__________*__________
Monday, January 13,2003
The House of Delegates met at 1:00 p.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 Friday, January 10, 2003, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
The Speaker announced that Delegate Leach had qualified prior to the convening of the
session today, by taking and subscribing to the several oaths of office as prescribed by Section 16,
Article VI of the Constitution of the State of West Virginia, which oaths of office were administered
in the Hall of the House of Delegates by the Honorable Gregory M. Gray, Clerk of the House of
Delegates.
Committee Reports
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2052, Including nationally accredited institutions in the definition of "eligible
institution" for purposes of the in-state excellence scholarship program,
And reports back a committee substitute therefor, by unanimous vote of the committee, with
a new title, as follows:
Com. Sub. for H. B. 2052 - "A Bill to amend article one, chapter eighteen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section five; to amend article seven of said chapter by adding thereto a new section,
designated section three-a; and to amend and reenact section three of said article seven, all relating
to higher education; student financial aid; defined terms; expanding definition of 'eligible
institution'; award eligibility in certain circumstances; and establishing funding priority for student
financial aid in certain circumstances,"
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. 2052) will be placed on the
Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the State Auditor's annual report of the West Virginia State
Licensing Boards Required Training Seminar, in accordance with section two-f, article one, chapter
thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the SIDS annual report of the Department of Health and
Human Resources, in accordance with section ten, article one, chapter sixteen of the code; which was
filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2001-2002 annual report of the West Virginia Board
of Examiners for Registered Professional Nurses, in accordance with section four, article seven, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Massage Therapy
Licensure Board, in accordance with section twelve, article one, chapter thirty of the code; which
was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Parole Board, in
accordance with section twenty, article one, chapter five of the code; which was filed in the Clerk's
Office.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Fleischauer, Susman, Hrutkay, Webster, Fragale and Doyle:
H. J. R. 1 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section thirteen, article six thereof, relating to eligibility of the citizens of the state to seat;
numbering and designating such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the
Judiciary.
Delegate Louisos offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. R. 7 - "Amending the rules of the House of Delegates, by adding Rule 66a, relating to
limiting action on all pending bills after the fiftieth day of the session until the budget is passed; and
providing no salaries if legislative session extended for passage of budget."
Resolved by the House of Delegates:
Mandatory Action on Budget; no salaries during extended session for budget.
66a. After the fiftieth day of any legislative session, no matters pending or sought to be
brought before the House may be considered or otherwise acted upon until the annual budget has
been voted upon and approved by the members.
If a legislative session is extended after the sixtieth day for passage of the annual budget,
members of the House may not receive any additional salaries or per diem pay, but are entitled to
receive their expenses incurred.
Petitions
Delegates Caputo and Manchin presented a petition, signed by one thousand three hundred
forty residents of the State, requesting that school prayer be reinstated; which was referred to the
Committee on the Judiciary.
Delegates Hamilton and Stalnaker presented a petition, signed by one hundred ninety-eight
residents of the thirty-ninth district, requesting an extension of the water line located at Alexander
and Selbyville Road; which was referred to the Committee on Political Subdivisions.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Amores, Long, Michael, Trump, Craig, Hall and Beane:
H. B. 2124 - "A Bill to amend and reenact sections one, two, three, six, seven, eight and
nine, article seven-b, chapter fifty-five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to further amend said article seven-b by adding thereto seven new
sections, designated sections two-a, ten, eleven, twelve, thirteen, fourteen and fifteen, all relating to medical professional liability; modifying certain statutory and common law procedures and common
law procedures and causes of action relating to medical professional liability actions; defining terms;
creating exclusive remedies for action against health care providers; establishing new elements of
proof; modifying notice requirements; modifying the qualifications for experts who testify in medical
professional liability actions; limiting liability for noneconomic loss; eliminating joint, but not
several, liability among multiple defendants in medical professional liability actions;
reduction in
damage awards for certain collateral source payments to claimants; providing for the periodic
payment of certain damage awards; limiting liability for trauma care; providing consumer safeguards
for attorney contingent fee arrangements; and establishing effective dates and providing for
severability"; to the Committee on the Judiciary.
By Delegates DeLong, Ennis, Manchin and Swartzmiller (By Request):
H. B. 2125 - "A Bill to amend and reenact sections 1101 and 1408, article twenty- two-b,
chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to increasing lottery profits on video lottery terminals"; to the Committee on the Judiciary
then Finance.
By Delegates Fleischauer and Beach:
H. B. 2126 - "A Bill to amend and reenact sections twelve, sixteen-a and twenty-seven,
article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one,
as amended; to amend and reenact section four, article three-a of said chapter; and to amend and
reenact section three, article three, chapter sixty-one of said code, all relating to violations of fire
laws and rules; increasing penalties; and providing criminal penalty under certain circumstances for
persons involved in setting fires in public rights-of-way"; to the Committee on the Judiciary.
By Delegates Fleischauer, Manuel and Warner:
H. B. 2127 - "A Bill to amend and reenact section three, article six, chapter twenty-one-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
unemployment compensation generally and providing for the payment of unemployment
compensation when a person misses work due to domestic violence"; to the Committee on the
Judiciary then Finance.
By Delegates Fleischauer, Leach, R. M. Thompson, Warner, Poling and Boggs:
H. B. 2128 - "A Bill to amend chapter nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto two new articles, designated articles ten and
eleven, all relating to increasing senior citizens' access to medicines; establishing medicaid outreach
and enrollment program and expanding medicaid eligibility for prescription drug coverage"; to the
Committee on Health and Human Resources then Finance.
By Delegates Fleischauer, Hrutkay, Beach, Perry and Williams:
H. B. 2129 - "A Bill to amend chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-o,
relating to authorizing the maintenance and operation of nontraditional career development centers
for displaced homemakers and single parents; providing for powers and duties of the secretary of
education and the arts; establishing services to be offered; providing for allocation of state funding;
and requiring annual report"; to the Committee on Government Organization then Finance.
By Delegates Fleischauer, Hatfield and Susman:
H. B. 2130 - "A Bill to amend chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-four, relating to regulating the operation of all-terrain vehicles; prohibiting certain acts by the
operator, seller and rental agent; requiring certain equipment; and requiring notification of
accidents"; to the Committee on the Judiciary.
By Delegates Fleischauer, Tucker, Frederick, Kominar and H. White:
H. B. 2131 - "A Bill to amend and reenact sections one and three, article three, chapter five-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the
small business state contracting act of 2003; providing definition of small business; and authorizing
the director of purchasing to propose legislative rules to develop and implement a method for
spending units to purchase commodities from resident small business vendors with a goal of twenty-
three percent of state contracts awarded to resident small businesses"; to the Committee on
Government Organization then Finance.
By Delegate Williams:
H. B. 2132 - "A Bill to amend and reenact section seventeen, article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to the state teachers retirement system generally and granting retirement credit under certain
circumstances to teachers for years of service at private four-year colleges and universities in West
Virginia"; to the Committee on Pensions and Retirement then Finance.
By Delegate Hall:
H. B. 2133 - "A Bill to amend and reenact section eleven-c, article five, chapter nine of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting the
department of health and human resources from collecting, from an estate of a person who had
received medicaid assistance, amounts expended for the assistance"; to the Committee on Health and Human Resources then Finance.
By Delegates Hall and Carmichael:
H. B. 2134 - "A Bill to amend article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section four-g, relating to personal income tax generally and exempting from such tax
the first fifty thousand dollars of income of a husband and wife filing a joint tax return; exempting
the first twenty-five thousand dollars of income of an individual filing an individual tax return and
providing a four percent tax on all income above those levels"; to the Committee on Finance.
By Delegates Hall, Amores, Anderson and Paxton:
H. B. 2135 - "A Bill to amend and reenact section twelve, article three, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
criminal offense of breaking and entering a building other than a dwelling and removing intent as
an element of that offense"; to the Committee on the Judiciary.
By Delegates Hall, Manuel and Doyle:
H. B. 2136 - "A Bill to amend and reenact section seventeen, article one, chapter three of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section four, article five of said chapter; and to amend and reenact section one, article one, chapter
fifty of said code, all relating to election of magistrates, providing for numbered divisions within
counties having more than one magistrate for election purposes only beginning with the primary and
general elections to be held in the year two thousand four; and providing for the nomination or
election of a candidate for magistrate receiving the highest number of votes within a division"; to
the Committee on the Judiciary.
By Delegate Hatfield:
H. B. 2137 - "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 six-b, relating to requiring nurse representation on boards of directors of hospitals and
corporations that operate hospitals"; to the Committee on Health and Human Resources then
Government Organization.
By Delegate Hatfield:
H. B. 2138 - "A Bill to amend and reenact section eleven-b, article one-c, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to taxation
of real property; and providing formula for valuation of managed timberland"; to the Committee on
Finance.
By Delegates Hatfield, Hrutkay, Caputo and Manuel:
H. B. 2139 - "A Bill to amend chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
five-f, relating to restricting mandatory overtime in certain health care facilities; providing for
enforcement; providing certain provisions in agreements contrary to the restrictions are void; and
providing criminal penalties"; to the Committee on Industry and Labor, Economic Development and
Small Business then the Judiciary.
By Delegates Hatfield, Fleischauer, Perdue, Mahan, Coleman and Faircloth:
H. B. 2140 - "A Bill to amend chapter nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article ten, relating to
prohibiting certain nursing homes from using state funds for activities unrelated to the provision of health care services; and authorizing civil actions for enforcement; and authorizing civil penalties";
to the Committee on Health and Human Resources then the Judiciary.
By Delegates Kominar, H. White, Browning, Mahan and Faircloth:
H. B. 2141 - "A Bill to amend article two, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
one-a, relating to providing that members and staff of the Legislature shall receive one quarter of
required continuing education for each regular session worked or served; clarifying that certain
attorneys are exempt from mandatory continuing education; and specifying crime and criminal
penalties"; to the Committee on the Judiciary.
By Delegate Kuhn:
H. B. 2142 - "A Bill to amend article fifteen, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-two, relating to accident and sickness insurance generally; and prohibiting
certain insurers from requiring any person covered under a contract to obtain prescription drugs from
a mail-order pharmacy in order to obtain benefits for drugs or to pay a fee for using another
pharmacy"; to the Committee on Banking and Insurance then Finance.
By Delegates Kuhn, H. White, Varner and Caputo:
H. B. 2143 - "A Bill to amend and reenact section two, article three-a, chapter twenty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
including the Legislature and the former departments of corrections and health within the coverage
of the West Virginia Occupational Safety and Health Act"; to the Committee on Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Kuhn, Tucker, Butcher, Stalnaker, Hrutkay, Perry and Perdue:
H. B. 2144 - "A Bill to amend and reenact section eight, article twelve, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring
alternatively flashing headlights on the front of school buses that are stopped"; to the Committee on
Roads and Transportation then Finance.
By Delegate Leggett:
H. B. 2145 - "A Bill to amend article twenty, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-one, relating to reduction of premium charges for school bus operators and
drivers' education instructors"; to the Committee on Banking and Insurance then Education.
By Delegate Williams:
H. B. 2146 - "A Bill to amend and reenact section seventeen, article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to state teachers retirement system generally and providing that at the time of retirement, a nonactive
member of the teachers retirement system with fifteen or more years of credited service receive
service credit for any unused personal leave days which were accumulated while an active member
of the retirement system"; to the Committee on Pensions and Retirement then Finance.
By Delegate Manchin:
H. B. 2147 - "A Bill to amend article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section twelve-f, relating to exempting from state income tax all income of West Virginia
residents over the age of seventy-four years"; to the Committee on Finance.
By Delegate Manchin:
H. B. 2148 - "A Bill to amend article two, chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section fifteen-b, relating to armed assault or conspiracy to commit armed assault upon school
property, or against school personnel or students while on school property; definitions; penalties";
to the Committee on the Judiciary.
By Delegate Manchin:
H. B. 2149 - "A Bill to amend article ten, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twenty-two-h; and to amend article seven-a, chapter eighteen of said code, by adding thereto a new
section, designated section twenty-six-t, all relating to increasing benefits of retired state personnel
and retired teachers by five percent a year for three years"; to the Committee on Pensions and
Retirement then Finance.
By Delegate Mezzatesta:
H. B. 2150 - "A Bill to amend article one, chapter thirty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section one hundred fifty-nine, relating to home owner associations; requiring officers and directors
to post bond; registration with the county commission; county commission to appoint agent to hold
association officers and directors to their fiduciary responsibility; qualifications of agent;
appointment of knowledgeable person to carry out functions of association in times that disputes are
not resolved; dismantling the association when disputes are not solvable; authorizing the secretary
of state to restructure the association; and providing that no past officers or directors may serve on newly restructured association"; to the Committee on Political Subdivision then the Judiciary.
By Delegate Mezzatesta:
H. B. 2151 - "A Bill to amend article four, chapter eighteen-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two-b, relating to establishing a state minimum salary supplement for speech-language
pathologists and audiologists who hold certification by the American speech-language-hearing
association"; to the Committee on Education then Finance.
By Delegate Mezzatesta:
H. B. 2152 - "A Bill to amend and reenact section two-c, article three, chapter eighteen-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting
required attendance in principals academy training to certain times within the school year"; to the
Committee on Education.
By Delegate Mezzatesta:
H. B. 2153 - "A Bill to amend and reenact section four-e, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and
reenact section six, article five-p, chapter sixteen of said code; and to further amend said article five-
p, by adding thereto a new section, designated section ten-a, all relating to the 'senior citizens
prescription drug subsidy program'; enumerating criteria to be used in determining eligibility to
participate; requiring the bureau for senior services to administer the program; requiring transfer of
those funds into a special account for the program; naming the account; increasing the rate at the
maximum level of taxation for personal income by three percent and providing that the income
derived from this increase shall be placed in a special account and used for the 'senior citizens prescription drug subsidy program'"; to the Committee on Health and Human Resources then
Finance.
By Delegates Mezzatesta and Williams:
H. B. 2154 - "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; and to amend and
reenact section five, article five-a of said chapter, all relating to the school calender generally;
scheduling days in the school calender for instructional support and enhancement days; providing
for both instructional activities for students and professional activities for teachers; listing certain
instructional activities and professional activities; providing that the state board may not schedule
the primary statewide assessment program prior to the first day of May; providing that faculty
meeting times on instructional support and enhancement days be used solely for the meeting of the
faculty senate"; to the Committee on Education.
By Delegates Mezzatesta and Williams:
H. B. 2155 - "A Bill to amend and reenact section one, article ten, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to higher
education; tuition and fees; and providing a method for setting a cap on tuition and fees"; to the
Committee on Education then Finance.
By Delegate Michael:
H. B. 2156 - "A Bill to amend and reenact section six, article seven, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to dangerous
weapons generally and allowing mental hygiene commissioners to carry concealed weapons"; to the
Committee on the Judiciary.
By Delegate Overington:
H. B. 2157 - "A Bill to amend and reenact sections four and five, article fourteen, chapter
thirty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to the self-service storage lien act providing for an increase in late fees; shortening the time
to be considered in default; adding sale by private auction as well as public auction; and shortening
the time that personal property may be sold at a public or private auction"; to the Committee on the
Judiciary.
By Delegate Paxton:
H. B. 2158 - "A Bill to amend and reenact section seven, article four, chapter eighteen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to substitute
teacher pay generally and providing for the full daily rate if the teacher had ten instruction days in
the same school year"; to the Committee on Education then Finance.
By Delegates Pino and Yeager:
H. B. 2159 - "A Bill to amend and reenact section three, article three, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing
the number of peremptory juror strikes to which the prosecutor and the accused are entitled in the
trial of a criminal case and changing the order in which the strikes are made"; to the Committee on
the Judiciary.
By Delegate Smirl:
H. B. 2160 - "A Bill to amend and reenact section six, article four, chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring county
assessors to notify new owners of real property of the real property tax liability on that property"; to the Committee on the Judiciary then Finance.
By Delegate Spencer:
H. B. 2161 - "A Bill to amend article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section twelve-f, relating to providing state income tax exemption for first year businesses
with at least one employee that have net income of less than fifty thousand dollars"; to the
Committee on Finance.
By Delegates Spencer, Webster and Amores
H. B. 2162 - "A Bill to amend and reenact section seven, article five, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
candidates for county-wide office the option of filing with either the county clerk or the secretary of
state"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 2163 - "A Bill to amend and reenact section one, article five, chapter twenty-seven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
certified municipal law-enforcement officers to transport and present mentally incompetent persons
to mental health care facilities upon the order of a circuit court or mental hygiene commissioner; and
'certified municipal law-enforcement officer' defined"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 2164 - "A Bill to amend and reenact section eight, article five, chapter fifty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that
unless a criminal defendant in magistrate court requests a jury trial in writing within twenty days from the date of his or her initial appearance, he or she forever waives their right to a jury upon the
criminal offense or offenses for which they were required to make the initial appearance"; to the
Committee on the Judiciary.
By Delegate Webb:
H. B. 2165 - "A Bill to amend and reenact section two hundred twenty-eight, article one,
chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the definition of gross income for child support purposes generally and excluding certain
income received from a second employer from the definition of gross income"; to the Committee
on the Judiciary.
By Delegate Webb:
H. B. 2166 - "A Bill to amend and reenact section twenty-nine, article two, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to abuse
of an incapacitated adult; and setting a penalty of two to ten years confinement in a state correctional
facility upon conviction of the crime of intentional abuse of an incapacitated adult"; to the
Committee on the Judiciary.
By Delegate Webb:
H. B. 2167 - "A Bill to amend and reenact section one, article five, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section eighteen-a, article seven, chapter twenty of said code; and to amend article two, chapter sixty-
one of said code by adding thereto a new section, designated section thirty, all relating to creating
a separate crime for the death of a viable fetus caused by the criminal slaying of the mother of the
fetus"; to the Committee on the Judiciary.
By Delegate Webb:
H. B. 2168 - "A Bill to amend article eight-d, 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 ten, relating to providing that in a criminal case involving the neglect, murder or sexual abuse
of a child by a parent, guardian or custodian, the discovery requirements imposed on the department
of health and human resources as part of a related civil abuse and neglect proceeding will be held
in abeyance until the circuit judge hearing the criminal case has addressed discovery in the criminal
case"; to the Committee on the Judiciary.
By Delegate Webb:
H. B. 2169 - "A Bill to amend and reenact section thirty, article three, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing
the felony offense of destruction of property when the cost of the property damage exceeds one
thousand dollars."; to the Committee on the Judiciary.
By Delegate Webb:
H. B. 2170 - "A Bill to amend article four, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twenty-one; and to amend article five of said chapter by adding thereto a new section, designated
section fifteen, all relating to taxation; assessment of real property; and limiting the increase of
taxation on Class II, III and IV personal property"; to the Committee on the Judiciary then Finance.
By Delegate Webb:
H. B. 2171 - "A Bill to amend and reenact section eight hundred one, article thirteen, chapter
forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the court to allocate the full tax benefit for the payment of child support to one party
parent when an allocation would be of no benefit to the other"; to the Committee on the Judiciary.
By Delegate Webb:
H. B. 2172 - "A Bill to amend chapter five-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article four, relating to
the West Virginia 'Job Creation Zones Act of 2003'; providing for certain tax exemptions for
qualified new businesses in the ten West Virginia counties with the highest rate of unemployment;
and providing other conditions and procedures"; to the Committee on Industry and Labor, Economic
Development and Small Business then Finance.
By Delegate Webb (By Request):
H. B. 2173 - "A Bill to amend article fifteen, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-nine, relating to the consumers sales tax; and imposing a moratorium on consumers
sales tax for personal computer sales for in-home and small business use for the period from the
sixteenth day of August through the twenty-third day of August each year"; to the Committee on
Finance.
By Delegates G. White, Overington, Stalnaker and Evans:
H. B. 2174 - "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 court venue
generally and limiting state court venue for plaintiffs when the defendant is a corporation and
requiring transfer of certain actions to a court in another state if venue is proper in another state";
to the Committee on the Judiciary.
Consent Calendar
Second Reading
Com. Sub. for H. B. 2001, Restricting public access to military discharge forms recorded
in the county clerks office; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2051, Expanding the eligibility of part-time students for higher
education adult part-time student grants,
Com. Sub. for H. B. 2077, Removing the requirement that the Joint Committee on
Government and Finance be given reports on the Colin Anderson closure and relocation of patients,
And,
Com. Sub. for H. B. 2082, Relating to the higher education policy commission.
At 1:41 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Tuesday, January 14, 2003.