__________*__________

Friday, February 14,2003


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, February 13, 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

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
S. C. R. 7, Requesting Division of Highways name bridge on Route 80 at Verner "William Chapman Browning Bridge",
And reports the same back with the recommendation that it be adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2477, Permitting residents of nursing homes and similar facilities to retain the homestead exemption and Class II property designation,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2477 - "A Bill to amend and reenact section three, article four, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections two, four, five and six, article six-b of said chapter, all relating to property tax designations and homestead exemptions from property taxes, and permitting certain homeowners to retain a homestead exemption and class two property designation for certain property while they are residing with family members or resident of a nursing home or other facility as a result of illness, accident or infirmity and changing due dates and response deadlines to exemption requests,"
H. B. 2556, Requiring the insurance commissioner to issue an annual communication to increase awareness of certain flood insurance issues,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for 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,"
And,
H. B. 2702, Eliminating the examination assessment fee on risk retention groups,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2702 - "A Bill to amend and reenact section five, article thirty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the elimination of fees levied on risk retention groups,"
With the recommendation that the committee substitutes 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 (Com. Sub. for H. B. 2477, Com. Sub. for H. B. 2556 and Com. Sub. for H. B. 2702) 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. 2615, Fire commission, fire department rescue services,
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. 2615) 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. 2706, Relating to compensation paid to members of the education and state employee grievance board,
And,
H. B. 2797, Authorizing the DMV to reimburse members of the motor vehicle dealer advisory board and the motorcycle safety awareness board for necessary expenses,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2706 and H. B. 2797) were each 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. 2793, Relating to the West Virginia real estate commission and limiting certain reciprocity provisions,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2793) will be placed on the Consent Calendar.
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. 2585, Veterinary medicine, schedule of fees,
H. B. 2618, Board of funeral service examiners, general provisions,
And,
H. B. 2619, Board of funeral services examiners, crematory requirements,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, 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. 2585, H. B. 2618 and H. B. 2619) were each 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. 2665, Board of veterinary medicine, standards of practice,
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. 2665) was referred to the Committee on the Judiciary.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2534, Eliminating the property value limit on the application of the tax,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2534) will be placed on the Consent Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2114, Limiting the public education allowances provided as part of the total basic foundation program for the 2003 fiscal year,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2114 - "A Bill to amend and reenact section thirteen-b, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to establishing a reserve allowance for strategic educational enhancements; making legislative findings and providing legislative intent; providing for disposition in line item of certain funding amounts resulting from decreases in net and adjusted enrollments; providing for governor to make recommendations for appropriations of amount in line item for certain purposes; requiring allocations of amount in line item for certain purposes subject to appropriation; providing for amount of appropriated allocations; and specifying line item is additional allowance under basic foundation program subject to appropriation for public school purposes,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2114) to the Committee on Finance was abrogated.
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. 2920, Increasing certain benefits to dependents of a state trooper killed in the line of duty,
H. B. 2975, Providing a window for persons who were members of PERS and who left state employment withdrawing their PERS moneys to buy back their time with interest,
H. B. 2983, Relating to the teachers' retirement system,
And,
H. B. 2984, Increasing the amount of service credit a teacher off work due to a compensable injury may purchase,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (H. B. 2920, H. B. 2975, H. B. 2983 and H. B. 2984) 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 bills (H. B. 2920, H. B. 2975, H. B. 2983 and H. B. 2984) 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. 2985, Relating to the deputy sheriff retirement system generally,
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. 2985) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2441, Increasing the minimum subscribed capital stock and capital surplus for new bank charter applications,
H. B. 2514, Authorizing the board of banking and financial institutions to prohibit individuals removed from one financial institution from participating in the affairs of other financial institutions,
H. B. 2846, Adding professional surveyors to the list of professionals who may organize professional limited liability companies,
And,
H. B. 2882, Limiting requirements for stays for appeals under the surface coal mining and reclamation act for unjust hardship,
And reports the same back, by 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. 2441, H. B. 2514, H. B. 2846 and H. B. 2882) will be placed on the Consent Calendar.
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. 2814, Increasing the misdemeanor penalties for failure to yield the right-of-way,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2814 - "A Bill to amend and reenact section six article nine, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to moving traffic regulations generally and increasing the penalty for failure of a driver to yield the right-of-way,"
And,

H. B. 2881, Striking the provision requiring that post mining water discharges have to be better to or equal to pre-mining water discharge,
And reports back committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2881 - "A Bill to amend and reenact section twenty-three, article three, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to surface coal mining and reclamation; and establishing requirements for bond release,"
With the recommendation that the committee substitutes 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 (Com. Sub. for H. B. 2814 and Com. Sub. for H. B. 2881) will be placed on the Consent Calendar.
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. 2880, Underground storage tanks registration fees,
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. 2880) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2865, Upgrading the criminal offense of damaging or destroying real or personal property owned by a railroad company or public utility,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2865 - "A Bill to amend and reenact sections twenty-nine and thirty, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to crimes against property; increasing penalties for removing, injuring or destroying property; and increasing penalties for damaging or destroying real or personal property owned by a railroad company or public utility or any real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, water, wastewater, storm-water, telecommunications or cable television,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2865) 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. 2771, Repealing exemptions from gasoline and special fuels excise tax for bulk sales to interstate motor carriers,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2771) 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. 2799, Relating to the West Virginia state police and the re-employment of recently retired troopers,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2799 - "A Bill to amend article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended by adding thereto a new section, designated section fifty-one, relating to the West Virginia state police and the re-employment of recently retired troopers,"
And,
H. B. 2529, Relating to the licensure and regulation of psychophysiological detection of deception examiners,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2529 - "A Bill to amend and reenact sections five-a, five-b, five-c and five-d, article five, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the licensure and regulation of psychophysiological detection of deception examiners; creating categories of licensure; authorizing legislative rules; prohibited activities; and penalties,"
With the recommendation that the committee substitutes 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 (Com. Sub. for H. B. 2799 and Com. Sub for H. B. 2529) will be placed on the Consent Calendar.
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. 2749, Amending the West Virginia board of physical therapist rule relating to English proficiency requirements,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2749 - "A Bill to amend article twenty, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six-a, relating to reciprocal licensure of physical therapists from other states or countries,"
With the recommendation that the committee substitute do pass.
Resolutions Introduced

Delegates Caputo, Fleischauer and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 42 - "Requesting the United States Congress to enact and fully fund navigation needs on our Nation's rivers."
Whereas, The upper reaches of the headwaters of many of our nation's navigable rivers have suffered a decline in river commerce, resulting in severe cutbacks in federal funding for maintenance and operation of locks and dams on these rivers by the United States Army Corps of Engineers (COE), including the hours the locks are open for transit by river traffic; and
Whereas, This problem is especially severe within the Pittsburgh District of COE, for the Monongahela River in West Virginia and, for the upper reaches of the Allegheny River in Pennsylvania, thus causing great harm to commercial and recreational users of these two rivers and to the communities and businesses that rely on unhindered navigation of these rivers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Congress of the United States is requested to enact and fully fund legislation requiring that the Army Corps of Engineers base river navigation budgets not solely on the tonnage of commerce, but also on the value of the commerce and on the needs of recreational users of the rivers and, on the importance of all such river uses to the economic well-being and development of communities and regions bounding the river; and, be it
Further Resolved, That it is requested that the Pennsylvania and West Virginia congressional delegations, especially those members of the United States House of Representatives whose districts include the Pittsburgh District of the Army Corps of Engineers seek appropriations for the federal Fiscal Year 2003 (which began the first day of October, two thousand two,) and for successive fiscal years, that will enable the Pittsburgh District of the Corps of Engineers to fully meet the navigation needs of all river users and communities for the Upper Allegheny and Upper Monongahela rivers and support Congressman Mollohan in his request for $5 million to research and demonstrate the feasibility of automating lock operation, directly permitting the remote operation of lock chambers for Upper Mon locks and developing a national technology base for a future combination of cost reductions with service improvements; seek congressional authorization and funding for studies of how the federal government might partnership with states and local communities on innovative ways to fund and operate river navigation needs; and, be it
Further Resolved, That the Legislature of West Virginia supports the Pittsburgh-based River Navigation Coalition in their extensive and effective efforts to keep the locks and dams operational on the Allegheny and Monongahela rivers, maximize the hours of operation of the locks for all users, promote river recreational boating, promote commercial navigation by maintaining the river channels and continued operation of the locks and promote economic growth pertaining to recreational and commercial navigation for the entire region; and, be it
Further Resolved, That the Legislature of West Virginia supports the Upper Monongahela River Association Incorporated, a West Virginia not-for-profit 501 (c) (4) corporation (successor to the informal Upper Monongahela Committee for Better Boating formed in February 2000,) and a founding member of the River Navigation Coalition, in UMRA's efforts to achieve all of the goals; and, be it
Further Resolved, That the Clerk of the House of Delegates is directed to furnish a copy of this resolution to the West Virginia and Pennsylvania delegations to Congress.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Armstead, Louisos, Howard and Sobonya:
H. J. R. 15 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section fifty-seven, relating to providing that the Constitution of West Virginia does not grant, offer, confer, bestow, or imply a right of a woman to an abortion"; to the Committee on Constitutional Revision then the Judiciary.
Petitions

Delegate Perdue presented a petition, signed by two hundred and forty-three residents of the state, in support of H. B. 2884, empowering family members and residents in nursing homes by requiring a nursing home to publicly post staffing information and granting rights to family councils; which was referred to the Committee on Health and Human Resources.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss:
H. B. 3012 - "A Bill to amend and reenact section nine, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the consumers sales and services tax; clarifying an exemption from the consumers sales and services tax for franchise fees; and providing an exemption for payments received by a vendor of tangible personal property as an incentive to sell a greater volume of such tangible personal property under a manufacturer's, distributor's or other third-party's marketing support program, sales incentive program, cooperative advertising agreement or similar type of program or agreement, and these payments are not considered to be payments for a 'service' or 'selected service' rendered, even though the vendor may engage in attendant or ancillary activities associated with the sales of tangible personal property as required under the programs or agreements"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 3013 - "A Bill to amend and reenact sections ten-a, ten-b, ten-c, ten-d and ten-e, article three, chapter twelve 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 ten-g, all relating to the payment card program; providing for additional monitoring; requiring training; requiring administrative penalties including card suspension in certain circumstances; clarifying transactions for which payment cards may not be used; requiring documentation; authorizing emergency rules; amending criminal penalties; authorizing special transaction fees; requiring post audits; requiring reports; expanding the payment card advisory committee; centralizing control in the auditor's office; changing the name of the program and setting effective dates"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Doyle, Anderson, H. White, G. White and Browning:

H. B. 3014 - "A Bill to amend and reenact sections one-a, two, three, four, four-a, four-b, five, six, eight, nine-f, thirteen, fourteen, sixteen, thirty-one and thirty-three, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, one-a, two, three, three-a, four, five, six, seven, eight, nine, ten, ten-a, eleven, eighteen, twenty-one, twenty-two, twenty-seven and twenty-nine, article fifteen-a of said chapter; to amend and reenact sections one, two, three, and five, article fifteen-b of said chapter; and to further amend said article fifteen-b by adding thereto twenty-three new sections, designated sections two-a, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one and thirty-two, all relating generally to 'Main Street Fairness Act of 2003', amending consumers sales and service and use tax laws to conform to requirements of streamlined sales and use tax agreement; incorporating in this state's sales and use tax laws certain substantive provisions of agreement pertaining to definitions, administration, collection and enforcement of sales and use taxes; renaming simplified sales and use tax administration act as streamlined sales and use tax administration act; authorizing tax commissioner to sign agreement; specifying effective dates; deleting obsolete language and making other technical changes"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Perdue, Leach, Varner, Foster, Long and Warner:

H. B. 3015 - "A Bill to amend and reenact sections one, two and three, article twenty-two, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to detection and control of hemoglobinopathies in newborn children"; to the Committee on Health and Human Resources then Finance.
By Delegates Beane, G. White, Paxton, Mezzatesta and Stalnaker:

H. B. 3016 - "A Bill to amend and reenact section eight, article six, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the confidentiality of adult protective service records; changing the current requirement that the adult protective service agency destroy the records in two years to thirty years"; to the Committee on Government Organization then the Judiciary.
By Delegates Beane, Kuhn, G. White, Paxton, Mezzatesta and Stalnaker:

H. B. 3017 - "A Bill to amend and reenact section three, article two-d, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto two new sections, designated sections seven and eight, all relating to the division of protective services; expanding the jurisdiction; authorizing the billing of services; establishing a special revenue fund"; to the Committee on Government Organization then Finance.
By Delegates Beane, G. White, Paxton, Mezzatesta and Stalnaker:

H. B. 3018 - "A Bill to amend and reenact section five, article six-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing the amount of time that department of health and human resources must retain child protective services' records from six years to thirty years"; to the Committee on Government Organization then the Judiciary.
By Delegates Campbell, Cann, Susman, Proudfoot, Evans, Hall and Stalnaker:

H. B. 3019 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof"; to the Committee on Finance.
By Delegate Caruth:
H. B. 3020 - "A Bill to amend article forty-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 nine, relating to requiring that every woman seeking an abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal penalty for violations of the section; and providing nothing in the section can be construed as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Frederick:
H. B. 3021 - "A Bill to amend and reenact section five, article seven, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the PROMISE scholarship generally; and providing that students who commute from West Virginia to schools out-of-state may be eligible"; to the Committee on Education then Finance.
By Delegates Houston, Renner, Beach and Susman:
H. B. 3022 - "A Bill to amend article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten-c, relating to authorizing paid municipal fire departments to investigate suspicious or illegal fires set or existing in or around public rights-of-way or otherwise within a municipality and to gather evidence at the scenes of the suspicious or illegal fires"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Houston, Renner, Beach and Susman:
H. B. 3023 - "A Bill to amend article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve-a, relating to lost animals generally; providing for the establishment by the commissioner of agriculture of a toll free hot line for reporting lost animals; providing for notification of certain entities; and providing for erection of certain highway signs"; to the Committee on Government Organization then Finance.
By Delegates Houston, Renner and Susman:
H. B. 3024 - "A Bill to amend and reenact section two, article five, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to state parks generally; and providing for a minimum number of room accommodations at state parks for people with small domestic animals"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Morgan, Leach, Craig (By Request), Caputo, Manchin, Beane and Michael:

H. B. 3025 - "A Bill to amend and reenact section twenty-one, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that candidates for statewide political office belonging to the party with the most registered voters in the state, or in the case of congressional elections, then belonging to the political party with the most registered voters in the congressional district, be placed in a preeminent position on the election ballot; charging the secretary of state with the duty of determining officially which party has the most registered voters"; to the Committee on the Judiciary.
By Delegates Perry, Stemple, Paxton, Kominar, Pethtel, Shaver and Cann:

H. B. 3026 - "A Bill to amend and reenact section seven-a, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing substitute teachers to accrue seniority for working as few as forty-five days in a school year"; to the Committee on Education then Finance.
By Delegates Pethtel, Stemple, Amores, Varner, Kominar and Craig:

H. B. 3027 - "A Bill to amend article ten, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-v, relating to authorizing the tax commissioner to waive tax, interest and penalties in specified circumstances which are otherwise imposed on uncompensated members of the governing board or board of directors of certain tax exempt organizations that result from liabilities of the tax exempt organization being attributed to those members; specifying manner and forum for appeals"; to the Committee on Finance.
By Delegate Pino:
H. B. 3028 - "A Bill to amend and reenact section eight, article fourteen, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to clarifying that the sheriff is the appointing officer with respect to deputy sheriffs who have resigned and thereafter seek appointment by reinstatement"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Warner and Renner:
H. B. 3029 - "A Bill to amend article six-f, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto eight new sections, designated sections eight hundred one, eight hundred two, eight hundred three, eight hundred four, eight hundred five, eight hundred six, eight hundred seven and eight hundred eight, all relating to the West Virginia 'Do Not Call' register; defining various terms; providing regulations to be followed by telephone solicitors; providing that the consumer protection division of the attorney general maintain a 'Do Not Call' register of state residents who do not wish to be contacted by solicitors; providing access to telephone solicitors of the West Virginia 'Do Not Call' register; providing a registration fee to be paid to the division by telephone solicitors; providing for consumer registration with the West Virginia 'Do Not Call' register; requiring public education concerning the West Virginia 'Do Not Call' register; addressing violations by telephone solicitors, including the assessment of civil penalties; and, providing enforcement provisions"; to the Committee on the Judiciary then Finance.
By Delegates Williams and Kominar:
H. B. 3030 - "A Bill to amend and reenact sections one, seven, eight, eleven, twenty-three and twenty-four, article one, chapter fifty-two of the code of West Virginia, one thousand thirty-one, as amended; to further amend said article by adding thereto a new section, designated section ten-a; to amend and reenact section one, article three of said chapter; and to further amend said chapter by adding thereto a new article, designated article four, all relating to petit juries; restating the declaration of policy and obligation of citizens to serve on juries, unless excused; changing civil contempt to misdemeanor penalties for failure to appear for jury duty; basis for disqualification from jury duty; establishing a procedure for postponement of jury duty; specific excuses from jury service, including undue or extreme physical or financial hardship; changing the length of service by jurors in a two-year period; providing misdemeanor penalty instead of civil contempt for failure to perform jury service; providing rights of employees summoned for jury duty; requiring the supreme court of appeals to establish a 'lengthy trial fund' to be used for full wage replacement for jurors after the tenth day of a trial; and otherwise reducing the burdens of jury service and increasing participation in the jury system"; to the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
H. B. 3031 - "A Bill to amend and reenact section one, article eight, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to participation in public school courses and activities by child receiving home instruction; requiring access to certain internet courses; providing conditions and affect; authorizing participation in extracurricular activities when certain minimum conditions are met; and correcting certain terms."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 3031) will be placed on the Consent Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Pensions and Retirement and reported with the recommendation that it do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Campbell, Browning, Hall, Frederick and Duke:
H. B. 3032 - "A Bill to amend and reenact sections one and two, article ten-d, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to setting forth purpose of the consolidated public retirement board; clarifying the fiduciary obligation of board members to the retirement funds and the members thereof; clarifying personal liability of board members; continuing the inapplicability of immunity for board members; providing for per diem pay of board members; stating that certain changes are remedial and may be applied retroactively; and providing that certain purchasing requirements do not apply to contracts for actuarial services, legal services, and other professional services."
In the absence of objection, the Speaker referred the bill (H. B. 3032) to the Committee on Finance.
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. 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.
On the passage of the bills, the yeas and nays were taken (Roll No. 45), 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, DeLong, Ellem, Houston, Iaquinta, Swartzmiller, Thompson, R. M. and Yeager.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2843 and H. B. 2933) passed.
S. B. 215, Making supplementary appropriation to department of health and human resources, health care authority; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 45a), 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, DeLong, Ellem, Houston, Iaquinta, Swartzmiller, Thompson, R. M. and Yeager.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 215) passed.
Delegate Staton moved that the bill (S. B. 215) take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 46), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, DeLong, Ellem, Houston, Swartzmiller, Thompson, R. M. and Yeager.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 215) takes effect from its passage.
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.
Delegate Iaquinta announced that he was absent when the votes were taken on Roll Nos. 45 and 45a, and that had he been present, he would have voted "Yea" thereon.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 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.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 281, Continuing department of environmental protection,
Com. Sub. for H. B. 2511, Authorizing the issuance of a special motor vehicle license plate for Nemesis Shrine members,
H. B. 2668, Credentialing of health care practitioners,
H. B. 2729, Clarifying the members of professional licensing boards may be compensated only for days which they attend official meetings and not for travel days,
And,
H. B. 3011, Relating to authority of the state fire commission to promulgate legislative and emergency rules.
* * * * *

Today being Friday, the House of Delegates proceeded to take up business on the Local Calendar.
Local Calendar

First Reading

H. B. 2840, Increasing the number of members on the Greater Huntington Park and make other changes in the act; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 47), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, DeLong, Ellem, Houston, Swartzmiller, Thompson, R. M. and Yeager.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time.
An amendment recommended by the Committee on Political Subdivisions, was reported by the Clerk and adopted, amending the bill on page three, section two, line sixteen, following the word "be", by striking out the words "nominated and ".
There being no further amendments, the bill was then ordered to engrossment and third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 48), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, DeLong, Ellem, Houston, Swartzmiller, Thompson, R. M. and Yeager.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2840) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2915, Authorizing continued payment of Class VI rate of compensation to the prosecuting attorney of Wetzel County; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 49), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, DeLong, Ellem, Houston, Swartzmiller, Thompson, R. M. and Yeager.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 50), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, DeLong, Ellem, Houston, Swartzmiller, Thompson, R. M. and Yeager.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2915) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
* * * * *

The Local Calendar having been disposed of, the House of Delegates proceeded business on the Special Calendar.
Special Calendar

Unfinished Business

The Special Order of Business heretofore set for this time was called up by the Speaker and the same was reported by the Clerk, the Special Order being the motion offered by Delegate Louisos on yesterday that the Committee on Banking and Insurance be discharged from further consideration of H. B. 2316, requiring banks to immediately post deposits.
Debate ensued on the motion offered by Delegate Louisos, and at the conclusion thereof, the Speaker put the question, which did not prevail.
Third Reading

H. B. 2794, Increasing the service fee for worthless checks; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 51), and there were--yeas 83, nays 10, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Azinger, Browning, Carmichael, Frich, Howard, Leggett, Louisos, Schoen, Walters and White, H.
Absent And Not Voting: Coleman, DeLong, Ellem, Houston, Swartzmiller, Thompson, R. M. and Yeager.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2794) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

H. B. 2748, Preventing mail order or internet sales of tobacco products to persons under eighteen years of age; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absences

At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Coleman, DeLong, Ellem, Houston, Swartzmiller, R. M. Thompson and Yeager.
At 12:13 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 17, 2003.