__________*__________

Friday, January 24, 2003


The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, January 23, 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. 2282, Relating to payment to magistrates who serve temporarily outside their elected counties,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2282) was referred to the Committee on Finance.
Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2197, Providing a criminal penalty for a county board member to willfully and knowingly attempt to exercise authority outside statutory authority,
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. 2197) was referred to the Committee on the Judiciary.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Department of Environmental Protection, 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 Division of Forestry, in accordance with the provisions of the code; which was filed in the Clerk's Office.
The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:
June 5, 2003

The Honorable Gregory M. Gray
Clerk, House of Delegates
State Capitol
Charleston, WV 25305
The Honorable Darrell Holmes
Clerk, Senate
State Capitol
Charleston, WV 25305
Gentlemen:
In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of all of the proposed legislative rules which have been submitted to and acted upon by the Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which have not previously been submitted to the Legislature for study.
Also, attached is a report listing all of the proposed legislative rules considered by the Committee and setting forth the recommendations of the Committee with respect to the proposed legislative rules. This letter also serves as a statement that a separate bill authorizing the promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.
In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making Review Committee, are requesting that the names of all Committee members be placed upon the draft bills as sponsors in their respective houses.
Thank you for your cooperation.
Sincerely,
Mike Ross,
Senate
Virginia Mahan,
House of Delegates
Whereupon,
Mr. Speaker, Mr. Kiss, presented the report of the Legislative Rule-Making Review Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which was read by the Clerk and the accompanying rules were referred as follows:
June 5, 2003

West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the Legislative Rule-Making Review Committee, we submit this report of its activities. A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted, as modified or as modified and amended has been drafted by the staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.
The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:
Agriculture, Department of

Inspection of Meat and Poultry, 61CSR16 [H. B. 2560].

Consolidated Public Retirement Board

Public Employees Retirement System, 162CSR5 [H. B. 2561].

DEP-Air Quality, Division of

Nox Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Non-Electric Generating Units, 45CSR1 [H. B. 2562].

DEP-Air Quality, Division of

Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits and Procedures for Evaluation, 45CSR13 [H. B. 2563].

DEP-Air Quality, Division of

Standards of Performance for New Stationary Sources Pursuant to 40 CFR Part 60, 45CSR16 [H. B. 2564].

DEP-Air Quality, Division of

To Prevent and Control Air Pollution from Hazardous Waste Treatment, Storage or Disposal Facilities, 45CSR25 [H. B. 2565].

DEP-Air Quality, Division of

Nox Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Electric Generating Units, 45CSR26 [H. B. 2566].

DEP-Air Quality, Division of

Requirements for Operating Permits, 45CSR30 [H. B. 2567].

DEP-Air Quality, Division of

Emission Standards for Hazardous Air Pollutants for Source Categories Pursuant to 40 CFR Part 63, 45CSR34 [H. B. 2568].

Environmental Quality Board

Requirements Governing Water Quality Standards, 46CSR1 [H. B. 2569].

Ethics Commission

Lobbying, 158CSR12 [H. B. 2570].

Governor's Committee on Crime, Delinquency and Correction

Community Correction Standards, 149CSR4 [H. B. 2571].

Highways, Division of

Traffic and Safety Rule, 157CSR5 [H. B. 2572].

Highways, Division of

Transportation of Hazardous Wastes Upon the Roads and Highways, 157CSR7

[H. B. 2573].
Insurance Commissioner

"Tail" Malpractice Insurance Covering Certain Medical and Allied Health Care Providers, 114CSR30 [ H. B. 2574].

Insurance Commissioner

Quality Assurance, 114CSR53 [H. B. 2575].

Insurance Commissioner

Medical Malpractice Insurance Consent to Rate and Guide "A" Rate Agreements, 114CSR59 [H. B. 2576].

Manufactured Housing Construction and Safety Standards Board

West Virginia Manufactured Housing Construction and Safety Standards Board, 42CSR19 [H. B. 2577].

Motor Vehicles, Division of

Examination and Issuance of Driver's Licenses, 91CSR4 [H. B. 2578].

Motor Vehicles, Division of

Motor Vehicle Test and Lock Program, 91CSR9 [H. B. 2579].

Motor Vehicles, Division of

Motor Vehicle Inspection Manual, 91CSR12 [H. B. 2580].

Natural Resources, Division of

Special Boating Rule, 58CSR26 [H. B. 2581].

Real Estate Appraiser Licensing and Certification Board

Renewal of Licensure or Certification, 190CSR3 [H. B. 2582].

Real Estate Commission

Requirements in Licensing Real Estate Brokers, Associate Brokers and Salespersons and the Conduct of Brokerage Business, 174CSR1 [H. B. 2583].

Real Estate Commission

Schedule of Fees, 174CSR2 [H. B. 2584].

Veterinary Medicine, Board of

Schedule of Fees, 26CSR6 [H. B. 2585].

The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were approved by the Committee with the modifications and with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:
Administration, Department of

Parking, 148CSR6 [H. B. 2586].

Administration, Department of

General Administration of Records Management and Preservation, 148CSR12 [H. B. 2857].

Administration, Department of

Records Retention and Disposal Scheduling, 148CSR13 [H. B. 2588].

Administration, Department of

Management of Records Maintained by Records Center, 148CSR14 [H. B. 2589].

Administration, Department of

Rule for Technology Access for Visually Impaired, 148CSR15 [H. B. 2590].

Administration, Department of

Rules and Regulations for Qualifications for Participation, 186CSR4 [H. B. 2591].

Auditor, Office of the State

Standards for Requisitions for Payment Issued by State Officers on the Auditor, 155CSR1 [H. B. 2592].

Auditor, Office of the State

Transaction Fee and Rate Structure, 155CSR4 [H. B. 2593].

Consolidated Public Retirement Board

Benefit Determination and Appeal, 162CSR2 [H. B. 2594].

Consolidated Public Retirement Board

Teachers Defined Benefit Plan, 162CSR4 [H. B. 2595].

Consolidated Public Retirement Board

West Virginia State Police Disability Determination and Appeal Process, 162CSR9

[H. B. 2596].
Contractor Licensing Board

West Virginia Contractor Licensing Act, 28CSR2 [H. B. 2597].

Courthouse Facilities Improvement Authority

Courthouse Facilities Improvement Authority, 203CSR1 [H. B. 2598].

Culture and History

Cultural Facilities and Capital Resources Grant Program, 82CSR7 [H. B. 2599].

DEP-Air Quality, Division of

Acid Rain Provisions and Permits, 45CSR33 [H. B. 2600].

DEP-Mining and Reclamation, Division of

Surface Mining Reclamation Rule, 38CSR2 [H. B. 2601].

DEP-Mining and Reclamation, Division of

Coal Related Dam Safety Rule, 38CSR4 [H. B. 2602].

DEP-Waste Management, Division of

Standards for Beneficial Use of Materials Similar to Sewage Sludge, 33CSR8 [H. B. 2603].

DEP-Waste Management, Division of

Hazardous Waste Management, 33CSR20 [H. B. 2604].

DEP-Waste Management, Division of

Hazardous Waste Management Fund Certification Legislative Rule Concerning Fee Assessment, 33CSR24 [H. B. 2605].

DEP-Water Resources, Division of

Water Pollution Control Permit Fee Schedules, 47CSR26 [H. B. 2606].

Dental Examiners, Board of

Rule for the West Virginia Board of Dental Examiners, 5CSR1 [H. B. 2607].

Dental Examiners, Board of

Formation and Approval of Dental Corporations, 5CSR6 [H. B. 2608].

Development Office

Community Development Assessment and Real Property Valuation Procedures for Office of Coalfield Development, 145CSR8 [H. B. 2609].

Family Protection Services Board

Operation of the Family Protection Services Board, 191CSR1 [H. B. 2610].

Family Protection Services Board

Licensure of Domestic Violence and Perpetrator Intervention Programs, 191CSR2

[H. B. 2611].
Family Protection Services Board

Perpetrator Intervention Program Licensure, 191CSR3 [H. B. 2612].

Family Protection Services Board

Monitored Visitation and Exchange Program Certification, 191CSR4 [H. B. 2613].

Fire Commission, State

State Building Code, 87CSR4 [H. B. 2614].

Fire Commission, State

Fire Department Rescue Services, 87CSR6 [H. B. 2615].

Forestry, Division of

Sediment Control During Commercial Timber-Harvesting Operations - Licensing, 22CSR2 [H. B. 2616].

Forestry, Division of

Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification, 22CSR3 [H. B. 2617].

Funeral Service Examiners, Board of

General Provisions, 6CSR1 [H. B. 2618].

Funeral Service Examiners, Board of

Crematory Requirements, 6CSR2 [H. B. 2619].

Governor's Committee on Crime, Delinquency and Correction

Law Enforcement Training Standards, 149CSR2 [H. B. 2620].

Health Care Authority

Benchmarking and Discount Contract Rule, 65CSR26 [H. B. 2621].

Health and Human Resources

Nurse Aide Abuse Registry, 69CSR6 [H. B. 2622].

Health, Division of

Sewage Treatment and Collection System Design Standards, 64CSR47 [H. B. 2623].

Health, Division of

Medical Examiner Rule for Postmortem Inquiries, 64CSR84 [H. B. 2624].

Health, Division of

Surrogates for Incapacitated Persons in Health Care Facilities Operated by the Department of Health and Human Resources, 64CSR86 [H. B. 2625].

Health, Division of

Uniform Credentialing of Health Care Practitioners, 64CSR89 [H. B. 2626].

Human Services, Division of

Day Care Centers Licensing, 78CSR1 [H. B. 2627].

Human Services, Division of

Tel-Assistance Program, 78CSR15 [H. B. 2628].

Human Services, Division of

Family Day Care Home Registration Requirements, 78CSR19 [H. B. 2629].

Insurance Commissioner

Licensing and Conduct of Agents, Agencies and Solicitors, 114CSR2 [H. B. 2630].

Insurance Commissioner

Unfair Trade Practices, 114CSR14 [H. B. 2631].

Insurance Commissioner

Examiners' Compensation, Qualifications and Classification, 114CSR15 [H. B. 2632].

Insurance Commissioner

Excess Line Brokers, 114CSR20 [H. B. 2633].

Insurance Commissioner

AIDS Regulations, 114CSR27 [H. B. 2634].

Insurance Commissioner

Group Accident and Sickness Insurance Minimum Policy Coverage Standards, 114CSR39 [H. B. 2635].

Insurance Commissioner

Continuing Education for Individual Insurance Producers, 114CSR42 [H. B. 2636].

Insurance Commissioner

Credit Personal Property Insurance, 114CSR61 [H. B. 2637].

Insurance Commissioner

Standards for Safeguarding Consumer Information, 114CSR62 [H. B. 2638].

Insurance Commissioner

Standard Motor Vehicle Policy Provisions, 114CSR63 [H. B. 2639].

Insurance Commissioner

Mental Health Parity, 114CSR64 [H. B. 2640].

Juvenile Services, Division of
West Virginia Minimum Standards for Structure, Operation and Maintenance of Juvenile Detention and Correctional Facilities, 101CSR1 [H. B. 2641].

Labor, Division of

Elevator Safety Act, 42CSR21 [H. B. 2642].

Labor, Division of

Regulation of Trade Weights and Measures, 42CSR22 [H. B. 2643].

Massage Therapy Licensure Board

General Provisions, 194CSR1 [H. B. 2644].

Medicine, Board of

Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants, 11CSR1B [H. B. 2645].

Miner Training, Education and Certification, Board of

Rules and Regulations Governing the Standards for Certification of Coal Mine Electricians, 48CSR7 [H. B. 2646].

Motor Vehicles, Division of

Denial, Suspension, Revocation or Non-renewal of Driving Privileges, 91CSR5

[H. B. 2647].

Motor Vehicles, Division of

Motor Vehicle Dealers, Wrecker/Dismantler/Rebuilders and License Services, Automobile Auctions, Vehicle Leasing Companies, Daily Passenger Rental Car Businesses and Administrative Due Process, 91CSR6 [H. B. 2648].

Natural Resources, Division of

Revocation of Hunting and Fishing Licenses, 58CSR23 [H. B. 2649].

Natural Resources, Division of

Prohibitions When Hunting and Trapping, 58CSR47 [H. B. 2650].

Natural Resources, Division of

Deer Hunting Regulations, 58CSR50 [H. B. 2651].

Nursing Home Administrators Licensing Board

Nursing Home Administrators, 21CSR1 [H. B. 2652].

Oil and Gas Conservation Commission

Rules of the Commission, 39CSR1 [H. B. 2653].

Optometry, Board of

Licensure by Endorsement, 14CSR8 [H. B. 2654].

Personnel, Division of

Administrative Rule of the West Virginia Division of Personnel, 143CSR1 [H. B. 2655].

Pharmacy, Board of

Controlled Substances Monitoring, 15CSR8 [H. B. 2656].

Pharmacy, Board of

Board of Pharmacy Rule for Pharmacist Recovery Networks, 15CSR10 [H. B. 2657].

Radiologic Technology Board of Examiners

Rule of the West Virginia Board of Examiners of Radiologic Technology, 18CSR1

[H. B. 2658].
Real Estate Appraiser Licensing and Certification Board

Requirements for Licensure and Certification, 190CSR2 [H. B. 2659].

Real Estate Commission

Requirements in Approval and Registration of Real Estate Courses, Course Providers and Instructors, 174CSR3 [H. B. 2660].

Secretary of State

Registry for Notification of a State of Emergency, 153CSR33 [H. B. 2661].

State Police

West Virginia State Police Career Progression System, 81CSR3 [H. B. 2662].

Tax Commissioner

Payment of Taxes by Electronic Funds Transfer, 110CSR10F [H. B. 2663].

Tax Commissioner

Tax Credit for Medical Malpractice Insurance Premiums, 110CSR13P [H. B. 2664].

Veterinary Medicine, Board of

Standards of Practice, 26CSR4 [H. B. 2665].

The Committee submits the following legislative rule which was modified by the agencies in accordance with the provisions of West Virginia Code, §29A-3-14, and which was approved by the Committee with the modifications and with the recommendation that the rule be authorized for adoption by the agencies with amendment:
Natural Resources, Division of

Commercial Sale of Wildlife, 58CSR63 [H. B. 2666].

The Committee submits the following legislative rule to the Legislature with the recommendation that the rule be withdrawn by the agency:
Pharmacy, Board of

Board of Pharmacy Fees for Pharmacist Recovery Networks, 15CSR11 [H. B. 2667].

The Committee submits the following bills with the recommendation that the bills be passed by the Legislature:
Credentialing of Health Care Practitioners [H. B. 2668].

Hazardous Waste Management [H. B. 2669].
Respectively submitted,
Legislative Rule-Making
Review Committee

Mike Ross,
State Senate
Virginia Mahan,
House of Delegates
Co-Chairman
Resolutions Introduced

Delegates Shaver, Stemple, Varner, Swartzmiller, Beach, Perry and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 10 - "Requesting the Joint Committee on Government and Finance to make a study of the advisability of seeking to improve the West Virginia Department of Transportation Employee Handbook in an effort to provide a clearer explanation of the meaning of and implications involved in, the term 'seniority' relative to the employees under the authority of that department."
Whereas, The Department of Transportation has endured a disproportionally high number of grievances involving claims of discrimination based on personnel decisions involving questions of seniority; and
Whereas, It is probable that fashioning a clearer explanation of the term "seniority," to be viewed in similar fashion by employees under the authority of the Department of Transportation, would earlier resolve questions concerning seniority and thereby, reduce the cost involved in the grievance procedure while, additionally, reducing hostility among employees and improving employee morale; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby directed to review, examine and study the advisability of seeking to improve the West Virginia Department of Transportation Employee Handbook in an effort to provide a clearer explanation of the meaning of and implications involved in, the term "seniority" relative to the employees under the authority of that department; and, be it
Further Resolved, That the said 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 and to prepare a report be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate Staton and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting the West Virginia Division of Highways to name the bridge located on Route 85, Kopperston Road, Wyoming County, West Virginia, the 'Wavel Wayne Powell Bridge'."
Whereas, Wavel Wayne Powell was born on November 17, 1948, at Toney Fork, Kopperston Road, Route 85, Wyoming County, West Virginia, to Opal Brown Powell and Theodore W. Powell; and
Whereas, Wavel Wayne Powell attended Oceana High School, graduating in May, 1966; and
Whereas, Wavel Wayne Powell, unmarried, enlisted in the United States Army serving as a Private First Class with the 3rd Squadron 11th Armored Cavalry Regiment in the Republic of Vietnam where he started his tour of duty on March 31, 1969, until he was killed in action on May 2, 1969, in Binh Duong Province of South Vietnam; and
Whereas, Wavel Wayne Powell was awarded the following medals posthumously for actions and conduct for participating in aerial flight in Vietnam while serving as a helicopter crew chief and gunner: From April 13, 1969, to April 26, 1969, the Air Medal for Meritorious Achievement, from April 27, 1969, to May 1, 1969, the Air Medal First Oak Leaf Cluster for Meritorious Achievement, on April 27, 1969, the Air Medal Second Oak Leaf Cluster for Heroism, from March, 1969 to May, 1969, the Bronze Star for Meritorious Achievement in Ground Operations against hostile forces, for actions resulting in his death on May 2, 1969, the Purple Heart and from the President of the Republic of Vietnam on May 2, 1969, the Military Merit Medal; and
Whereas, Wavel Wayne Powell was 20 years old when he died in the service of his country, a world away from his native state of West Virginia and his family and friends; prior to his death, he had actively participated in more than 25 aerial missions over hostile territory in support of counterinsurgency operations. His conduct exhibited discipline, bravery and devotion to his military service, his fellow servicemen and his country; and
Whereas, Wavel Wayne Powell unselfishly made the supreme sacrifice for his country, state, family and friends and in so doing, joined the legions of young American men and women who have given their lives in past decades so that other people might have a chance to know the meaning of freedom which is so dear to Americans and West Virginians, who have died and will continue to die to defend it; and
Whereas, The life and sacrifice of Wavel Wayne Powell should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to name the bridge located on Route 85, Kopperston Road, Wyoming County, West Virginia, near the family home and the bridge he played on and under as a child the "Wavel Wayne Powell Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the 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 surviving relatives of Wavel Wayne Powell
.
Petitions

Delegates Manchin and Caputo presented a petition, signed by five hundred ninety-six residents of the 43rd Delegate District, urging support of home schoolers to be allowed to participate in public school sports programs; which was referred to the Committee on Education.
Delegate Pethtel presented a petition, signed by forty-three employees and residents of personal care homes, requesting an increase in the reimbursement rate to personal care homes for West Virginia residents who need assistance; which was referred to the Committee on Health and Human Resources.
Bills Introduced

On motions for leave, bills were introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that they each do pass), which were read by their title, as follows:
By Delegates Beane, Kuhn, Butcher, Manuel, Spencer, Leggett and Schoen:
H. B. 2554 - "A Bill to amend and reenact section three-a, article one, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to further amend said article by adding thereto a new section, designated section three-b, all relating to the continuation of the marketing and development division of the department of agriculture,"
And,
By Delegates Beane, Kuhn, Ferrell, Yeager, Iaquinta, Leggett and Azinger:

H. B. 2555 -- "A Bill to amend and reenact section three, article ten-c, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the continuation of West Virginia's membership in the southern regional education compact."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2554 and H. B. 2555) will be placed on the Consent Calendar.
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss:

H. B. 2556 - "A Bill to amend article two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen-a, relating to requiring the insurance commissioner to issue an annual communication to state and local governmental entities and nonprofit organizations to increase awareness of certain flood insurance issues"; to the Committee on Banking and Insurance then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2557 - "A Bill to amend article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-h, relating to clarifying that certain consultant services are professional services and excepted from the sales and use tax"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2558 - "A Bill to amend article three, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to requiring public utilities to maintain an authorized payment agent in each county in which it does business"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2559 - "A Bill to amend and reenact section five, article twelve, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section eleven, article two, chapter eleven-a of said code; and to further amend said article by adding thereto a new section, designated section twenty, all relating to payment of personal property taxes as a condition precedent to receiving or maintaining a business registration certificate; requiring sheriffs to notify delinquent personal property owners; and requiring the tax commissioner to suspend or refuse to issue a business registration certificate where business has not paid delinquent personal property taxes"; to the Committee on the Judiciary then Finance.
Legislative Rule-Making Review Bills

The following bills were introduced authorizing the promulgation of legislative rules:
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2560 - "A Bill to amend and reenact section two, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the commissioner of agriculture to promulgate a legislative rule relating to the inspection of meat and poultry"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2561 - "A Bill to amend and reenact section two, 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 the public employees retirement system"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2562 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to the NOx budget trading program as a means of control and reduction of nitrogen oxides from non-electric generating units"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2563 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to permits for the construction, modification, relocation and operation of stationary sources of air pollutants, notification requirements, administrative updates, temporary permits, general permits and procedures for evaluation"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2564 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to standards of performance for new stationary sources pursuant to 40 CFR part 60"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2565 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2566 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to the NOx budget trading program as a means of control and reduction of nitrogen oxides from electric generating units"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2567 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to requirements for operating permits"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2568 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2569 - "A Bill to amend and reenact section two, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the environmental quality board to promulgate a legislative rule relating to requirements governing water quality standards"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2570 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the ethics commission to promulgate a legislative rule relating to lobbying"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2571 - "A Bill to amend and reenact section seven, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the governor's committee on crime, delinquency and correction to promulgate a legislative rule relating to community corrections standards"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2572 - "A Bill to amend and reenact section one, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of highways to promulgate a legislative rule relating to traffic and safety"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2573 - "A Bill to amend and reenact section one, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2574 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to 'tail' insurance covering certain medical and allied health care providers"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2575 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to quality assurance"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2576 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to medical malpractice insurance consent to rate and guide 'A' rate agreements"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2577 - "A Bill to amend and reenact section four, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the manufactured housing construction and safety standards board to promulgate a legislative rule relating to the board"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2578 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of motor vehicles to promulgate a legislative rule relating to the examination and issuance of driver's licenses"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2579 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of motor vehicles to promulgate a legislative rule relating to the motor vehicle test and lock program"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2580 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of motor vehicles to promulgate a legislative rule relating to the motor vehicle inspection manual"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2581 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to special boating"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2582 - "A Bill to amend and reenact section thirteen, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the real estate appraiser licensing and certification board to promulgate a legislative rule relating to renewal of licensure and certification"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2583 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the real estate commission to promulgate a legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of brokerage businesses"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2584 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the real estate commission to promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2585 - "A Bill to amend and reenact section eighteen, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of veterinary medicine to promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2586 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of administration to promulgate a legislative rule relating to parking"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2587 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of administration to promulgate a legislative rule relating to the general administration of records management and preservation"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2588 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of administration to promulgate a legislative rule relating to records retention and disposal scheduling"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2589 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of administration to promulgate a legislative rule relating to the management of records maintained by the records center"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2590 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of administration to promulgate a legislative rule relating to technology access for the visually impaired"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2591 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of administration to promulgate a legislative rule relating to qualifications for participation"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2592 - "A Bill to amend and reenact section four, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the auditor to promulgate a legislative rule relating to the standards for requisitions for payment issued by state officers on the auditor"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2593 - "A Bill to amend and reenact section four, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the auditor to promulgate a legislative rule relating to the transaction fee and rate structure"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2594 - "A Bill to amend and reenact section two, 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 benefit determination and appeal"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2595 - "A Bill to amend and reenact section two, 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 the teachers defined benefit plan"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2596 - "A Bill to amend and reenact section two, 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 the West Virginia state police disability determination and appeal process"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2597 - "A Bill to amend and reenact section five, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the contractor licensing board to promulgate a legislative rule relating to the West Virginia contractor licensing act"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2598 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the courthouse facilities improvement authority to promulgate a legislative rule relating to the authority"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2599 - "A Bill to amend and reenact section one, article four, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of culture and history to promulgate a legislative rule relating to the cultural facilities and capital resources grant program"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2600 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to acid rain provisions and permits"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2601 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to surface mining and reclamation"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2602 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to coal related dam safety"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2603 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to standards for the beneficial use of materials similar to sewage sludge"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2604 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to hazardous waste management"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2605 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to the hazardous waste management fund certification legislative rule concerning fee assessment"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2606 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to water pollution control permit fee schedules"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2607 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the board of dental examiners to promulgate a legislative rule relating to the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2608 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the board of dental examiners to promulgate a legislative rule relating to the formation and approval of dental corporations"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2609 - "A Bill to amend and reenact section one, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the development office to promulgate a legislative rule relating to community development assessment and real property valuation procedures for the office of coal field development"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2610 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the family protection services board to promulgate a legislative rule relating to the operation of the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2611 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the family protection services board to promulgate a legislative rule relating to the licensure of domestic violence and perpetrator intervention programs"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2612 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the family protection services board to promulgate a legislative rule relating to perpetrator intervention program licensure"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2613 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the family protection services board to promulgate a legislative rule relating to monitored visitation and exchange program certification"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2614 - "A Bill to amend and reenact section one, article six, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the fire commission to promulgate a legislative rule relating to the state building code"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2615 - "A Bill to amend and reenact section one, article six, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the fire commission to promulgate a legislative rule relating to fire department rescue services"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2616 - "A Bill to amend article ten, chapter sixty-four 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 authorizing the division of forestry to promulgate a legislative rule relating to sediment control during commercial timber harvesting operations - licensing"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2617 - "A Bill to amend article ten, chapter sixty-four 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 authorizing the division of forestry to promulgate a legislative rule relating to sediment control during commercial timber harvesting operations - logger certification"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2618 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the board of funeral service examiners to promulgate a legislative rule relating to the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2619 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the board of funeral service examiners to promulgate a legislative rule relating to the crematory requirements"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2620 - "A Bill to amend and reenact section seven, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the governor's committee on crime, delinquency and correction to promulgate a legislative rule relating to law enforcement training standards"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2621 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the health care authority to promulgate a legislative rule relating to bench-marking and discount contracts"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2622 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two, relating to authorizing the department of health and human resources to promulgate a legislative rule relating to the nurse aid abuse registry"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2623 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two, relating to authorizing the division of health to promulgate a legislative rule relating to sewage treatment and collection system design standards"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2624 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two, relating to authorizing the division of health to promulgate a legislative rule relating to the medical examiner rule for post mortem inquiries"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2625 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two, relating to authorizing the division of health to promulgate a legislative rule relating to surrogates for incapacitated persons in health care facilities operated by the department of health and human resources"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2626 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two, relating to authorizing the division of health to promulgate a legislative rule relating to the uniform credentialing of health care practitioners"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2627 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two, relating to authorizing the division of human services to promulgate a legislative rule relating to day care centers licensing"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2628 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two, relating to authorizing the division of human services to promulgate a legislative rule relating to the tel-assistance program"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2629 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two, relating to authorizing the division of human services to promulgate a legislative rule relating to family day care home registration requirements"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2630 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to the licensing and conduct of agents, agencies and solicitors"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2631 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to unfair trade practices"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2632 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to examiners' compensation, qualifications and classification"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2633 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to excess line brokers"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2634 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to aids"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2635 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to group accident and sickness insurance minimum policy coverage standards"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2636 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2637 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to credit personal property insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2638 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to standards for safeguarding consumer information"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2639 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to standard motor vehicle policy provisions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2640 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to mental health parity"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2641 - "A Bill to amend article six, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four, relating to authorizing the juvenile facilities standards commission to promulgate a legislative rule relating to minimum standards for the structure, operation and maintenance of juvenile detention and correctional facilities"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2642 - "A Bill to amend and reenact section three, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the elevator safety act"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2643 - "A Bill to amend and reenact section three, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the regulation of trade - weights and measures"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2644 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the massage therapy licensure board to promulgate a legislative rule relating to the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2645 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the board of medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures, continuing education and physician assistants"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2646 - "A Bill to amend article ten, chapter sixty-four 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 authorizing the board of miner training, education and certification to promulgate a legislative rule relating to the standards for certification of coal mine electricians"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2647 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of motor vehicles to promulgate a legislative rule relating to the denial, suspension, revocation or non-renewal of driving privileges"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2648 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of motor vehicles to promulgate a legislative rule relating to motor vehicle dealers, wrecker/dismantle/re-builders and license services, automobile auctions, vehicle leasing companies, daily passenger rental car businesses and administrative due process"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2649 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to the revocation of hunting and fishing licenses"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2650 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to prohibitions when hunting and trapping"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2651 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to deer hunting"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2652 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the nursing home administrators licensing board to promulgate a legislative rule relating to nursing home administrators"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2653 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to the oil and gas conservation commission"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2654 - "A Bill to amend and reenact section ten, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of optometry to promulgate a legislative rule relating to licensure by endorsement"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2655 - "A Bill to amend article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to authorizing the division of personnel to promulgate a legislative rule relating to the division"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2656 - "A Bill to amend and reenact section eleven, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of pharmacy to promulgate a legislative rule relating to controlled substances monitoring"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2657 - "A Bill to amend and reenact section eleven, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of pharmacy to promulgate a legislative rule relating to pharmacist recovery networks"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2658 - "A Bill to amend and reenact section twelve, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of radiologic technology to promulgate a legislative rule relating to the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2659 - "A Bill to amend and reenact section thirteen, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the real estate appraiser licensing and certification board to promulgate a legislative rule relating to requirements of licensure and certification"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2660 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the real estate commission to promulgate a legislative rule relating to the requirements in approval and registration of real estate courses, course providers and instructors"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2661 - "A Bill to amend and reenact section fifteen, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the secretary of state to promulgate a legislative rule relating to the registry for notification of a state of emergency"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2662 - "A Bill to amend and reenact section three, article six, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the state police to promulgate a legislative rule relating to the state police career progression system"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2663 - "A Bill to amend and reenact section one, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the tax commissioner to promulgate a legislative rule relating to the payment of taxes by electronic funds transfer"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2664 - "A Bill to amend and reenact section one, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the tax commissioner to promulgate a legislative rule relating to the tax credit for medical malpractice insurance premiums"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2665 - "A Bill to amend and reenact section eighteen, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of veterinary medicine to promulgate a legislative rule relating to standards of practice"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2666 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to the commercial sale of wildlife"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2667 - "A Bill to amend and reenact section eleven, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of pharmacy to promulgate a legislative rule relating to fees for pharmacist recovery networks"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2668 - "A Bill to amend section two, article one-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to uniform application forms for credentialing, re-credentialing and updating information for health care practitioners"; to the Committee on Government Organization.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2669 - "A Bill to amend and reenact section twenty-two, article eighteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to terminating the hazardous waste management annual certification fee and the hazardous waste management fee fund"; to the Committee on the Judiciary.
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, Ferrell, Martin, Tucker, Talbott and Leggett:
H. B. 2670 - "A Bill to amend and reenact section seventeen, article five, chapter twenty- three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the office of judges."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2670) will be placed on the Consent Calendar.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
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.
On the passage of the bills, the yeas and nays were taken (Roll No. 24), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Foster, Leach, Renner, Schoen, Shelton and Warner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2090 and H. B. 2486) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein.
House Calendar

Unfinished Business

H. C. R. 9,
Requesting a study on the childhood obesity epidemic in West Virginia; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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.
Leaves of Absences

At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Coleman, Faircloth, Foster, Leach, Renner, Schoen, Shelton and Warner.
Miscellaneous Business

Delegate Spencer submitted the following written vote explanation on Com. Sub. for H. B. 2122, which passed the House of Delegates on January 16, 2003, as follows:
Delegate Spencer. As a spokesperson for individuals with disabilities, I was concerned as Com. Sub. for H. B. 2122 came up for a vote in the House of Delegates. I voted for Com. Sub. for H. B. 2122 in hopes that the bill would be changed in the State Senate. I no longer serve on Judiciary and therefore had little chance to review the total content of the bill. With a seventy-five page amendment being produced on third reading on the floor of the House of Delegates, it gave members little chance to give input to the legislation.
At 11:25 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, January 27, 2003.