then Finance.
By Delegate Faircloth:
H. B. 2370 - "A Bill to amend article eight, 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 sixteen, relating to authorizing an action for the late return of a rented video cassette;
providing the measure of damages; and allowing for recovery of attorneys fees and court costs"; to
the Committee on the Judiciary.
By Delegate Faircloth:
H. B. 2371 - "A Bill to repeal section thirty, article five, chapter fifty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to enact in lieu thereof a
new section thirty of said article and said chapter, relating to provisions for appeal by the state in
criminal proceedings"; to the Committee on the Judiciary then Finance.
By Delegate Faircloth:
H. B. 2372 - "A Bill to amend and reenact section nine, article one, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting
county, city or other local governments from imposing any additional requirements upon septic
system installers other than those set forth in existing code"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegate Faircloth:
H. B. 2373 - "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 prohibiting the
sale of beer, wine or liquor from 1:30 a. m. until 1:00 p.m. on Sundays and from 1:30 a. m. until 7:00
a. m. on other days of the week"; to the Committee on the Judiciary.
By Delegate Faircloth:
H. B. 2374 - "A Bill to amend and reenact section five, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article two-
b of said chapter by adding thereto a new section, designated section eleven, all relating to permitting
the licensed carrying of a concealed deadly weapon while hunting, fishing, hiking, motoring or
otherwise engaged in field or stream activities"; to the Committee on the Judiciary.
By Delegate Faircloth:
H. B. 2375 - "A Bill to amend article two, 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 fourteen, relating to requiring all schools to post and make available to the public the
schedules of teachers and staff and providing a penalty for not having the schedules available by the
second week of the school year"; to the Committee on Education.
By Delegate Fragale:
H. B. 2376 - "A Bill to amend and reenact section nineteen, article twenty-two, chapter eight
of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact section fourteen-d, article three, chapter thirty-three of said code, all relating to making
additional funds available for the fire and police pension system; making additional funds available
for volunteer and part volunteer fire departments; increasing the premium tax on insurance; and
increasing the amount of contribution members of municipal fire and police departments make to
their retirement systems"; to the Committee on Pensions and Retirement then Finance.
By Delegate Hrutkay (By Request):
H. B. 2377 - "A Bill to amend and reenact section thirty-nine-a, article three, chapter sixty-
one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
increasing the penalties for issuing worthless checks"; to the Committee on the Judiciary.
By Delegate Hrutkay (By Request):
H. B. 2378 - "A Bill to amend article fifteen, 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 thirty-four-a, relating to requiring motorcycles, motor-driven cycles and mopeds
that operate within one thousand feet of a predominantly residential area or a residentially zoned area
to be equipped with a muffler; requirements for the muffler; and penalty"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Louisos:
H. B. 2379 - "A Bill to amend and reenact section fifteen, article three, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to making a
person convicted of first degree murder of a law-enforcement officer, under certain circumstances,
punishable by death"; to the Committee on the Judiciary.
By Delegate Manuel:
H. B. 2380 - "A Bill to amend and reenact section thirteen, article nineteen, chapter twenty-
nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
prohibiting professional solicitors for charities from receiving more than thirty-five percent of
contributions collected; and requiring a professional solicitor, upon request of the person being
solicited, to inform the person as to the percentage of proceeds to be retained by the solicitor"; to the
Committee on the Judiciary.
By Delegates Mezzatesta and Williams:
H. B. 2381 - "A Bill to amend and reenact section seventeen, article six, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal
and other penalties for false bomb threats by minors; and providing liability for parents for damages
for those acts of minors"; to the Committee on the Judiciary.
By Delegates Mezzatesta and Williams:
H. B. 2382 - "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 two-b, relating to education; high quality educational programs; professional personnel; national certification and comparable credential; standards; salary supplement; expense
reimbursement; limitations; rules; and report"; to the Committee on Education then Finance.
By Delegates Mezzatesta and Williams:
H. B. 2383 - "A Bill to amend and reenact section two, article three, chapter eighteen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to teacher
certification generally; requiring the state department of education to present a comprehensive
teacher certification plan to the legislative oversight commission on education accountability prior
to the first day of July, two thousand three; prohibiting requirement of student-teaching for certain
different specialization or subject area; and providing that county boards of education are responsible
for certifying teachers if the commission does not adopt the state plan by the first day of January, two
thousand five"; to the Committee on Education.
By Delegates Michael, Mezzatesta and Williams:
H. B. 2384 - "A Bill to amend and reenact section fifty-seven, article two, chapter twenty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing criminal penalties for shooting and wounding or killing a human being by a person
hunting, pursuing, taking or killing wild animals or wild birds while under the influence of alcohol,
controlled substances or drugs; and permitting court-ordered restitution"; to the Committee on
Agriculture and Natural Resources then the Judiciary.
By Delegate Pino:
H. B. 2385 - "A Bill to amend and reenact section seven, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article six,
chapter thirty-three of said code by adding thereto a new section, designated section thirty-seven; to amend article fifteen of said chapter by adding thereto a new section, designated section four-h; to
amend article sixteen of said chapter by adding thereto a new section, designated section three-q; to
amend article twenty-four of said chapter by adding thereto a new section, designated section seven-
h; to amend article twenty-five of said chapter by adding thereto a new section, designated section
eight-f; and to amend article twenty-five-a of said chapter by adding thereto a new section,
designated section eight-g, all relating to health insurance; foods and food products for inherited
metabolic diseases; and requiring insurance coverage of medically necessary low protein foods and
medical foods (formulas) for treatment of inherited metabolic diseases as prescribed by a physician";
to the Committee on Banking and Insurance then Finance.
By Delegates Schadler and Amores:
H. B. 2386 - "A Bill to amend article one, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
nine-b, relating to appointment of senior magistrate court clerks; authorizing the supreme court of
appeals to promulgate rules for senior magistrate court clerks; providing for reasonable
compensation to senior clerks; providing for allowances for necessary expenses to provide senior
clerks and for reimbursement of certain expenses incurred by senior clerks"; to the Committee on
the Judiciary then Finance.
By Delegate R. M. Thompson:
H. B. 2387 - "A Bill to amend and reenact section four-e, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing a reduction of the state personal income tax of members of volunteer fire departments who
meet certain qualified service requirements"; to the Committee on Political Subdivisions then Finance.
By Delegate R. M. Thompson:
H. B. 2388 - "A Bill to amend and reenact section eight, article two, chapter thirty-one-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
assessments and examination fund of the commissioner of banking; and providing that the fund shall
include any interest or other return earned thereon"; to the Committee on Banking and Insurance then
Finance.
By Delegates R. M. Thompson, Kominar and Morgan:
H. B. 2389 - "A Bill to amend and reenact section two, article sixteen, chapter forty-seven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
collection agencies; definitions; and adding additional persons who are exempt from the definition
of 'collection agency'"; to the Committee on the Judiciary.
By Delegates Trump, Azinger, Romine, Smirl and Webb:
H. B. 2390 - "A Bill to amend and reenact section thirty-six, article twenty-seven, chapter
eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
the medical provider tax; and eliminating the medical provider tax on providers of dental services
and providers of physician's services effective the first day of July, two thousand two"; to the
Committee on Health and Human Resources then Finance.
By Delegate Warner:
H. B. 2391 - "A Bill to amend and reenact section fourteen, article three, chapter seventeen-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to motor
vehicle registration by authorizing specialized motor vehicle registration plates bearing the logo 'PRO LIFE'"; to the Committee on Roads and Transportation then Finance.
By Delegate Webb:
H. B. 2392 - "A Bill to amend and reenact sections nine, ten and eleven, article twenty-two,
chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to the state lottery; providing restrictions on types of lottery games; increasing minimum
age for playing lottery; prohibiting certain advertising; requiring lottery commission to develop signs
warning of the dangers and risks of gambling and requiring lottery sales agents to post the signs;
requiring commission to develop and implement an initiative to reduce sales dependence on low-
income, less educated minorities and heavy players, including limiting advertising and the number
of sales outlets in low-income areas; restricting the commission from issuing or renewing licenses
in primarily residential areas; and requiring comprehensive gambling impact statement prior to
considering new or expanded lottery games"; to the Committee on the Judiciary then Finance.
By Delegate Webb:
H. B. 2393 - "A Bill to amend and reenact section thirty-six, article twenty-seven, chapter
eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
phasing out certain health provider taxes within five years"; to the Committee on Health and Human
Resources then Finance.
By Delegates H. White, Kominar, R. M. Thompson and Frederick:
H. B. 2394 - "A Bill to amend article fourteen, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nine; to amend said chapter eleven by adding thereto a new article, designated article
fourteen-c; and to amend and reenact section nine, article fifteen of said chapter, all relating to creation of the Economic Development Enterprise Zone Act of 2003; providing findings and
purpose; exempting qualified service stations, truck stops and convenience stores from the payment
of excise taxes on sales of gasoline, special fuel and from the payment of consumer sales tax on the
sale of gasoline, special fuel and food items; exempting particular grocery stores from the payment
of the consumer sales tax on the sale of food items; and making the exemptions applicable to service
stations, truck stops, convenience stores and grocery stores located within five miles of similarly
situated businesses in bordering states and located in counties which the unemployment rate has been
at least ten percent for the previous four consecutive calender quarters"; to the Committee on
Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Williams:
H. B. 2395 - "A Bill to amend and reenact section two, article five-a, chapter thirty-eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
suggestions of salary and wages of persons engaged in private employment; requiring these persons
to notify the clerk of the court issuing the execution of changes of job status or employer; making
the failure to notify a misdemeanor; providing a criminal penalty; and exempting persons subject to
child support orders from notification requirement"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 2396 - "A Bill to amend chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-c,
relating to 'The West Virginia Wild Game Breeder's and Dealer's Licensing Act'; short title;
legislative findings; definitions; license and fees for the breeding, rearing, dealing, taking and killing
of game stock; enclosures and pens for game stock; removal of game stock from licensed premises and identification of the removed game stock; records of transactions; inspection of records and
facilities by the commissioner of agriculture; investigation of complaints; orders and hearings;
suspensions, revocations and refusals of licenses; importing game stock into the state; health
inspection requirements; requirement for a health certificate; commissioner of agriculture to enforce
and propose rules to administer the article; and criminal and civil penalties for violation of this
article or commissioner's rules"; to the Committee on Agriculture and Natural Resources then
Finance.
By Delegate Williams:
H. B. 2397 - "A Bill to amend article one, chapter thirty-six of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-five, relating to estates in property; creation of estates generally; and eliminating the
creation of acquisition of interests in real estate by adverse possession"; to the Committee on the
Judiciary.
By Delegates Williams, Stemple, Shaver, Cann and Varner:
H. B. 2398 - "A Bill to amend and reenact section thirty-nine-g, article three, chapter sixty-
one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
notifying persons from out-of-state who issue worthless checks in this state and who, after being sent
a summons upon a misdemeanor complaint, fail to pay the check and applicable fine or fail to appear
in court, that a notice of their failure will be sent to the division of motor vehicles to be dealt with
according to existing law"; to the Committee on the Judiciary.
By Delegates Yeager, Ashley, Williams and Stemple:
H. B. 2399 - "A Bill to amend and reenact section four, article seven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to empowering
conservation officers to conduct safety checks on boats, and to procure and execute arrest and search
warrants"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Campbell (By Request) and Canterbury:
H. B. 2400 - "A Bill to amend and reenact section fifteen, article ten, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing service
credit for all active service time in the United States armed forces and setting forth limitations and
amount of credit"; to the Committee on Pensions and Retirement then Finance.
By Delegates Hrutkay, Butcher, Ferrell, Martin, Wright, Mahan and Amores:
H. B. 2401 - "A Bill to amend and reenact section one-a, article three, chapter six of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to deputy officers and
conservators of the peace generally and allowing members of the deputy sheriffs' reserve to transport
juveniles and persons involuntarily committed to a mental health facility"; to the Committee on the
Judiciary.
On motion for leave, a bill was introduced, (Originating in the Committee on Education and
reported with the recommendation it do pass), which was read by its title, as follows:
By Delegates Mezzatesta, Beach, Wakim, Louisos and Tabb:
H. B. 2402 -"A Bill to amend and reenact sections eighteen and forty-four, article five,
chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact section fifteen, article nine-a of said chapter, relating to early childhood
education programs; removing early childhood programs as category of public school kindergarten;
stipulating that early childhood education is not part of system of free schools; excluding federal preschool handicapped from section; removing compulsory school attendance requirement for early
childhood programs; making implementation a state goal; requiring integration of public and private
programs; providing for other public and private program certification by county boards with appeal
to state superintendent; authorizing county boards to assist and contract with other public and private
programs; providing for separate appropriation for early childhood programs and limiting use of
funds; providing standards for personnel and removing
requirement that early childhood teachers
be certified; requiring legislative approval of increase in total number of students enrolled in
programs; creating advisory council; and excluding children below age five from allowance for
increased enrollment."
Consent Calendar
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. 2054, Requiring county clerks to record a disclaimer of unenforceable
restrictive covenants based on race, color, religion, ancestry, sex, familial status, blindness, handicap
or national origin,
Com. Sub. for H. B. 2154, Relating to the school calendar generally,
And,
H. B. 2300, Creating education performance audit panel to strengthen focus on improving
student, school and school system performance.
At 11:12 a.m.., on motion of Delegate Staton, the House of Delegates adjourned until 1:00
p.m., Monday, January 20, 2003.