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Thursday, February 20, 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 19, 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:
H. C. R. 22, Requesting the Division of Highways to name I-64 from the Virginia State Line to the Kentucky State Line the "Purple Heart Trail",
H. C. R. 28, Requesting the Commissioner of the Division of Highways to rename the Barrackville Bridge, which crosses Buffalo Creek on County Route 21, milepost .02 in Marion County, the "Oce Smith Bridge",
H. C. R. 29, Renaming the Mannington Bridge located in Marion County on Route 11 at mile post 7.39 where it crosses Buffalo Creek, the "Regillo Brothers Bridge",
H. C. R. 31, Requesting the West Virginia Division of Highways to dedicate the Hough Street Bridge in Mannington, Marion County, West Virginia, over the Route 1/16 crossing Buffalo Creek at milepost 0.01, "In Memory of Sammie W. Hunter",
H. C. R. 32, Requesting the West Virginia Division of Highways to dedicate the Watson Veterans Bridge over the West Fork River in Watson, Marion County, West Virginia, on U.S. Route 250, to the "Senior Citizens of Watson",
H. R. 15, Designating February 19, 2003 as "Law-enforcement Appreciation Day",
And,
H. C. R. 46, Requesting the Division of Highways to name Mullens Overhead Bridge located on State Route 16 in Mullens, Wyoming Count, West Virginia, the "Sergeant Jack W. Staton Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
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. 3050, Authorizing the county commission of Jefferson County to convey parcel of county-owned land to the Jefferson County fairgrounds,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
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. 2847, Making the law-enforcement agency that places a person under arrest responsible for that person's initial transportation to a regional or county jail,
And reports the same back, 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. 2847) to the Committee on the Judiciary was abrogated.
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. 2878, Allowing certain municipalities providing advanced life support ambulance services to examine, train and employ fire medics,
And reports the same back, with amendment, by unanimous vote of the Committee, 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. 2878) to the Committee on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2878) will be placed on the Consent Calendar.
Chairman Browning, 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. 3009, Excluding certain records from the freedom of information act that are collected in the interest of homeland security by governmental bodies,
And,
H. B. 3010, Exempting from the governmental meetings act discussions by a governmental body of certain activities relating to homeland security terrorist threats,
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 the Judiciary be dispensed with.
In the absence of objection, reference of the bills (H. B. 3009 and H. B. 3010) to the Committee on the Judiciary 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. 3009 and H. B. 3010) will be placed on the Consent Calendar.
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. 3015, Including the test for hemoglobinopathies with other medical screenings that are done at birth,
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. 3015) was referred to the Committee on Finance.
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. 2099, Providing for a pilot project intended to divert low-income residents from early institutionalization,
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2099) 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. 2969, Relating to the standard non-forfeiture law for individual deferred annuities,
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. 2969) was referred to the Committee on the Judiciary.
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. 2948, Giving consumers greater opportunity to successfully obtain discontinuation of foreclosure sales and other efforts to repossess property,
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. 2948) 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. 2675, Mandating insurance coverage for certain clinical trials for ordinary costs of covered services,
And reports the same back 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. 2675) was referred to the Committee on Finance.
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. 2285, Requiring hunting and fishing licensees to carry proof of identity and other applicable documents,
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. 2285) 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. 2384, Providing criminal penalties for negligently or carelessly shooting and wounding or killing a human being while hunting under the influence of alcohol or drugs,
H. B. 2399, Empowering conservation officers to conduct safety checks on boats,
And,
H. B. 2666, DNR, commercial sale of wildlife,
And reports the same back, by unanimous vote of the Committee, 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. 2384, H. B. 2399 and H. B. 2666) were each 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. 2240, Allowing persons purchasing or renewing hunting or fishing licenses to donate to the "hunters helping the hungry program",
And reports back a committee substitute therefore, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2240 - "A Bill to amend and reenact sections thirty, thirty-three and thirty-four, article two, chapter twenty 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 thirty-three-a, all relating generally to hunting and fishing license applications and fees; statement of eligibility for license; false statement; electronic application for license to apprize applicant of hunters helping the hungry program; voluntary donations; creating sub-account designated 'hunters helping the hungry fund'; authorized expenditures; and technical amendments,"
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. 2240) 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. 2240) will be placed on the Consent Calendar.
Chairman Fleischauer, from the Committee on Constitutional Revision, submitted the following report, which was received:
Your Committee on Constitutional Revision has had under consideration:
H. J. R. 6, Increase of Terms of Members of the Legislature Amendment,
And reports the same back, with amendment, with the recommendation that it be adopted, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the resolution (H. J. R. 6) was referred to the Committee on the Judiciary.
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. 2902, Relating to confidentiality and disclosure of information set forth in oil and gas combined reporting form,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2902 - "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-w, relating to confidentiality and disclosure of information set forth in oil and gas combined reporting form specified in subsection (d), section three-a, article thirteen-a, of said chapter eleven; setting forth exceptions to confidentiality; providing that confidentiality of such information does not prohibit publication or release of summary statistical information derived from oil and gas combined reporting forms; authorizing disclosure of oil and gas combined reporting form information to county assessors, department of environmental protection and public service commission; relating to the confidentiality and non-disclosure of other information reported under article thirteen-a of said chapter eleven; and, establishing criminal penalties for the unlawful disclosure of confidential information obtained from the oil and gas combined reporting form,"
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. 2902) to the Committee on Finance was abrogated.
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. 2696, Removing certain limitations on the commissioner of agriculture to increase fees of certain services,
And reports the same back with the recommendation that it 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 (H. B. 2696) to the Committee on Finance was abrogated.
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:
S. B. 182, Meeting federal standards for certain child passenger seats and safety devices,
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 (S. B. 182) to the Committee on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 182) will be placed on the Consent Calendar.
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:
S. B. 342, Limiting time driver's license may be issued to certain non-citizens,
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 (S. B. 342) was referred to the Committee on the Judiciary.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 162, Expunging certain motor vehicle license information for nineteen-year-olds,
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 (S. B. 162) 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. 2593, Auditor, transaction fee and rate structure,
And reports the same back 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. 2593) was referred to the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 170, Requiring informed consent for abortion; other provisions,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill was taken up for immediate consideration, read a second time, and the rule was suspended and the bill was advanced to third reading with the Committee amendment pending and with the further right to amend.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Education and State Employees' Grievance Board, in accordance with section five, article six-a, chapter eighteen of the code; which was filed in the Clerk's Office.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 213 - "A Bill to amend and reenact section one, article one, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to venue and state courts"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 399 - "A Bill to amend and reenact section ten, article three, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal history checks of applicants for licensure by the state department of education; and providing for criminal history checks for people who are not employed by county boards of education but who work directly with children in grades kindergarten through twelve on school property"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 430 - "A Bill to amend and reenact section four, article twenty-two, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing certain restrictions on outdoor advertising in addition to existing restrictions"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 26 - "Requesting the Division of Highways name the new bridge from Pomeroy, Ohio, to Mason, West Virginia, the 'Bridge of Honor' in memory of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart and requesting the Division of Highways also name the road leading to the bridge in West Virginia in memory of Staff Sergeant Jimmy G. Stewart."
Whereas, General James V. Hartinger was born in Middleport, Ohio, in 1925. He graduated from high school in Middleport in 1943 and was drafted into the U. S. Army in July, 1943. He attained the rank of Sergeant while serving in the infantry. After World War II, he entered the U. S. Military Academy, West Point, New York, and was commissioned a Second Lieutenant in the U. S. Air Force. He was assigned to the 36th Fighter-bomber Wing as a jet fighter pilot at Furenfeldbruck Air Force Base, Germany. Subsequently, he transferred to the 474th Fighter-bomber Wing at Kunsan Air Base, South Korea, where he flew his first combat missions in F-84 Thunderjets. From December, 1966, to December, 1967, he was assigned to Headquarters 7th Air Force at Tan Son Nhut Air Base, Republic of Vietnam, during which he completed more than 100 aerial combat missions. He was named Commander-in-Chief of the North American Aerospace Defense Command (NORAD) in 1979 and promoted to four-star General. He is known as the "Founding Father" of the Air Force Space Command. The headquarters building at NORAD is named the James Hartinger Building and the Hartinger Medal is awarded annually for extraordinary achievement in space; and
Whereas, General Hartinger was a command pilot with more than five thousand flying hours and was the first recipient of the Master Space Badge. His military decorations and awards include: The Defense Distinguished Service Medal, Distinguished Service Medal (Air Force) with oak leaf cluster, Legion of Merit with oak leaf cluster, Distinguished Flying Cross, Air Medal with eight oak leaf clusters, Air Force Commendation Medal, Combat Readiness Medal and the Republic of Korea Order of National Security Merit Tung II; and
Whereas, General James V. Hartinger retired July 31, 1984, after a distinguished military career that spanned five decades. He continued to be active as an advisor and speaker on Air Force and space matters until his death October 9, 2000; and
Whereas, Jimmy G. Stewart was born on December 25, 1942, in West Columbia, Mason County; and
Whereas, Jimmy G. Stewart was killed May 8, 1966, in action in Vietnam. A surprise early morning attack wounded five members of a six-man squad in Company B of the 2/12 Cavalry Regiment which left Staff Sergeant Jimmy G. Stewart alone against a Vietnamese platoon. He emptied magazine after magazine of ammunition at the enemy force; and when grenades were thrown at Company B's position, he retrieved the grenades and threw them back at the attacking forces. Staff Sergeant Jimmy G. Stewart held his position through three assaults over four hours until reinforcements arrived. Troops found the body of Staff Sergeant Jimmy G. Stewart in an enemy foxhole where he had advanced to add fire in support of the incoming reinforcements. The wounded members of his squad were recovered and evacuated; and
Whereas, Jimmy G. Stewart, with conspicuous gallantry and bravery, unselfishly gave his life to protect and save his wounded squad members and comrades in arms; and
Whereas, Jimmy G. Stewart received, posthumously, this nation's highest military award, the Congressional Medal of Honor, "For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty"; and
Whereas, The lives, accomplishments and sacrifices of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the new bridge from Pomeroy, Ohio, to Mason, West Virginia, the "Bridge of Honor" in memory of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart and also hereby requests the Division of Highways name the road leading to the bridge in West Virginia in memory of Staff Sergeant Jimmy G. Stewart; and, be it
Further Resolved, That the Division of Highways provide and erect a sign at either end of the bridge displaying the name "Bridge of Honor", together with a sign naming the road leading to the bridge in West Virginia displaying the name of Staff Sergeant Jimmy G. Stewart; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving families of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart.
Resolutions Introduced

On motion for leave, a concurrent resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Perdue, Hatfield, Brown, Fleischauer, Foster, Frederick, Hrutkay, Iaquinta, Mahan, Susman, Webster, Yost, Carmichael, Hall, Schadler, Sobonya, Sumner and Wakim:

H. C. R 48 - "Requesting the Joint Committee on Government and Finance to conduct a study on the condition of the mental health plan in West Virginia in regards to the organization and availability of services offered, and types of services needed."
Whereas, The Mental Health Plan, the State Health Plan, the (Behavioral) Health Criteria for Performance Excellence, Healthy People 2010, as well as other goal-setting recommendation plans, each contains some discussion of the topic of mental health, the degree of which depends on the particular document; and
Whereas, According to the Department of Health and Human Resources, over four hundred juveniles are in out-of-state care facilities at any given time, for a total cost of more than $22 million per year in out-of-state expenditures, due to a lack of adequate care systems within the state; and
Whereas, In over one hundred of the afore-mentioned instances, parents must sign custody of their children over to the state in order for the child to qualify for funding to cover the cost of treatment; and
Whereas, The appropriate treatment of juveniles with serious emotional disturbances and their families requires a collaborative state effort from multiple agencies, including but not limited to: the West Virginia Department of Health and Human Resources, the Bureau of Behavioral Health and Health Facilities, the Bureau of Children and Families, the Department of Education, and the Division of Juvenile Services; and
Whereas, Community-based mental health care creates an environment of stability for those afflicted with mental health problems who receive family-based treatment in their communities of residence; and
Whereas, Federal Comprehensive Community Mental Health Services grants are available to develop comprehensive, community-based systems of care for youth with serious emotional disturbances and their families, but may only be applied to in-state treatment; and
Whereas, The Legislature should explore the possibilities of developing a comprehensive multi-agency mental health plan in the State of West Virginia, identify the core services needed in West Virginia communities to provide adequate care to its residents, and address the development of community-based treatment options and financial assistance opportunities available to avoid out- of-state placements; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the condition of the mental health plan of the State of West Virginia in regards to the organization and availability of services offered, and the types of services needed; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolution (H. C. R. 48) to the Committee on Rules.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Amores, Pino, Mahan, Fleischauer and Foster:
H. B. 3075 - "A Bill to amend article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fourteen; to amend and reenact section five, article five-c, of said chapter; and to amend and reenact section five, article five-d, of said chapter, all relating to health care patient's visitation rights; providing that a hospital patient may specify up to five non-relative visitors for visitation; providing that a nursing home patient may specify up to five non-relative visitors for visitation; and providing that a personal care home patient may specify up to five non-relative visitors for visitation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Cann:
H. B. 3076 - "A Bill to amend chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six- e, relating to automobile insurance premiums; permissible surcharges; multi-tiering practices; and requiring notice requirements"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Craig, Morgan, Campbell, Amores and Stalnaker:
H. B. 3077 - "A Bill to amend and reenact section eleven, article ten, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West Virginia tax procedure and administration act; and authorizing tax commissioner to enter into agreements with Internal Revenue Service for offsetting tax refunds against tax liabilities"; to the Committee on Finance.
By Delegates Frich, Calvert, Smirl, Sumner, Leggett, Howard and Walters:

H. B. 3078 - "A Bill to amend and reenact section twelve, article seven, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting nude dancing in private clubs licensed by the alcohol beverage control commissioner; requiring commissioner to promulgate an emergency legislative rule to effectuate the prohibition; and making certain technical revisions"; to the Committee on the Judiciary.
By Delegates Hrutkay and H. White:
H. B. 3079 - "A Bill to amend and reenact sections two and eight, article twenty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to requiring farm mutual fire insurance companies to file their rates with the offices of the insurance commissioner; broadening the kinds of insurance coverage farm mutual fire insurance companies may write; requiring minimum percentages of business written in designated rating classes; and imposing a penalty for failure to comply"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Manuel, Hrutkay and Poling:
H. B. 3080 - "A Bill to amend article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-nine, relating to creating the criminal offense of video voyeurism"; to the Committee on the Judiciary.
By Delegates Perry, Paxton, Browning, Canterbury, Hartman and Hrutkay:

H. B. 3081 - "A Bill to amend and reenact section twenty-one, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section seventeen, article five, chapter forty-nine of said code, all relating to providing for safe schools through alternative education programs and providing certain juvenile justice records to public school officials"; to the Committee on Education then the Judiciary.
By Delegates Perry, Shaver, Williams, Pino, Beach, Poling and Sumner:

H. B. 3082 - "A Bill to amend and reenact section forty-five, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the school calendar and providing that bank time may be accrued per day to comply with the one hundred eighty day requirement"; to the Committee on Education.
By Delegates Spencer, Amores, Beane and Perdue:
H. B. 3083 - "A Bill to amend and reenact section eleven, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the location of magistrate courts generally; and providing that magistrate court may be temporarily held in various locations throughout the county"; to the Committee on the Judiciary then Finance.
By Delegates Staton, Mahan, Brown and Amores:
H. B. 3084 - "A Bill to repeal section one hundred ten and one hundred eleven, article seventeen, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one hundred one, one hundred two, one hundred seven and one hundred nine, article seventeen of said chapter; and to amend and reenact section one hundred five, article eighteen of said chapter, all relating to child support enforcement; providing for the membership, duties and powers of the support enforcement commission; and providing for the general duties and powers of the bureau for child support enforcement"; to the Committee on the Judiciary.
By Delegate R. M. Thompson (By Request):
H. B. 3085 - "A Bill to amend and reenact sections eleven, fifteen and twenty-three, article twenty, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections four, fifteen and twenty-one, article twenty-one of said chapter, all relating to charitable bingo and charitable raffles; permitting licensees to pay mortgage payments and to pay for certain capital improvements from gross proceeds; allowing that game proceeds may be transferred, by check, between raffle and bingo accounts; and permitting that members of licensee who live in a county of another state, under certain circumstances, may be eligible to conduct bingo and raffle games"; to the Committee on the Judiciary then Finance.
By Delegate Walters:
H. B. 3086 - "A Bill to amend and reenact section thirteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing county boards of education may study the economic feasibility of exercising an option of engaging in cooperative agreements with local public or regional transit authorities to transport students to and from school; requiring county boards to submit proposed cooperative agreements to the department of transportation for approval prior to implementation; requiring minimum federal safety standards be met prior to approval of cooperative agreements; requiring county boards to submit reports to the joint committee on government and finance on cost-effectiveness of cooperative agreements that are implemented; and requiring the secretary for the department of transportation to propose legislative rules to be used as guidelines in determining whether to approve proposed cooperative agreements"; to the Committee on Education.
By Delegates Webster, Louisos, Trump, Ellem, Brown, Amores and Kominar:

H. B. 3087 - "A Bill to amend article twenty-nine, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to the protection of constitutional civil rights of the First Amendment of the United States Constitution and Article One of the West Virginia Constitution from law enforcement surveillance tactics where criminal behavior is not evident"; to the Committee on the Judiciary.
By Delegate H. White:
H. B. 3088 - "A Bill to amend and reenact section thirty-three, article three, chapter thirty- three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the residency restriction reporting requirement for excess lines brokers remitting the insurance policy surcharge"; to the Committee on Banking and Insurance then Finance.
By Delegates H. White, Trump, Kominar and Amores:
H. B. 3089 - "A Bill to amend and reenact sections eighteen and twenty-two, article forty, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to modifying the requirement that financial institutions which maintain a trust fund deposit account for real estate brokers notify the real estate commission if any checks drawn against the account are returned for any cause; providing that a financial institution is required to notify the real estate commission if any checks drawn against the trust fund account are returned for insufficient funds; removing criminal penalties applicable to a financial institution if a trust fund account for a real estate broker fails to notify the real estate commission if any check drawn against the account is returned for insufficient funds; and providing retroactive application"; to the Committee on Banking and Insurance then the Judiciary.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2441, Increasing the minimum subscribed capital stock and capital surplus for new bank charter applications,
Com. Sub. for H. B. 2477, Permitting residents of nursing homes and similar facilities to retain the homestead exemption and Class II property designation,
Com. Sub. for H. B. 2529, Relating to the licensure and regulation of psychophysiological detection of deception examiners,
H. B. 2534, Eliminating the property value limit on the application of the tax,
Com. Sub. for H. B. 2556, Requiring the insurance commissioner to issue an annual communication to increase awareness of certain flood insurance issues,
Com. Sub. for H. B. 2702, Eliminating the examination assessment fee on risk retention groups,
H. B. 2771, Repealing exemptions from gasoline and special fuels excise tax for bulk sales to interstate motor carriers,
H. B. 2793, Relating to the West Virginia real estate commission and limiting certain reciprocity provisions,
Com. Sub. for H. B. 2799, Relating to the West Virginia state police and the re-employment of recently retired troopers,
Com. Sub. for H. B. 2814, Increasing the misdemeanor penalties for failure to yield the right-of-way,
H. B. 2846, Adding professional surveyors to the list of professionals who may organize professional limited liability companies,
Com. Sub. for H. B. 2865, Upgrading the criminal offense of damaging or destroying real or personal property owned by a railroad company or public utility,
Com. Sub. for H. B. 2881, Striking the provision requiring that post mining water discharges have to be better to or equal to pre-mining water discharge,
H. B. 2882, Limiting requirements for stays for appeals under the surface coal mining and reclamation act for unjust hardship,
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,
And,
H. B. 2983, Relating to the teachers' retirement system.
On the passage of the bills, the yeas and nays were taken (Roll Nos. 64-79), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2441, Com. Sub. for H. B. 2477, Com. Sub. for H. B. 2529, H. B. 2534, Com. Sub. for H. B. 2556, Com. Sub. for H. B. 2702, H. B. 2771, H. B. 2793, Com. Sub. for H. B. 2799, Com. Sub. for H. B. 2814, H. B. 2846, Com. Sub. for H. B. 2865, Com. Sub. for H. B. 2881, H. B. 2882, H. B. 2975 and H. B. 2983) passed.
Delegate Staton moved that H. B. 2975 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 80), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2975) takes effect from its passage.
Delegate Staton moved that H. B. 2983 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 81), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2983) 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.
The following bills on third reading, coming up in regular order, were, on motion of Delegate Staton, laid over one day:
H. B. 2920, Increasing certain benefits to dependents of a state trooper killed in the line of duty,
And,
H. B. 2984, Increasing the amount of service credit a teacher off work due to a compensable injury may purchase.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 2984 be removed from the Consent Calendar and be placed upon the House Calendar.
The Clerk announced that, pursuant to House Rule 70a, the Speaker had requested H. B. 2920 be removed from the Consent Calendar and be placed upon the House Calendar.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2603, DEP, standards for beneficial use of materials similar to sewage sludge,
And,
H. B. 2823, Modifying delinquent real and personal property collection and purchase requirements.
The Clerk announced that, pursuant to House Rule 70a, Delegate DeLong had requested H. B. 2823 be removed from the Consent Calendar and be placed upon the House Calendar.
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. 163, Continuing driver's licensing advisory board,
S. B. 282, Continuing division of motor vehicles,
H. B. 2282, Relating to payment to magistrates who serve temporarily outside their elected counties,
Com. Sub. for H. B. 2359, Allowing the state fire marshal to retain all of the special revenue fees collected by his office,
H. B. 2505, Allowing municipalities to establish a procedure for run-off elections in cases of tie votes in municipal elections,
Com. Sub. for H. B. 2712, Including mental health parity applicability to non-employer groups,
Com. Sub. for 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,
H. B. 2891, Repealing the requirement that the tax commissioner annually report the amount of gasoline and special fuel tax collected in each county.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 2359 be removed from the Consent Calendar and be placed upon the House Calendar.
Special Calendar

Unfinished Business

H. C. R. 6, Continuing a study of the current methods of approving and managing renovation and restoration projects for areas of the state capitol complex that are of great value and historical significance; 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.
S. C. R. 13, Requesting Division of Highways name bridge crossing Kermit to Kentucky "Herbert 'Hub' Cline 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.
Third Reading

Com. Sub. for H. B. 2114, Limiting the public education allowances provided as part of the total basic foundation program for the 2003 fiscal year; 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. 82), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2114) passed.
Delegate Staton moved that the bill take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 83), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2114) takes effect July 1, 2003.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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; 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. 84), and there were--yeas 89, nays 10, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Calvert, Carmichael, Frich, Hamilton, Leggett, Louisos, Smirl, Sobonya, Walters and Webb.
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2514) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2749, Allowing for reciprocal licensing of physical therapists from other states and countries; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
H. B. 3031, Relating to participation in public school courses and activities by child receiving home instruction; 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. 85), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Caputo, Hamilton and Manchin.
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3031) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading

S. B. 205, Modifying criminal intent for animal cruelty crimes; fines; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absences

At the request of Delegate Staton, and by unanimous consent, a leave of absence was granted Delegate Coleman.
Miscellaneous Business

Delegate Paxton announced that he was absent on Wednesday, February 19, 2003, when the votes were taken on Roll Nos. 61 and 62, and that had he been present, he would have voted "Yea" thereon.
Delegate Duke submitted a written vote explanation on the passage of Com. Sub. for H. B. 2203, which passage vote was taken on February 18, 2003, as follows:
Delegate Duke. Two separate bills, one dealing exclusively with seatbelts and one dealing exclusively with blood alcohol content concerning DUI were merged together into one bill - Com. Sub. for H. B. 2203. Unsuccessful efforts were made to divide the bill so that each could be voted on separately on their own individual merits.
I want to make clear that I would have voted yes if Com. Sub. for H. B. 2203 was a vote solely on lowering the legal blood alcohol content level to .08 concerning DUI. However, due to the fact that Com. Sub. for H. B. 2203 also included major changes to existing seatbelts laws including making a seatbelt violation a primary offense (rather than a secondary offense), I did not feel it was in the best interest of the citizens of West Virginia to vote in the affirmative.

At 12:58 p. m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Friday, February 21, 2003.