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Thursday, January 23, 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 Wednesday, January 22, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2003, Allowing municipalities to self-insure together and promulgation of rules by the Commissioner of Insurance
,
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. 2003) was referred to the Committee on Finance.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2259, Allowing the civil service commission to increase the maximum age of applicants,

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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2259) was referred to the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2288, Relating to county commission approval for certain municipal annexation,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2288) was referred to the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2366, Requiring health benefit plans to issue uniform prescription drug information cards or technology,
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. 2366) was referred to the Committee on Finance.
Chairman R. M. Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2441, Increasing the minimum subscribed capital stock and capital surplus for new bank charter applications,

And,
H. B. 2443, Relating to the assessment of banking institutions,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2441 and H. B. 2443) were each referred to the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2190, Permitting certain farm vehicles to use the highways between sunset and sunrise,
And reports the same back without recommendation as to its passage, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2190) was referred to the Committee on the Judiciary.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2238, Requiring a certified railroad locomotive engineer to be in direct control of a train or locomotive movement,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2238) was referred to the Committee on the Judiciary.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Social Work Examiners, in accordance with section twelve, article one, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Medicine, 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 annual report of the West Virginia Division of Labor, in accordance with section four, article one, chapter twenty-one 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 Appraiser Licensing and Certification Board, 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 West Virginia Board of Accountancy, 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 and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 4 - "A Bill to amend and reenact section one, article six, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to civil judgments in magistrate court; and requiring notice of judgment by mail"; which was referred to the Committee on the Judiciary.
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. 82 - "A Bill to amend and reenact section six, article two-c, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to extending the time period for the study of the state system of orphan roads and bridges"; which was referred to the Committee on Roads and Transportation then 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
Com. Sub. for S. B. 93 - "A Bill to amend article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen-b, relating to violence against public employees"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

Delegates Beane, Kuhn, Ennis, Martin and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 7 - "Requesting the Federal Emergency Management Agency to expedite the process of updating West Virginia's flood insurance rate maps."
Whereas, As flood insurance rate maps age they may not accurately reflect flood hazard conditions, potentially creating a false sense of security for the citizens of West Virginia; and
Whereas, Outdated flood insurance rate maps may result in the construction of buildings, infrastructure and individual homes within the active flood-plain; and
Whereas, Flood hazards are dynamic and may change rapidly due to community development as well as natural processes in the watershed, exacerbating the need for up-to-date, comprehensive flood maps; and
Whereas, The Federal Emergency Management Agency is the governmental entity responsible for revising and updating flood insurance rate maps; and
Whereas, Eighty-eight percent of flood insurance rate maps in the State of West Virginia are ten years old or older and seventeen percent of West Virginia flood insurance rate maps are twenty years old or older; and
Whereas, The Legislature of the State of West Virginia does desire that the Federal Emergency Management Agency expedite its review and revision of the flood insurance rate maps; and
Whereas, Utilization of updated flood insurance rate maps will allow governmental officials to better protect the State's citizens from the ravages of flooding; and
Whereas, The severity of West Virginia's flood events in the last decade, particularly in the southern part of the State, indicates the urgency of the need for revision of flood insurance rate maps in West Virginia relative to the needs of other states; therefore, be it
Resolved by the Legislature of West Virginia:
That the Federal Emergency Management Agency, should immediately undertake to expedite the process of revising and updating the flood insurance rate maps of West Virginia and, further, that the Federal Emergency Management Agency should give priority to the mapping needs of the communities of West Virginia relative to those of other states.
Delegates Caputo, Manchin and Fleischauer offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 8 - "Requesting the United States Congress to enact legislation improving recreation on navigable rivers."
Whereas, West Virginia and many of the nation's states have rivers and lakes with federal locks and dams operated by the United States Army Corps of Engineers and these rivers and lakes provide pleasure boating and fishing and related recreations for all citizens or visitors to the United States; and
Whereas, Federal funding for Corps of Engineers' waterways infrastructure and operations on these lakes and rivers for the purposes of flood control, river flow maintenance, facilitation of river commerce and, for boating and related recreations have been inadequate for many decades; and
Whereas, Recreation and tourism, including boating, fishing and related recreations, are an important and growing part of the economy of West Virginia and the nation; and
Whereas, Recreational boating and fishing and related recreations on the nation's waterways are not now a charge assigned to the Corps of Engineers by Congress; and
Whereas, The proposed National Recreation Lakes Act (NRLA) now before Congress, amended to also apply the act to the nation's navigable rivers, and to add recreation to the Corps of Engineers' waterways responsibilities, is an appropriate vehicle for addressing waterways recreation needs, and
Whereas, Congress needs to adequately fund the Corps of Engineers to meet the infrastructure and operational needs of the nation's lakes and waterways; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the Congress of the United States to pass the National Recreation Lakes Act (NRLA), amended to also apply the act to the nation's navigable rivers; and, be it
Further Resolved, That the Congress adequately fund the NRLA; and, be it
Further Resolved, That the Congress further amend the NRLA to add recreational boating and fishing and related recreations to the Corps of Engineers' current mandates for facilitation of river commerce, flood control and river flow maintenance; and, be it
Further Resolved, That the Congress adequately fund the Corps of Engineers' waterways operations, so that decades of chronic under-funding of the nation's waterways infrastructure and operations is sufficiently addressed; and, be it
Further Resolved, That the Clerk is directed to send a copy of this resolution to the State congressional delegation.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Renner:
H. J. R. 9
- "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; permitting homeowners living with family members, or in nursing homes or other facilities as a result of illness, accident or infirmity of old age to retain a homestead exemption; 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.
On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Perdue, Hatfield, Brown, DeLong, Fleischauer, Foster, Frederick, Iaquinta, Mahan, Paxton, Spencer, Susman, Webster, Yost, Ashley, Carmichael, Hall, Howard, Schadler, Sobonya, Sumner:

H. C. R 9 - "Requesting the Joint Committee on Government and Finance to conduct a study on the childhood obesity epidemic in West Virginia in regards to chronic diseases, poor nutrition and inadequate exercise."
Whereas, The prevalence of obesity has increased sharply among American adolescents and children since its recognition nearly a half century ago as a national health risk; and
Whereas, According to the Department of Health and Human Resources, forty percent of children in West Virginia are found to be either overweight or obese; and
Whereas, Twenty-two percent of middle and high school students ages twelve to eighteen years, report that they engage in little or no strenuous physical activity with even higher percentages having high fat diets; and
Whereas, Physical education is taught only 2.6 days per week on average in elementary schools and only one semester on average in middle school with less than forty percent of students being able to pass the President's Physical Fitness Test; and
Whereas, Among school-age children, eighteen percent report eating five servings of fruit and vegetables daily; and
Whereas, Obesity presents numerous problems for children. In addition to increasing the risk of obesity in adulthood, childhood obesity is the leading cause of pediatric hypertension, is associated with Type II diabetes mellitus (also known as Adult On-set Diabetes), increases the risk of coronary heart disease, increases stress on the weight-bearing joints while also affecting relationships with peers; and
Whereas; The deleterious effects of obesity on chronic disease risks; its multiplicity of causes; its persistence from childhood into adult; the paucity of successful treatment options and the complexities of treatment guidelines, all argue for increased attention to the prevention of excessive weight gain starting as early in life as possible; and
Whereas, This societal challenge can be dealt with through a host of treatments such as, but not limited to; parent education, physical activity, diet management, behavior modification, and policy development; and
Whereas, Reversing these current trends among our youth will require a multifaceted approach as well as active participation of health officials, researchers, educators and legislators in the formulation of obesity prevention programs; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effects of the childhood obesity epidemic in the State of West Virginia in regards to sedentary lifestyle, poor nutrition and chronic diseases resulting from obesity; 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 legislative appropriations to the Joint Committee on Government and Finance.

Petitions

Delegate Stemple presented a petition, signed by ninety-eight residents of the 33rd Delegate District, requesting the Division of Highways to pave Tanner Fork Road in Gilmer County; which was referred to the Committee on Roads and Transportation.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2523 - "A Bill to amend and reenact section eighteen, article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article fifteen, chapter thirty-one of said code by adding thereto a new section, designated section six-c, all relating to the creation of a capitol renovation and improvement debt service fund, providing for the construction and financing of renovations to and improvement of the existing capitol complex and its appurtenant facilities; and authorizing the issuance of bonds by the West Virginia economic development authority to finance the construction of capital improvements and renovations to the existing capitol complex and its appurtenant facilities"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Ennis, Swartzmiller, DeLong, Caputo and Staton:

H. B. 2524 - "A Bill to amend and reenact section twelve, article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section nineteen, article eight, chapter sixty-one of said code, all relating to modifying the criminal intent requirement for animal cruelty crimes; increasing the fine applicable to convicted persons; eliminating the civil recovery limitation of the assessed value of a dog; creating a felony offense for intentionally torturing or maliciously killing animals; and mandating that persons convicted of animal cruelty be prohibited from possessing, owning or residing with animals for varying periods depending on whether the person is convicted of a misdemeanor or felony"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Michael, Craig, Amores, Kominar and Trump:

H. B. 2525 - "A Bill to amend and reenact section one, article one, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to venue and state courts"; to the Committee on the Judiciary.
By Delegates Amores, Mahan, Webb and Brown:
H. B. 2526 - "A Bill to amend and reenact section six, article two-a, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the compensation of family court judges"; to the Committee on the Judiciary then Finance.
By Delegates Amores, Caputo, Craig, Doyle, Faircloth, Foster and Perdue:

H. B. 2527 - "A Bill to amend chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve, relating to elections generally; establishing the West Virginia clean elections act; providing that the provisions of the act are applicable to candidates for the office of governor and candidates for seats in the Legislature; setting forth certain legislative findings and declarations; defining certain terms; setting forth eligibility criteria for qualifying party-independent candidates; requiring qualifying candidates to comply with all provisions of the act; prohibiting participating candidates from accepting private contributions other than specifically set forth in the act; requiring candidates to keep records and report to the state election commission; prohibiting the use of personal funds for certain purposes; providing for seed money contributions; requiring the state election commission to certify eligible candidates; providing that qualified candidates shall receive funding for election campaigns from the clean elections fund; specifying amounts of such funds for each office; requiring certain disclosures; setting forth certain duties of the state election commission; establishing a clean elections fund; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date"; to the Committee on the Judiciary then Finance.
By Delegates Beane, Kuhn, Ennis, Martin and Walters:
H. B. 2528 - "A Bill to amend article twenty-one-a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen, relating to the creation of a ten-member flood prevention task force generally; designating members; appointment of certain members by the governor; advisory members; secretary; travel expenses for certain members; meetings; coordination of federal, state and local governmental response to flooding; office space and staff support"; to the Committee on Government Organization then Finance.
By Delegates Beane, Kuhn, Brown, Ellem and Leggett:
H. B. 2529 - "A Bill to amend and reenact sections five-a, five-b, five-c and five-d, article five, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the licensure and regulation of psychophysiological detection of deception examiners; creating categories of licensure; authorizing legislative rules; prohibited activities; and penalties"; to the Committee on Government Organization then Finance.
By Delegates Beane, Kuhn, Perdue, DeLong, Hatfield, Manchin, and Overington:

H. B. 2530 - "A Bill to amend and reenact section three, article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to planning and zoning; defining aggrieved person for purposes of board of zoning appeals"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Beane, Kuhn, Perdue, DeLong, Hatfield, Manchin, and Overington:

H. B. 2531
- "A Bill to amend article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections eighty-six and eighty-seven, all relating to proffers"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Cann, Fleischauer, Iaquinta, Fragale and Beach:
H. B. 2532 - "A Bill to amend article thirteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven-a, relating to permitting municipalities to levy an occupation privilege fee; setting forth the maximum occupation fee; setting forth an effective date; providing restrictions and uses on revenues derived from the occupation fee; pension stabilization fund; and termination of fee"; to the Committee on Political Subdivisions then Finance.
By Delegates Craig and Morgan:
H. B. 2533 - "A Bill to establish the western West Virginia highway authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers; and powers of authority"; to the Committee on Government Organization then Finance.
By Delegates Doyle, Manuel, Tabb, Campbell, Duke, Blair and Trump:

H. B. 2534 - "A Bill to amend and reenact section eighty-five, article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the tax on the privilege of transferring title to real estate; and eliminating the maximum value of the property to which the tax applies"; to the Committee on Finance.
By Delegates Fleischauer, Beach, Houston and Frich:
H. B. 2535 - "A Bill to amend and reenact section two, article one-a, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the rails to trails program generally; prohibiting access by certain motorized vehicles and setting forth penalties for violations"; to the Committee on Government Organization then the Judiciary.
By Delegate Iaquinta:
H. B. 2536 - "A Bill to amend chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article eleven-b, relating to requiring the use of helmets by skateboarders"; to the Committee on the Judiciary.
By Delegates Iaquinta and Hrutkay:
H. B. 2537 - "A Bill to amend article six-g, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six, relating to providing a criminal penalty for transmitting bulk electronic mail messages which are unsolicited"; to the Committee on the Judiciary.
By Delegates Manuel, Doyle and Poling:
H. B. 2538 - "A Bill to amend and reenact sections eight and eight-a, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to creating a new classification of service personnel known as executive secretary and coordinator of board services with an 'H' pay scale"; to the Committee on Education then Finance.
By Delegates Perry, Shaver and Crosier:
H. B. 2539 - "A Bill to amend article three, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to designating school crossing signs by the color lime green"; to the Committee on Roads and Transportation then Finance.
By Delegates Perry, Shaver, Pino, Beach and Ennis:
H. B. 2540 - "A Bill to amend and reenact section one, article two, chapter two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing good Friday as a legal holiday"; to the Committee on Government Organization then Finance.
By Delegate Schadler:
H. B. 2541 - "A Bill to amend and reenact section five, article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section twelve, article seven, chapter sixty of said code, all relating to allowing municipalities to regulate by ordinance the hours of sale and dispensing of nonintoxicating beer, wine and alcoholic liquors by holders of a license to operate a private club; and providing that these ordinances do not allow sales during periods of time prohibited by rules of the alcohol beverage control commissioner"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Stalnaker and Williams:
H. B. 2542 - "A Bill to amend and reenact section six-a, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that the remuneration paid to senior magistrates, temporarily appointed cannot exceed twenty thousand dollars per year"; to the Committee on the Judiciary then Finance.
By Delegate Swartzmiller (By Request):
H. B. 2543 - "A Bill to amend and reenact section thirteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing county board of education professional employees to drive certain rental or leased vehicles with a seating capacity of less than ten passengers to transport pupils to school-sponsored activities"; to the Committee on Education then Finance.
By Delegates R. Thompson, Perdue and Kominar:
H. B. 2544 - "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 five-u, relating to the creation of a forensic dental office to provide an authoritative resource to identify unknown individuals by means of dental records; providing for the appointment of a director by the governor; selection of skilled teams to provide services in mass disasters and other occurrences; duties; facilities; salaries and fees; removal of director; and requiring hearing upon removal"; to the Committee on Government Organization then Finance.
By Delegates Walters, Armstead and Webb:
H. B. 2545 - "A Bill to amend and reenact section one, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto two new sections, designated sections four-g and four-h, all relating to legislative findings; providing for a five percent tax reduction to all personal income tax rates"; to the Committee on Finance.
By Delegate Warner:
H. B. 2546 - "A Bill to amend and reenact section twelve, article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section nineteen, article eight, chapter sixty-one of said code, all relating to modifying the criminal intent requirement for animal cruelty crimes; increasing the fine applicable to convicted persons; and, eliminating the civil recovery limitation of the assessed value of a dog; creating a felony offense for intentionally torturing or maliciously killing animals; and, mandating that persons convicted of animal cruelty be prohibited from possessing, owning or residing with animals for varying periods depending on whether the person is convicted of a misdemeanor or felony"; to the Committee on the Judiciary.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2547 - "A Bill to amend article five, 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-seven, relating to the redomestication of domestic insurance companies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2548 - "A Bill to amend and reenact section nine, article thirty-three, chapter thirty- three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the requirement that a certified public accountant must notify the insurer's board of directors or its audit committee if the insurer has materially misstated the insurer's financial condition"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Williams and Michael:
H. B. 2549 - "A Bill to amend and reenact sections one, two, four, five, five-a, six, seven, eight, nine, eleven, twelve, fourteen, sixteen, seventeen and eighteen, article thirteen-a, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the practice of land surveying license; changing the qualifications for obtaining a land surveying; authorizing the land surveying board to set certain fees; and providing minimum standards for boundary surveys"; to the Committee on Government Organization.
By Delegate Yeager (By Request):
H. B. 2550 - "A Bill to amend and reenact section seven-a, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to setting forth an exception to the rule against transferring personnel after the instructional term has begun"; to the Committee on Education.
By Delegate Yeager (By Request):
H. B. 2551 - "A Bill to amend and reenact section eight-b, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school service personnel generally and prohibiting the voluntary transfer of school service personnel to a different position five days prior to and during the school term; exceptions and findings"; to the Committee on Education.
By Delegates Yeager (By Request) and Mezzatesta:
H. B. 2552 - "A Bill to amend and reenact section eight, article twenty-nine, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the losing party to pay all costs of education grievance procedures for levels two and three"; to the Committee on Education then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Kominar, Cann, Border, Webb, Amores and Pino:

H. B. 2553 - "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 eleven-a, relating to construction defect claims in dwellings asserting property loss and damage"; to the Committee on the Judiciary.
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. 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

First Reading

Com. Sub. for H. B. 2203, Relating generally to the requirement of wearing seat belts in automobiles; on first reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
At 12:02 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Friday, January 24, 2003.