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Thursday, February 13, 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, February 12, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
Committee Reports

Chairman Ennis, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2423, Awarding high school diplomas to certain veterans,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on Education.
In accordance with the former direction of the Speaker, the bill (H. B. 2423) was referred to the Committee on Education.
Chairman Ennis, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2835, Creating a special revenue fund for receipt of gifts, donations, etc. to support the operation of veterans' facilities created by statute,
And reports the same back, by unanimous vote of the Committee, 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. 2835) was referred to the Committee on Finance.
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. 2712, Including mental health parity applicability to non-employer groups,
And reports the same back, by unanimous vote of the Committee, 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. 2712) 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. 2921, Providing an exemption for sales and services provided by licensed mortgage brokers from the consumer sales and service tax,
And reports the same back, by unanimous vote of the Committee, 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. 2921) 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. 2480, Increasing the amount of penalties the commissioner of banking may obtain and allowing the commissioner to expend funds to promote consumer awareness of issues related to residential mortgage lending,
And reports the same back, by unanimous vote of the Committee, 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. 2480) 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. 2715, Modernizing the regulation of surplus lines' insurers by enactment of the NAIC non-admitted insurance model act,
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. 2715) 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. 2805, Allowing law-enforcement officers of municipalities that cover more than one county to administer tests for determining alcoholic content in a driver's blood, breath or urine in the counties which the municipality lies,
And reports the same back, by unanimous vote of the Committee, 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. 2805) 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. 2840, Increasing the number of members on the Greater Huntington Park and making other changes in the act,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2840) to the Committee on the Judiciary was abrogated.
Chairman Proudfoot, from the Committee on P olitical Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2915, Authorizing continued payment of Class VI rate of compensation to the prosecuting attorney of Wetzel County,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2915) to the Committee on the Judiciary was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2627, Human services, day care centers licensing,
And reports the same back, by unanimous vote of the Committee, 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. 2627) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2851, Providing for the confidentiality of genetic test results and to limit the use of genetic information by health insurers,
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. 2851) was referred to the Committee on the Judiciary.
Chairman Yeager, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2650, DNR, prohibitions when hunting and trapping,
And reports the same back, by unanimous vote of the Committee, with amendment, 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. 2650) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2821, Allowing most employees involved in direct patient care activities or clinical services to refuse to work overtime, except in limited emergent situations,
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. 2821) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2825, Changing personal care homes to assisted living residences and to delete provisions of law relating to residential board and care homes,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2825) was referred to the Committee on Government Organization.
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. 2511, Authorizing the issuance of a special motor vehicle license plate for Nemesis Shrine members,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. For H. B. 2511 - "A Bill to amend and reenact sections fourteen and twenty- three, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to original and renewal of registration plates; authorizing the issuance of special motor vehicle license plates for members of the Nemesis Shrine, volunteers and employees of the American Red Cross, individuals who have received the Combat Infantry Badge or Combat Medic Badge, members of the Knights of Columbus and former members of the Legislature; prescribing fees; providing that special registration plates may only be issued to those nonprofit charitable and educational organizations authorized by prior law; prohibiting the commissioner of motor vehicles from approving or authorizing additional nonprofit charitable and educational organizations to design or market special registration plates; eliminating the requirement that a certified firefighter produce annual evidence of certification; requiring the West Virginia University fire service extension to notify the Division of Motor Vehicles when a firefighter loses his or her certification; making technical corrections; removing the restriction on the number of plates a volunteer firefighter may obtain and increasing the cost of those plates; prohibiting the Division of Motor Vehicles from beginning the design or production of any license plate based on membership or affiliation with a private organization until a minimum number of persons have applied and paid for the plate; procedure where minimum number not met by private organization; and providing that the division of protective Services may have up to five 'class a' license plates,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2511) to the Committee on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2511) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2918, Excluding costs projected to be paid for retired employees from the calculation for premium cost sharing,
And reports the same back, with amendment, without recommendation as to its passage, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2918) was referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2626, Health, uniform credentialing of health care practitioners,
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. 2626) was referred to the Committee on the Judiciary.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2668, Credentialing of health care practitioners,
H. B. 2729, Clarifying the members of professional licensing boards may be compensated only for days on which they attend official meetings and not for travel days,
And,
S.B. 281, Continuing department of environmental protection,
And reports the same back, bu unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2668, H. B. 2729 and S. B. 281) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2592, Auditor, standards for requisitions for payment,
And,
H. B. 2590, Administration, rule for technology access for visually impaired,
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. 2592 and H. B. 2590) were each referred to the Committee on the Judiciary.
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. 206 - "A Bill to amend and reenact section eight, article five, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing aides to supervise students who are undergoing in-school suspension"; which was referred to the Committee on Education.
Resolutions Introduced

Delegates R. Thompson, Paxton, Leach, Morgan, Craig, Perdue, Martin, Howard, Browning, Webb, Kominar, Smirl, Sobonya, Anderson, Hamilton, Long and H. White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 41 - "Requesting the West Virginia Division of Highways to name that portion of highway beginning on State Route 75 at mile post 0.00 and extending to milepost 0.73, and including that portion of U.S. Route 52 extending from mile post 4.68 and terminating at mile post 16.59, the 'Big Green Memorial Highway'."
Whereas, On November 14, 1970, seventy-five passengers, including the Marshall University football team, coaches, faculty, fans and flight crew perished in a tragic plane crash while returning to Tri-State Airport after a football game against East Carolina University; and
Whereas, The tragic plane crash occurred in an area near that section of aforementioned highways and the City of Kenova in Wayne County; and
Whereas, The City Council of Kenova conceived the idea of naming the "Big Green Memorial Highway" in honor of the plane crash victims, and the Big Green Scholarship Foundation affiliated with Marshall University wholeheartedly endorsed the proposal; and
Whereas, The memory of the seventy-five persons who perished in the November 14, 1970, plane crash still lives in the hearts and minds of their family and friends, and the entire Marshall University community, and thus it is only fitting that these highways so near the site of the tragic crash be memorialized in their name; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name that portion of highway beginning on State Route 75 at mile post 0.00 and extending to milepost 0.73, and including that portion of U.S. Route 52 extending from mile post 4.68 and terminating at mile post 16.59, the "Big Green Memorial Highway"; and, be it
Further Resolved, That the Division of Highways cause appropriate signs to be placed so designating the "Big Green Memorial Highway," and that two historical plaques recounting the tragic plane crash be placed on the northbound and southbound lanes of the "Big Green Highway" in the vicinity of the flight path of the plane; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the City of Kenova and the Big Green Scholarship Foundation.
Petitions

Delegates Varner, Tucker, Pethtel, Ennis and Swartzmiller presented a petition, signed by twenty thousand two hundred residents of Marshall and Ohio counties, in support of the construction of Interstate 68 from Morgantown to Moundsville; 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 Delegate Beach:
H. B. 2986 - "A Bill to amend and reenact section seven, article three, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the operation of steam boilers and testing and licensing requirements prescribed by the commissioner of labor"; to the Committee on the Judiciary then Finance.
By Delegates Beach, Pethtel, Houston, Shaver and Perry:
H. B. 2987 - "A Bill to amend and reenact section six, article seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section six, article seven-a of said chapter, all relating to requiring the board of examiners for registered nurses and licensed practical nurses to return exam results within five days of completing the exam"; to the Committee on Government Organization.
By Delegates Beach, Pethtel, Houston, Shaver, Perry and Perdue:

H. B. 2988 - "A Bill to amend and reenact section six, article seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section six, article seven-a of said chapter, all relating to requiring the board of examiners for registered nurses and licensed practical nurses to return an applicant's permanent license to the applicant within fourteen days of the postmark date upon receiving the applicant's institutional transcripts"; to the Committee on Government Organization.
By Delegates Beach, Pethtel, Houston, Perry, Shaver and Perdue:

H. B. 2989 - "A Bill to amend and reenact section ten, article seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the board of examiners of registered professional nurses to establish a register of nurses licensed as registered nurses; to make the register available to the public; and posting of the register on the internet"; to the Committee on Government Organization then Finance.
By Delegates Butcher, Wright, Ferrell, Hrutkay and Staton:
H. B. 2990 - "A Bill to amend and reenact section nine, article thirteen-a, chapter sixteen of the code of West Virginia, relating to public service districts; public utility services; and providing that unpaid charges for services do not become a lien against the owner of real property, nor is the owner liable for the charges unless the owner contracted directly with the provider for the services"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Cann, Kominar, Amores, Stemple, Palumbo and Hrutkay:

H. B. 2991 - "A Bill to amend and reenact section one, article two, chapter forty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the fee charged by fiduciary commissioners in settling an estate"; to the Committee on the Judiciary.
By Delegates Cann, Stalnaker, Renner, Palumbo, Houston and Leach:

H. B. 2992 - "A Bill to amend and reenact section six, article two-c, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to applying funding generated from user fees charged by the criminal identification bureau to the operation of the criminal records section rather than the central abuse registry"; to the Committee on the Judiciary then Finance.
By Delegates Caputo, Manchin, Martin, R. Thompson, Tucker, Kuhn and Perdue:

H. B. 2993 - "A Bill to amend chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article nine, relating to the public employment relations act; stating legislative policy and purpose; defining certain terms; establishing a West Virginia public employment relations board; providing for the composition of the board, the terms of its members, and the qualifications of the members; providing for the terms of the original appointees and the method of filling vacancies; limiting eligibility of board members for reappointment; requiring an oath of office and establishing a method of removal of board members; establishing procedural rules for meetings and requiring a quorum; providing for the payment of per diem and expenses for attendance by board members; providing for the organization of the board, the powers and duties of the board, the employment of staff and the location of offices; granting authority to the board to promulgate rules; defining employee and employer rights; providing for the election of exclusive representatives by public employees; establishing criteria for determining the appropriateness of an employer unit for purposes of collective bargaining; establishing procedures for representation elections and decertification of certified representatives; establishing the scope of bargaining subjects as to which agreement may be reached; providing for written agreements; providing that all written agreements involving costs are subject to appropriations by the appropriate legislative or governing body; limiting the duration of agreements to three years; providing for mediation and arbitration to resolve impasses in bargaining; prohibiting strikes by public employees; providing remedies for prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair share fee payments and protections for fee payors; requiring financial reports, public records and lists of employee organizations and exclusive representatives; and setting forth when the article shall take precedence and when it shall be inoperative"; to the Committee on the Judiciary then Finance.
By Delegate Craig (By Request):
H. B. 2994 - "A Bill to amend article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen-a, relating to personal income tax credits; and allowing a credit against a taxpayer's tax liability for performing volunteer work for nonprofit organizations"; to the Committee on Finance.
By Delegates Evans, Webb, Carmichael and Canterbury:
H. B. 2995 - "A Bill to amend and reenact section three-a, article ten, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting antique motor vehicles and motorcycles and classic motor vehicles and motorcycles from registration fees"; to the Committee on Roads and Transportation then Finance.
By Delegates Howard, Border and Hall:
H. B. 2996 - "A Bill to amend and reenact section three, article forty-two, chapter thirty- three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing when any body part of an unborn child is outside the mother's womb, the child is born, and is considered a citizen of the state with same rights and privileges under the law as any other citizen"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Mahan:
H. B. 2997 - "A Bill to amend and reenact section one, article six, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to expanding the possible venues where a child neglect or abuse petition can be filed"; to the Committee on the Judiciary.
By Delegates Manuel, Poling, Doyle and Tabb:
H. B. 2998 - "A Bill to amend and reenact section two, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article five, chapter eighteen of said code, all relating to parliamentary procedure before county boards of education and county commissions; and providing that motions made at meetings of such bodies need not be seconded"; to the Committee on Education then the Judiciary.
By Delegates Spencer and Brown:
H. B. 2999 - "A Bill to amend and reenact section six, article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to disallowing the retention of animal pickup fees by paid humane officers, and allowing bounties only for dangerous animals"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Spencer, Calvert, Palumbo, Amores and Walters:
H. B. 3000 - "A Bill to amend and reenact section four, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring stricter controls, oversight and purchasing practices of the sheriff's concealed weapon fund"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Susman, Poling, Yeager, Martin, Proudfoot, R. Thompson and Houston:

H. B. 3001 - "A Bill to amend and reenact sections one, four and five, article eight, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to adding the state Americans with disabilities act coordinator as a member of the capitol building commission; prohibiting any substantial physical changes to the buildings and grounds of the state capitol without the approval of the commission; requiring compliance with the Americans with disabilities act; and giving the commission the authority to hire employees, enter into contracts for studies and levy fines for violations"; to the Committee on Government Organization then Finance.
By Delegate Talbott (By Request):
H. B. 3002 - "A Bill to amend and reenact section seven, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that persons may not be guilty of trespassing or hunting without permission merely because the person's dog pursues an animal or wild bird onto another person's private or leased land"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Talbott (By Request):
H. B. 3003 - "A Bill to amend and reenact section five, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to unlawful hunting and fishing; and exempting retrieval of dog from offense of hunting on Sunday"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Talbott (By Request):
H. B. 3004 - "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, relating to prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog when the dog is found on another person's property"; to the Committee on the Judiciary.
By Delegates Walters and Webb:
H. B. 3005 - "A Bill to amend and reenact section fourteen hundred-eight, article twenty- two-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to distribution of state's share of gross terminal income from limited video lottery; increasing the lottery commission's share of gross profits from video lottery gross terminal income; increasing the share of net terminal income distributed to counties and incorporated municipalities"; to the Committee on the Judiciary then Finance.
By Delegates H. White, R. M. Thompson and Carmichael:
H. B. 3006 - "A Bill to amend and reenact section six, article fourteen, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing the use of photostatic copies of uncertified documents to establish the full performance of a pre-need burial contract"; to the Committee on the Judiciary.
By Delegates Wright, Kuhn and Butcher:
H. B. 3007 - "A Bill to amend and reenact sections three and four-b, article two, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the jurisdiction of the public service commission over public service districts with respect to rates and charges"; to the Committee on the Judiciary.
By Delegates Yeager, Morgan and Stemple:
H. B. 3008 - "A Bill to amend and reenact sections two, three, five, five-a, six, six-a, six-b, six-c, seven, eight, eight-a and nine, article two-c, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article two-c of said chapter by adding thereto three new sections, designated sections five-b, six-d and nine-a, all relating to auctioneers; license requirements, fees, notice of change of address required; apprentice sponsorship requirements, reciprocity between states; continuing education requirements; penalties for violating statutory provisions; license revocation and contract requirements"; to the Committee on Government Organization.
By Mr Speaker, Mr. Kiss, and Delegates Varner, Amores, Browning, Kominar, Palumbo and Swartzmiller:

H. B. 3009 - "A Bill to amend and reenact section four, article one, chapter twenty-nine-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to excluding certain records from the freedom of information act that are collected in the interest of homeland security by governmental bodies"; to the Committee on Veterans Affairs and Homeland Security then the Judiciary.
By Mr Speaker, Mr. Kiss, and Delegates Varner, Amores, Browning, Kominar, Palumbo and Swartzmiller:

H. B. 3010 - "A Bill to amend and reenact section four, article nine-a, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to establishing an exemption from the open governmental meetings act for discussions by a governmental body of certain activities associated with the protection of public safety or public health as it relates to terrorist activity or the threat of terrorist activity"; to the Committee on Veterans Affairs and Homeland Security then the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Finance 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 Michael, Leach, Proudfoot, Browning, Warner, R. M. Thompson and Border:

H. B. 3011 - "A Bill to amend and reenact section nine, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authority of the state fire commission to promulgate legislative and emergency rules."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 3011) will be placed on the Consent Calendar.
Delegate Louisos arose and was recognized for the purpose of addressing the House. At the conclusion of his remarks, he then moved that the Committee on Banking and Insurance be discharged from further consideration of H. B. 2316, requiring banks to immediately post deposits.
Delegate Staton then arose to a point of order as to the appropriateness of the motion offered by Delegate Louisos, which was point of order the Speaker ruled was well taken.
Following consultation with the Speaker and the Clerk, Delegate Louisos then moved that the Committee on Banking and Insurance be discharged from further consideration of H. B. 2316, and further asked and obtained unanimous consent that his motion to discharge be made a Special Order of Business, on Unfinished Business, on tomorrow.
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:
S. B. 215, Making supplementary appropriation to department of health and human resources, health care authority,
Com. Sub. for H. B. 2843, Enacting the federally required provisions of the "Help America Vote Act of 2002",
And,
H. B. 2933, Relating to qualifications, duties and obligations of executors or administrators.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2433, Relating to vocational-technical facility and equipment improvements through the school building authority,
Com. Sub. for H. B. 2443, Relating to the assessment of banking institutions,
Com. Sub. for H. B. 2678, Changing ballot publishing dates before primary and general elections,
H. B. 2870, Specifying the jurisdiction of the PSC over, and the application of public utility laws to, certain described electric generating facilities,
And,
H. B. 2953, Establishing a mechanism to eliminate any actuarially projected unfunded liability in the Prepaid Tuition Trust Fund.
Special Calendar

Unfinished Business

H. C. R. 2, Naming the bridge located at the Huntington Business and Industrial Park in Huntington, Cabell County, the "James Vincent Owens Bridge"; 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.
Third Reading

Com. Sub. for H. B. 2203, Relating generally to the requirement of wearing seat belts in automobiles; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
Second Reading

H. B. 2794, Increasing the service fee for worthless checks; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2970, Increasing the ratios of professional and service personnel to students in net enrollment.; on second reading, coming up in regular order, was read a second time.
The Clerk reported an amendment by Delegate Trump, on page six, section six-b, line twenty-four, inserting sections twelve and twelve-a, relating to county basic foundation and state aid allowance and calculation of net enrollment for growth counties.
Delegate Trump then asked and obtained unanimous consent that the bill be advanced to third reading with his amendment pending.
There being no further amendments offered to the bill, the Speaker then advanced H. B. 2970 to third reading with the Trump amendment pending.
First Reading

H. B. 2748, Preventing mail order or internet sales of tobacco products to persons under eighteen years of age; on first reading, coming up in regular order, was read a first time and ordered to second reading.
At 12:05 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Friday, February 14, 2003.