__________*__________
Wednesday, January 22, 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 Tuesday, January 21, 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. 2386, Providing for a panel of senior magistrate court clerks to serve in substitution
for magistrate court clerks who are on authorized leave,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2386) was referred to
the Committee on Finance.
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. 2203, Relating generally to the requirement of wearing seat belts in automobiles.
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2203 - "A Bill to amend and reenact sections forty-three 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; prohibiting children from riding in certain cargo areas; and
making the offense of failure to wear a safety belt a primary offense and changing the penalty
therefor,"
With the recommendation that the committee substitute do pass.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the following communication and resolution from Mr.
James M. Brown, chair of the Citizens Legislative Compensation Commission, created by section
thirty-three, article six of the West Virginia Constitution, which was read by the Clerk and ordered
filed in his office:
January 21, 2003
The Honorable Darrell E. Holmes
The Honorable Gregory M. Gray
Clerks of the West Virginia State Senate
and House of Delegates
State Capitol Building
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear Clerk Holmes and Clerk Gray:
As Chairman of the West Virginia Citizens Legislative Compensation Commission, I hereby
submit the Commission's recommendations as adopted on January 9, 2003.
With warmest regard and best wishes, I remain,
Very truly yours,
James M. Brown,
Chair,
West Virginia Citizens Legislative
Compensation Commission.
Resolution Submitting Recommendations with Respect
to Compensation and Expense Allowances
Adopted January 9, 2003
Determination of compensation and expense allowances.
Whereas, The Citizens Legislative Compensation Commission met pursuant to the call of
its chairperson in Charleston, West Virginia, on January 9, 2003; and
Whereas, The Citizens Legislative Compensation Commission is charged with the
responsibility of submitting, by resolution to the Legislature, its determination of compensation and
expense allowances for members of the Legislature; now, therefore, be it
Resolved, by the Citizens Legislative Compensation Commission, at least four of the seven members of the Committee having concurred therein, that the compensation and expenses
allowances of members of the Legislature are hereby determined as follows:
That each member of the Legislature shall receive as compensation for his or her services the
sum of 20,000.00 dollars per year, effective with the legislative session beginning in January, 2004,
25,000.00 dollars per year, effective with the legislative session beginning in January 2008, plus such
additional compensations as are expressly provided.
Resolved Further, That in addition to the basic and additional compensation provided, the
chairperson of the committees on finance and committees on the judiciary of the respective houses
and up to six additional persons from each house, to be named by the presiding officer, shall each
receive an additional compensation of one hundred fifty dollars per day, up to a maximum of thirty
days, for attending to legislative business in their offices in the capitol building when the Legislature
is not in regular, extended or extraordinary session and interim committees are not meeting.
Resolved Further, That in addition to the basic and additional compensation provided, the
President of the Senate and the Speaker of the House of Delegates shall each receive additional
compensation of:
(1) One hundred fifty dollars per day for each day actually served during any regular,
extension of regular or extraordinary session as presiding officer, including Saturdays and Sundays;
and
(2) Two hundred dollars per day, up to a maximum of eighty days per calendar year, for
attending to legislative business in their offices in the capitol building when the Legislature is not
in regular, extension of regular or extraordinary session and interim committees are not meeting.
Resolved Further, That in addition to the basic and additional compensation provided, the majority leaders and minority leaders of the Senate and of the House of Delegates shall each receive
additional compensation of seventy-five dollars per day for each day actually served during any
regular, extension of regular or during extraordinary session, including Saturdays and Sundays, as
the selected legislative leaders of their respective political parties.
Further Resolved, That members of the Legislature shall be entitled to medical insurance
coverage through the Public Employees Insurance Agency at the same premium rate as full-time,
state employees.
Further Resolved, That the compensation and expense allowance of members of the
Legislature not specifically addressed in this resolution shall remain the same.
Witness the following signatures and seals:
James M. Brown,
William R. Stone,
Anthony J. Yanero,
Michael Shaw.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Osteopathy,
in accordance with section one, article fourteen-a, 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 Bureau of Senior
Services, in accordance with section fourteen, article five-p, chapter sixteen 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 Optometry,
in accordance with section three, article eight, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Ohio River Valley Water Sanitation
Commission, in accordance with article twelve, chapter twenty-two-c 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
Registration for Sanitarians, in accordance with the provisions 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 and requested the concurrence
of the House of Delegates in the passage of
S. B. 163 - "A Bill to amend and reenact section seven-a, article two, chapter seventeen-b
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the driver's licensing advisory board"; which was referred to the Committee on
Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 164 - "A Bill to amend and reenact section thirteen, article two-a, chapter five-b of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
continuation of the office of coalfield community development"; which was referred to the
Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 165 -- "A Bill to amend and reenact section six, article twenty-six-a, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation
of the West Virginia commission for national and community service"; which was referred to the
Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 166 - "A Bill to amend and reenact section four, article seven, chapter twenty-two-c
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the oil and gas inspectors' examining board"; which was referred to the Committee
on Government Organization.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Amores, Cann, R. M. Thompson and Kominar:
H. B. 2487 - "A Bill to amend and reenact sections one, two, three and eleven, article
twenty-five, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to tax relief for homeowners and renters; providing the same tax relief for
persons under sixty-five years of age that is provided for the elderly; providing definitions; computation of relief; and providing effective date"; to the Committee on Finance.
By Delegates Beach, Shaver, Perry and Stemple:
H. B. 2488 - "A Bill to amend and reenact sections two and three, article three-b, chapter
sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to increasing the fines for trespass to structures and conveyances and to all other tangible
properties"; to the Committee on the Judiciary.
By Delegates Boggs and Stalnaker:
H. B. 2489 - "A Bill to amend article three, chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
fifty-eight, relating to prohibiting state purchases of information technology equipment constructed
of flammable materials"; to the Committee on the Judiciary.
By Delegates Campbell and Canterbury:
H. B. 2490 - "A Bill to amend and reenact section fourteen, article eighteen, chapter seven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
expanding permissible expenditures from the hotel occupancy tax proceeds to include library or other
educational facility construction; setting a funding limitation for such construction; and, setting forth
various criteria that must be met within a county before the funding may be provided"; to the
Committee on Finance.
By Delegates Caputo and Manchin:
H. B. 2491 - "A Bill to amend and reenact section fifteen, article five, chapter forty-nine of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting
the number of cases that juvenile probation officers are required to handle"; to the Committee on the Judiciary then Finance.
By Delegates Caputo, Coleman, Fleischauer and Manchin:
H. B. 2492 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
a reduction in gross income for contributions to state, county or municipal parks"; to the Committee
on Finance.
By Delegates Caputo, Manchin, Coleman, Kuhn, Perdue, Hatfield and Brown:
H. B. 2493 - "A Bill to amend and reenact section one, article six, chapter seventeen-c 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; to amend and reenact sections ten and
eleven, article seventeen of said chapter; to amend said chapter by adding thereto two new articles,
designated articles seventeen-a and seventeen-b; to amend and reenact section three, article one,
chapter seventeen-e of said code; and to amend chapter twenty-four-a of said code by adding thereto
a new article, designated article one-a, all relating to the regulation of commercial vehicles;
decreasing speed limits and increasing speeding fines for commercial vehicles transporting coal;
authorizing public service commission and its employees to enforce laws of the road for commercial
vehicles; authorizing weight enforcement for commercial vehicles moving or parked on or within
one hundred feet of public rights-of-way; establishing administrative enforcement process and
penalties for vehicles transporting coal; providing legislative findings for special regulation of coal
transportation on public highways; defining terms; directing public service commission to administer
commercial vehicle weights and measures; providing that the division of highways administers all
aspects of weight and safety requirements for public highways; authorizing the public service commission to promulgate emergency and legislative rules; providing special operator and vehicle
requirements; providing reporting requirements for vehicle owners, coal shippers and coal receivers;
authorizing commission employees to inspect certain weight transportation records; establishing
administrative sanctions for coal vehicle weight violations; establishing new criminal penalties for
weight violations of vehicles transporting coal; creating criminal penalties for spotting for another
vehicle; providing for the transfer of certain duties, authority and employees of the division of
highways to the public service commission; providing dates for transfer of these duties; providing
that state road funds for these costs be transferred to the public service commission; providing that
the transfer of these duties does not alter other law-enforcement agencies authority; and removing
weight from this list of non-serious traffic violations"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates Caputo, Butcher, Kuhn, Boggs, Manchin, Tucker and Martin:
H. B. 2494 - "A Bill to amend and reenact section three, article five-c, chapter twenty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
maximum hours of work; and providing that an employee has the right to decline to work more than
forty hours in any one work week"; to the Committee on Industry and Labor, Economic
Development and Small Business then the Judiciary.
By Delegates Caputo, Manchin, Kuhn and Fragale:
H. B. 2495 - "A Bill to amend article six, 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 thirty-seven, relating to requiring insurance companies that provide automobile insurance to
accept policy premiums, at the option of the insured, either monthly, quarterly, semiannually or annually"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Doyle and Manuel:
H. B. 2496 - "A Bill to amend and reenact section ten-a, article twenty-two-a, chapter
twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the use of a portion of the net terminal income from racetrack video lotteries by county
boards of education in the counties where the racetracks are located for capital improvement
projects"; to the Committee on the Judiciary then Finance.
By Delegates Doyle and Manuel:
H. B. 2497 - "A Bill to amend chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
twelve-c, relating to voluntary small employer purchasing pools; short title; definitions; authority;
alliance contracts; prohibitions; and tax exemptions and deductions"; to the Committee on Industry
and Labor, Economic Development and Small Business then Government Organization.
By Delegates Faircloth and Trump:
H. B. 2498 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
exempting all monetary benefits derived from military retirement from personal income tax
obligations for those persons who have attained the age of sixty-two"; to the Committee on Finance.
By Delegates Faircloth and Trump:
H. B. 2499 - "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 requiring
that persons convicted of first offense driving under the influence or with an alcohol concentration in the blood of eight hundredths of one percent or more by weight pay the costs of their own
incarceration, which incarceration is increased from twenty-four hours to three days"; to the
Committee on the Judiciary then Finance.
By Delegates Fleischauer, Amores, Webster, Brown, Foster, Warner and Faircloth:
H. B. 2500 - "A Bill to amend and reenact section six hundred eight, article five and section
four hundred one, article twenty-seven, chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to domestic relations generally and
clarifying the authority of the courts to continue protective orders during certain proceedings"; to the
Committee on the Judiciary.
By Delegates Fragale, Caputo, Kuhn, Stalnaker, Hrutkay and Craig:
H. B. 2501 - "A Bill to amend and reenact section fifteen, article ten, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
continued employment of a spouse of a newly elected county commissioner with tenured service
with a county agency to keep their job"; to the Committee on Political Subdivisions then the
Judiciary.
By Delegate Hall:
H. B. 2502 - "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; and adding a fifty-ninth delegate district consisting
of portions of Mason and Putnam counties"; to the Committee on the Judiciary.
By Delegates Hall, Carmichael, Border, Romine and Ellem:
H. B. 2503 - "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
sales of funeral services, supplies and equipment from the consumer sales tax"; to the Committee
on Finance.
By Delegates Kominar and Doyle:
H. B. 2504 - "A Bill to amend and reenact section three, article two, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the consolidated public retirement board to promulgate a legislative rule relating to service credit for
accrued and unused sick and annual leave"; to the Committee on Pensions and Retirement then the
Judiciary.
By Delegates Manuel, Doyle and Amores:
H. B. 2505 - "A Bill to amend and reenact section fifteen, article five, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
municipalities to establish a procedure for run-off elections in cases of tie votes in municipal
elections"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Mezzatesta and Williams:
H. B. 2506 - "A Bill to amend and reenact section six, article two-d, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
sections thirty and thirty-one, article seven, chapter forty-nine of said code, all relating to
comprehensive education programs for children placed in behavioral health care facilities; requiring
education plan approved by county and state boards in certificate of need review; requiring notice
of approved plans to legislative oversight commission; requiring education plan in procedures when
certificate of need not required; requiring payment of certain education costs from in-state placement special account; clarifying determination of savings from returning out-of-state placements"; to the
Committee on Health and Human Resources then Finance.
By Delegates Overington, Ellem, Howard, Louisos, Azinger, Sobonya and Webb:
H. B. 2507 - "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 twenty-two, relating to personal income tax; and authorizing a two-tiered tax
credit for parents or legal guardians who provide their children with either home or private
schooling"; to the Committee on Education then Finance.
By Delegates Proudfoot and Leach:
H. B. 2508 - "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
from the sales tax all service charges and sales related to funeral, burial or other costs involved in
the handling and disposition of human remains"; to the Committee on Finance.
By Delegate Schoen:
H. B. 2509 - "A Bill to amend and reenact section one hundred one, article eleven, chapter
forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to support of children and providing that parents whose parental rights are terminated continue to
be responsible for support until the child is adopted, reaches age of majority or is otherwise
emancipated"; to the Committee on the Judiciary.
By Delegates Stalnaker, Williams, Mezzatesta, Ennis and Manchin:
H. B. 2510 - "A Bill to amend and reenact section two, article two, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the teachers retirement system; including service personnel eligibility for five hundred dollar early retirement
notification bonus"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stalnaker, Beane, Warner, Fragale, Cann, Azinger and Iaquinta:
H. B. 2511 - "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
authorizing the issuance of a special motor vehicle license plate for 'Nemesis Shrine' members"; to
the Committee on Roads and Transportation then Finance.
By Delegates R. Thompson and Perdue:
H. B. 2512 - "A Bill to amend and reenact section six, article one-a, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to competitive
bidding and notice requirements for the development of natural resources in which the public land
corporation has an interest; and requiring public hearings, publication of notices and procedure if
evidence establishes or fails to establish the fair market value of the mineral interest"; to the
Committee on the Judiciary then Finance.
By Delegates R. Thompson and Perdue:
H. B. 2513 - "A Bill to amend and reenact section twenty-five, article ten, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing
language which might reduce a public employee's disability benefits on attaining sixty-five years of
age"; to the Committee on Pensions and Retirement then Finance.
By Delegates R. M. Thompson, Perry and G. White:
H. B. 2514 - "A Bill to amend and reenact section two, article three, chapter thirty-one-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the authority of the board of banking and financial institutions to remove directors, officers or employees
of financial institutions and prohibit them from participating in the conduct of affairs of other
financial institutions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Trump, Ellem, Carmichael, Armstead and Schadler:
H. B. 2515 - "A Bill to amend and reenact section four, article twenty-four, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West
Virginia corporate net income tax; reducing of the rate of the corporate net income tax from nine
percent to six percent by reducing the rate of tax by one half of one percent per year, commencing
the first day of July, two thousand three"; to the Committee on Finance.
By Delegates Walters, Webb and Armstead:
H. B. 2516 - "A Bill to amend chapter four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating
to the state payment for state mandates act; legislative findings; definitions; requirement for funding
of state mandates; establishing office of local mandates; mandate review requirements; notification
of local impact statement; and appropriations requirement"; to the Committee on Government
Organization then Finance.
By Delegates Walters, Hall and Armstead:
H. B. 2517 - "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 generally and requiring notice of an abortion to be provided the father of the
unborn child"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Walters, Armstead and Webb:
H. B. 2518 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
allowance of mortgage or deed of trust interest paid on a personal residence as a deduction for
personal income tax purposes"; to the Committee on Finance.
By Delegates Warner, Boggs, Stalnaker and Border:
H. B. 2519 - "A Bill to amend and reenact section one, article one, chapter twenty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to annual
reporting by the public service commission and specifically requiring reporting of all violations by
railroads of the rules of the public service commission or of the federal railroad administration and
all other safety violations by railroads"; to the Committee on the Judiciary.
By Delegates Williams, DeLong, Stemple, Shaver, Perry and Canterbury:
H. B. 2520 - "A Bill to amend and reenact section two, article nine-a, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public
school support generally and including adults enrolled in approved family literacy programs in the
net enrollment count of the public school support plan on a full-time equivalency basis"; to the
Committee on Education then Finance.
By Delegates Williams and Mezzatesta:
H. B. 2521 - "A Bill to amend article fourteen, 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 eleven, relating to establishing the school psychologist internship program;
legislative findings and intent; program provisions and requirements; collaboration; policy; funding
limitations; and service agreement"; to the Committee on Education then Finance.
By Delegates Yeager, Williams, Stemple and Ashley:
H. B. 2522 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to personal
income taxes generally and adding the retirement income of conservation officers as a modification
reducing the federal adjusted gross income"; to the Committee on Pensions and Retirement then
Finance.
Consent Calendar
Third Reading
H. B. 2323, Establishing a division of school personnel within the state department of
education by July 1, 2003; 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. 20), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Coleman, Ennis and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2323) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 21), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Coleman, Ennis and Leach.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2323) 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.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2090, Requiring the Ethics Commission to establish a code of conduct
for state administrative law judges,
And,
H. B. 2486, Continuing the public employees insurance agency.
House Calendar
Third Reading
H. B. 2402, Relating to early childhood education programs; 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. 22),
and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Kuhn, Poling, Webb and Yeager.
Absent And Not Voting: Coleman, Ennis and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2402) passed.
Delegate Staton moved that the bill take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 23), and there were--yeas 95, nays
1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Yeager.
Absent And Not Voting: Coleman, Ennis, Leach and Webb.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2402) takes effect July 1, 2003.
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 Coleman, Ennis and Leach.
Miscellaneous Business
Delegate Iaquinta announced that he was absent on yesterday when the votes were taken on
H. B. 2300 (Roll Nos. 18 and 19), and that had he been present, he would have voted "Yea" thereon.
At 11:41 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Thursday, January 23, 2003.