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Tuesday, January 21, 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 20, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

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. 2090, Requiring the Ethics Commission to establish a code of conduct for state administrative law judges,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2090 - "A Bill to amend article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a, relating to requiring the ethics commission to establish a code of conduct for state administrative law judges, including civil penalties and sanctions for violations,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2090) will be placed on the Consent Calendar.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia State Board of Examiners for Licensed Practical Nurses, in accordance with section seven, article twenty-four, 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 Examiners in Counseling, in accordance with section five, article thirty-one, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Division of Motor Vehicles, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the Debt Position and Debt Capacity annual reports of the West Virginia State Treasurer's Office, in accordance with section twenty-three, article one, chapter four of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia State Board of Architects, in accordance with section twelve, article one, chapter thirty of the code; which was filed in the Clerk's Office.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 52 - "A Bill to amend and reenact section thirty-one, article three, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to eliminating the requirement of a one hundred-dollar bond on out-of-state defendants in automobile accident cases"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 5 - "Requesting the Division of Highways name the new bridge near Jackson's Mill, Lewis County, the 'Homer Bennett Bridge'."
Whereas, Homer Bennett is a native of Lewis County who served his nation with pride and distinction during World War II as a sergeant in the United States Army; and
Whereas, Homer Bennett is a prominent businessman and President of Bennett's Home, Auto and Furniture Center in Weston and he has served his community in numerous positions, including Past President, Lewis County Chamber of Commerce; Past President, Weston Lions Club; Past President, Lewis County Shrine Club; Member, Board of Directors of Stonewall Jackson Memorial Hospital; Member, Board of Directors of Citizens Bank of Weston; and Radio voice of the Lewis County Minutemen, 1973-1980; and
Whereas, The dedication and commitment of Homer Bennett to the citizens of Lewis County earned him the Governor's Outstanding West Virginian Award and the Spirit of Freedom Award in 1983; the West Virginia Home Furnishings Retailer of the Year, 1987; and the Lewis County Spirit Award in 2001; and
Whereas, It is fitting that the new bridge near Jackson's Mill, Lewis County, be named the "Homer Bennett Bridge" as a lasting symbol of appreciation to a man who has dedicated so much to his community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the new bridge near Jackson's Mill, Lewis County, the "Homer Bennett Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the new bridge near Jackson's Mill, Lewis County, the "Homer Bennett Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Resolutions Introduced

Delegates Trump and Mezzatesta offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 3 - "Requesting the Commissioner of the Division of Highways to name the bridge which crosses the Capon River on Route 259 at Yellow Spring, Hampshire County, the 'Kenneth Seldon Bridge'."
Whereas, For over half a century, Kenneth Seldon has been the proprietor of the Riverside Service general store in Yellow Spring, Hampshire County, West Virginia; and
Whereas, Since beginning his business in Yellow Spring, Hampshire County, on May 22, 1952, Kenneth Seldon has opened the store every day at 8:00 a.m. and has continued to carry everything from fresh bread and meat to nails and paint; and
Whereas, Kenneth Seldon is a man of integrity and character as evidenced by the fact that his store is always closed on Sunday and that he has never sold beer or other spirits; and
Whereas, Beginning in 1957, in addition to operating the Riverside Service general store Kenneth Seldon served as Postmaster of Yellow Spring for twenty-five years, a post now held by his daughter-in-law, Peggy Seldon; and
Whereas, Kenneth Seldon?s general store also spawned an auto repair and parts supply business which became a separate company currently owned and operated by Mr. Seldon?s son and grandson, David Seldon and Dean Seldon; and
Whereas, Kenneth Seldon is a business leader in Yellow Spring and Hampshire County and when the Yellow Spring Mill went out of business in 1991, his love for the area led him to purchase and keep the mill intact; and
Whereas, Kenneth Seldon is a community leader as well as a charter member of the Capon Valley Ruritan Club and a member of the Timber Ridge Christian Church; and
Whereas, Kenneth Seldon?s dedication and service to Yellow Spring and Hampshire County should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name the bridge which crosses the Capon River on Route 259 in Yellow Spring, Hampshire County, the "Kenneth Seldon Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Kenneth Seldon Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the members of Mr. Seldon?s family.
Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, 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, Leggett, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Shoen, 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, Yeager and Yost offered the following resolution, which was read by its title as follows:
H. C. R. 4 - "A resolution urging President Bush to reconsider newly issued VA regulations that will change veterans' access to health care services, making veterans endure long waiting period for care."
Whereas, That in this time of uncertainty, the West Virginia Legislature believes that all veterans who depend on Veterans Affairs for their health care should be welcomed with open arms; and
Whereas, In 1996, Congress passed eligibility reform, allowing the Department of Veterans Affairs to provide a standard benefits package for all veterans who enrolled in the VA health care system for all veterans to receive care in a timely manner; and
Whereas, With this reform, more and more veterans turned to VA for their health care causing enrollment to sharply increase; and
Whereas, Because of insufficient resources to cover this new demand, the Department of Veterans Affairs chose other methods to manage enrollment issuing a mandate prohibiting all enrollment generating activities-such as health fairs; and
Whereas, In addition to this mandate, the VA also issued new regulations requiring VA clinicians to give priority for health care services to veterans with service-connected conditions; and
Whereas, This new priority system will provide limited assistance for the more than 300,000 veterans waiting to be seen by VA clinicians, and could more than double the time they are made to wait for care; and
Whereas, This new priority system fails to take into consideration the medical needs of patients while also denying clinicians the necessary flexibility to effectively triage patients based on medical need; which was the reason that Congress, in the Eligibility Reform Act, repealed priorities for care based on any factor other than medical need; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature urges President Bush to address the importance of health care access for all veterans and reconsider newly issued regulations that change veterans' access to health care services, forcing veterans to endure long waiting periods for care; and, be it
Further Resolved, That the West Virginia Legislature expresses its concern that this major change will take effect without affording Congress, veterans or veterans' advocates the opportunity to comment on the changes; and, be it
Further Resolved, That the Clerk is hereby directed to transmit a copy of this Resolution to President George W. Bush, Vice President Richard Cheney, Secretary of Veterans Affairs Anthony J. Principi and the West Virginia Congressional Delegation.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 4) 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.
Delegates Beane, Kuhn, Butcher, Long, Martin, Azinger and Border offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 5 - "Requesting the Joint Committee on Government and Finance conduct a study on the feasibility of establishing a special residential community for senior citizens."
Whereas, The establishment of a special residential community for senior citizens would enhance West Virginia's opportunity to display its natural beauty and attract senior citizens to our state; and
Whereas, A residential community of senior citizens could be located where it would be accessible to activities designed for senior citizens and to skilled medical care; and
Whereas, The establishment of a senior community in West Virginia would generate revenue, enhance business and provide jobs; and
Whereas, The Legislature has studied this topic during the 2002-2003 interim session and has recommended that this subject receive further study during the 2003-2004 interim session; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance conduct a study on the feasibility of establishing a special residential community for senior citizens in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Beane, Kuhn, Butcher, Long, Martin, Azinger and Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 6 - "Requesting the Joint Committee on Government and Finance to continue a study of the current methods of approving and managing renovation and restoration projects for areas of the state capitol complex that are of great value and historical significance to the citizenry of West Virginia, and to further make a study of the need to locate, protect and restore furnishings and architectural aspects of the state capitol building."
Whereas, The capitol building is a representation of the history, culture and pride of the State of West Virginia and of its citizenry; and
Whereas, The furnishings originally prescribed by architect Cass Gilbert, that once adorned the state capitol building, have been mistreated, lost or otherwise disposed of; and
Whereas, Historically and culturally related original architectural aspects of the capitol building have been destroyed or hidden beneath years of poorly coordinated renovations and repairs; and
Whereas, The protective regulatory power of the Capitol Building Commission has been ignored or bypassed in order to secure short-term solutions for problems; and
Whereas, There is a need to ensure that the protective mandates of the Capitol Building Commission are followed in order to guarantee that future generations of West Virginians are allowed to enjoy the cultural heritage represented in the state capitol building; and
Whereas, The Legislature has studied this topic during the 2002-2003 interim session and has recommended that this subject receive further study during the 2003-2004 interim period; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study the current methods of approving and managing renovation and restoration projects for areas of the state capitol complex that are of great value and historical significance to the citizenry of West Virginia, and to further make a study of the need to locate, protect and restore furnishings and architectural aspects of the state capitol building; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from appropriations to the Joint Committee on Government and Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Calvert, Carmichael, Armstead, Frich, Sumner and Duke: H. J. R. 8 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article six thereof; amending section two, article fourteen thereof; and further amending said Constitution by adding a new article, designated article fifteen, all relating to the legislative powers held by the people of the State and the Legislature; the power of the registered voters and the power of the Legislature to propose amendments to this Constitution; and the reservation by and to the people and registered voters of this State the powers of initiative and referendum at all levels of government in this State; 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.
Delegate Hatfield offered the following resolution, which was read by its title as follows:
H. R. 9 - "Designating January 21, 2003 as 'Disability Awareness Day'."
Whereas, There are approximately 400,000 West Virginians with disabilities; and
Whereas, People with disabilities long to be active and participating members of society; and
Whereas, People with disabilities are proving themselves through education and rehabilitation and demonstrating that they can be dynamic employees in the workplace; and
Whereas, West Virginia's disabled citizens have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
Whereas, Organizations such as the Appalachian Center for Independent Living, Arc of Kanawha and Putnam Counties, Coalition for West Virginia's Children, Mental Health Association of Monongalia County, Mountain State Centers for Independent Living, West Virginia Advocates, West Virginia Assistive Technology System, West Virginia Association of Persons in Support of Employment, West Virginia Association of Rehabilitation Facilities, West Virginia Developmental Disabilities Council, West Virginia Family Support Council, West Virginia Mental Health Consumers Association, West Virginia Traumatic Brain Injury/Spinal Cord Injury Rehabilitation Fund Board, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia Autism Society, Early Intervention Interagency Coordinating Council and the West Virginia Parent Information Project have joined together to help increase public awareness of issues involving the many concerns of the disabled in West Virginia; and
Whereas, The purpose of Disability Awareness Day is to increase the awareness of legislators, administrations, policymakers and the public of the issues that are important to people with disabilities; therefore, be it
Resolved by the House of Delegates:
That the House hereby designates January 21, 2003, as "Disability Awareness Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 9) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Ashley, Stemple and Amores:
H. B. 2466 - "A Bill to amend and reenact section nine, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to enhancing penalties for indecent exposure"; to the Committee on the Judiciary.
By Delegates Beane, Kuhn, Butcher, Long, Martin, Azinger and Border:

H. B. 2467 - "A Bill to amend article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve-f, relating to providing an exemption from gross income for certain members of volunteer fire departments, for state personal income tax purposes"; to the Committee on Finance.
By Delegates Border, Perdue, Ashley, Campbell, Staton, Browning and Michael:

H. B. 2468 - "A Bill to amend and reenact section nine, article two, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to responsibilities of the secretary of the department of health and human resources and requiring that the secretary ensure that medicaid reimbursement for prescriptions from retail pharmacies allow for reimbursement for the smallest available package when a medicine is not available in the prescribed dosage"; to the Committee on Health and Human Resources then Finance.
By Delegates Doyle and Manuel:
H. B. 2469 - "A Bill to amend and reenact section twelve, article twenty-three, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the imposition of tax under article twelve, thirteen or fifteen on the income or receipts or expenditures for goods and services of any and every kind whatsoever of owners, trainers or jockeys directly arising from their services which are essential to the effective conduct of a horse or dog racing meeting"; to the Committee on Finance.
By Delegates Doyle and Manuel:
H. B. 2470 - "A Bill to amend and reenact section two, article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that actions in which the state is a party be brought in the county which is affected or related to the controversy"; to the Committee on the Judiciary.
By Delegates Doyle and Manuel:
H. B. 2471 - "A Bill to amend and reenact section seven, article two, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to agriculture; marketing agricultural products; prohibiting the sale of damaged containers or canned goods 'as is' or for less than one half of the usual retail price; and imposing a fine for knowingly displaying damaged goods with undamaged goods"; to the Committee on the Judiciary.
By Delegates Doyle and Manuel:
H. B. 2472 - "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 thirteen-i; and to amend and reenact section nineteen, article five of said chapter, all relating to education; the state board of education; county boards of education; establishing a secure residential school for juvenile status offenders; and providing an alternative school at evening classes or night school for children who are expelled or suspended from regular school classes"; to the Committee on Education then the Judiciary.
By Delegates Doyle and Manuel:
H. B. 2473 - "A Bill to amend chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article nineteen, relating to creating the institute for increased post-secondary education; definitions; legislative findings and purpose; creating management board; general powers; report required; compensation of board members; liberal construction of article; and termination date"; to the Committee on Education then Finance.
By Delegates Fleischauer, Doyle and Brown:
H. B. 2474 - "A Bill to amend and reenact sections two, three, four, eight, nine and thirteen, article eleven, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections three, five, six and seven, article eleven-a of said chapter, all relating to declaration of policy; definitions; human rights commission continued; commission powers; unlawful discriminatory practices; exclusiveness of remedy; certain records exempt; the fair housing act; and prohibiting discrimination based upon sexual orientation in residential real-estate-related transactions"; to the Committee on the Judiciary.
By Delegates Hrutkay, Fleischauer, Martin, Kominar, Ferrell, H. White and Kuhn:

H. B. 2475 - "A Bill to amend and reenact section five, article eight, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to classification of real property generally and providing an exception for two years to allow heirs to sell estate before classifying estate property as Class III or Class IV property"; to the Committee on the Judiciary then Finance.
By Delegates Martin and Paxton:
H. B. 2476 - "A Bill to amend and reenact section two, article two, chapter one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the apportionment of the membership of the House of Delegates; dividing the fourteenth delegate district into two single member districts; and designating the new district the fifty-ninth delegate district"; to the Committee on the Judiciary.
By Delegates Perry, Williams, Mezzatesta, Trump and Pino:
H. B. 2477 - "A Bill to amend and reenact section three, article four, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections two and four, article six-b of said chapter, all relating to permitting certain homeowners living with family members, or in nursing homes or other facilities to retain a homestead exemption and class two property designation"; to the Committee on the Judiciary then Finance.
By Delegates Spencer and Mahan:
H. B. 2478 - "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 nine, relating to state employees; extended leave of absence for state employees; and rehiring upon return to service; providing that employees shall be reinstated without loss of rights"; to the Committee on Education then Finance.
By Delegates Stemple, Michael, Mezzatesta, Varner and Williams:

H. B. 2479 - "A Bill to amend and reenact section nine, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting funeral-related retail sales from consumers sales tax"; to the Committee on Finance.
By Delegates R. M. Thompson, Perry and G. White:
H. B. 2480 - "A Bill to amend and reenact section four, article two, chapter thirty-one-a, of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the regulatory authority of the commissioner of banking over residential mortgage brokers and lenders and the commissioner's authority to assess civil administrative penalties and to expend funds to foster consumer understanding of mortgage laws"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Trump, Smirl, Romine, Leggett, Ellem, Carmichael and Overington:

H. B. 2481 - "A Bill to amend and reenact section sixteen, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections eleven and eleven-a, article four-a of said chapter; to amend article five of chapter three by adding thereto a new section, designated section six-a; to amend and reenact sections seven, thirteen and thirteen-a, article five of said chapter; and to amend article six of said chapter by adding thereto a new section, designated section two-a, all relating to the nonpartisan election of justices of the supreme court of appeals; timing and frequency of election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content and form"; to the Committee on the Judiciary then Finance.
By Delegate Warner:
H. B. 2482 - "A Bill to amend and reenact sections six and eighteen, article six, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto a new article, designated article six-e, all relating to the regulation of selling new or used motor vehicles; providing for the comprehensive regulation and licensing of persons who sell new or used vehicles by requiring these persons to obtain licenses as salespersons; and requiring national criminal background checks on new dealer license applicants"; to the Committee on the Judiciary then Finance.
By Delegates Williams, Mahan and Susman:
H. B. 2483 - "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 increasing minimum salary increments paid to principals and assistant principals"; to the Committee on Education then Finance.
By Delegates Williams, Mezzatesta, Beach, Perry and Canterbury:

H. B. 2484 - "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 volunteer emergency workers receiving a tax exemption for responding to at least twenty-five percent of all calls during the year"; to the Committee on Finance.
By Delegates Yeager, Leggett, Crosier, Morgan and Talbott:
H. B. 2485 - "A Bill to amend and reenact section one-c, article seven, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to salaries of conservation officers; increasing the salary of certain conservation officers"; to the Committee on Agriculture and Natural Resources then Finance.
On motion for leave, a bill was introduced, (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beane, Kuhn, Yeager, Iaquinta, Talbott, Leggett and Frich:
H. B. 2486 -- "A Bill to amend and reenact section twenty-seven, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the public employees' insurance agency."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2486) will be placed on the Consent Calendar.
Consent Calendar

Second Reading

H. B. 2323, Establishing a division of school personnel within the state department of education by July 1, 2003; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
House Calendar

Unfinished Business

H. R. 7, Adding House Rule 66a, relating to limiting action on all pending bills after the fiftieth day of the legislative session until the budget is passed and providing no salaries if session extends for passage of the budget; coming up in regular order, as unfinished business, was reported by the Clerk.
In accordance with the recommendation of the Committee on Rules, the Speaker propounded "Shall the resolution be rejected?"
The question having been put, the same prevailed.
Third Reading

H. B. 2300, Creating education performance audit panel to strengthen focus on improving student, school and school system performance; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 18), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Boggs.
Absent And Not Voting: Anderson, Coleman, Iaquinta and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2300) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 19), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Caruth.
Absent And Not Voting: Anderson, Coleman, Iaquinta, Leach and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2300) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

H. B. 2402, Relating to early childhood education programs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absences

At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Anderson, Coleman, Leach and Yost.
Miscellaneous Business

Delegate Manchin asked and obtained unanimous consent that the remarks of Delegate Caputo, regarding the remarks of former West Virginia University coach Don Nehlen concerning the coal industry, be printed in the Appendix to the Journal.
Delegate Ennis asked and obtained unanimous consent that the remarks of Mr. Speaker, Mr. Kiss, and Delegate Manchin, delivered on yesterday regarding Veterans' Visibility Day, be printed in the Appendix to the Journal.
Delegates Boggs and Manchin announced that they were absent on yesterday when the votes were taken on Roll Nos. 16 and 17, and that had they been present, they would have voted "Yea" thereon.
At 11:52 a.m.., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a. m., Wednesday, January 22, 2003.