__________*__________

Wednesday, January 22, 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 Tuesday, January 21, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2386, Providing for a panel of senior magistrate court clerks to serve in substitution for magistrate court clerks who are on authorized leave,
     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. 2386) 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. 2203, Relating generally to the requirement of wearing seat belts in automobiles.
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2203 - "A Bill to amend and reenact sections forty-three and forty-nine, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty- one, as amended, all relating to requiring all new and used automobiles to be equipped with safety seat belts for all seating locations; prohibiting children from riding in certain cargo areas; and making the offense of failure to wear a safety belt a primary offense and changing the penalty therefor,"
     With the recommendation that the committee substitute do pass.
Messages from the Executive

     Mr. Speaker, Mr. Kiss, presented the following communication and resolution from Mr. James M. Brown, chair of the Citizens Legislative Compensation Commission, created by section thirty-three, article six of the West Virginia Constitution, which was read by the Clerk and ordered filed in his office:
January 21, 2003

The Honorable Darrell E. Holmes
The Honorable Gregory M. Gray
Clerks of the West Virginia State Senate
and House of Delegates
State Capitol Building
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear Clerk Holmes and Clerk Gray:
     As Chairman of the West Virginia Citizens Legislative Compensation Commission, I hereby submit the Commission's recommendations as adopted on January 9, 2003.
     With warmest regard and best wishes, I remain,
                                   Very truly yours,
                                   James M. Brown,
                                    Chair,
                                    West Virginia Citizens Legislative
                                    Compensation Commission.
Resolution Submitting Recommendations with Respect

to Compensation and Expense Allowances

Adopted January 9, 2003

Determination of compensation and expense allowances.
     Whereas, The Citizens Legislative Compensation Commission met pursuant to the call of its chairperson in Charleston, West Virginia, on January 9, 2003; and
     Whereas, The Citizens Legislative Compensation Commission is charged with the responsibility of submitting, by resolution to the Legislature, its determination of compensation and expense allowances for members of the Legislature; now, therefore, be it
     Resolved, by the Citizens Legislative Compensation Commission, at least four of the seven members of the Committee having concurred therein, that the compensation and expenses allowances of members of the Legislature are hereby determined as follows:
     That each member of the Legislature shall receive as compensation for his or her services the sum of 20,000.00 dollars per year, effective with the legislative session beginning in January, 2004, 25,000.00 dollars per year, effective with the legislative session beginning in January 2008, plus such additional compensations as are expressly provided.
     Resolved Further, That in addition to the basic and additional compensation provided, the chairperson of the committees on finance and committees on the judiciary of the respective houses and up to six additional persons from each house, to be named by the presiding officer, shall each receive an additional compensation of one hundred fifty dollars per day, up to a maximum of thirty days, for attending to legislative business in their offices in the capitol building when the Legislature is not in regular, extended or extraordinary session and interim committees are not meeting.
     Resolved Further, That in addition to the basic and additional compensation provided, the President of the Senate and the Speaker of the House of Delegates shall each receive additional compensation of:
     (1) One hundred fifty dollars per day for each day actually served during any regular, extension of regular or extraordinary session as presiding officer, including Saturdays and Sundays; and
     (2) Two hundred dollars per day, up to a maximum of eighty days per calendar year, for attending to legislative business in their offices in the capitol building when the Legislature is not in regular, extension of regular or extraordinary session and interim committees are not meeting.
     Resolved Further, That in addition to the basic and additional compensation provided, the majority leaders and minority leaders of the Senate and of the House of Delegates shall each receive additional compensation of seventy-five dollars per day for each day actually served during any regular, extension of regular or during extraordinary session, including Saturdays and Sundays, as the selected legislative leaders of their respective political parties.
     Further Resolved, That members of the Legislature shall be entitled to medical insurance coverage through the Public Employees Insurance Agency at the same premium rate as full-time, state employees.
     Further Resolved, That the compensation and expense allowance of members of the Legislature not specifically addressed in this resolution shall remain the same.
     Witness the following signatures and seals:
                              James M. Brown,
                              William R. Stone,
                              Anthony J. Yanero,
                              Michael Shaw.
     Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Osteopathy, in accordance with section one, article fourteen-a, 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 Bureau of Senior Services, in accordance with section fourteen, article five-p, chapter sixteen of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Optometry, in accordance with section three, article eight, chapter thirty of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the annual report of the Ohio River Valley Water Sanitation Commission, in accordance with article twelve, chapter twenty-two-c of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Registration for Sanitarians, in accordance with the provisions 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
     S. B. 163 - "A Bill to amend and reenact section seven-a, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the driver's licensing advisory board"; which was referred to the Committee on Government Organization.
     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. 164 - "A Bill to amend and reenact section thirteen, article two-a, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the continuation of the office of coalfield community development"; which was referred to the Committee on Government Organization.
     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. 165 -- "A Bill to amend and reenact section six, article twenty-six-a, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the West Virginia commission for national and community service"; which was referred to the Committee on Government Organization.
     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. 166 - "A Bill to amend and reenact section four, article seven, chapter twenty-two-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the oil and gas inspectors' examining board"; which was referred to the Committee on Government Organization.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
     By Delegates Amores, Cann, R. M. Thompson and Kominar:
     
H. B. 2487 - "A Bill to amend and reenact sections one, two, three and eleven, article twenty-five, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to tax relief for homeowners and renters; providing the same tax relief for persons under sixty-five years of age that is provided for the elderly; providing definitions; computation of relief; and providing effective date"; to the Committee on Finance.
     By Delegates Beach, Shaver, Perry and Stemple:
     
H. B. 2488 - "A Bill to amend and reenact sections two and three, article three-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the fines for trespass to structures and conveyances and to all other tangible properties"; to the Committee on the Judiciary.
     By Delegates Boggs and Stalnaker:
     
H. B. 2489 - "A Bill to amend article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifty-eight, relating to prohibiting state purchases of information technology equipment constructed of flammable materials"; to the Committee on the Judiciary.
     By Delegates Campbell and Canterbury:
     
H. B. 2490 - "A Bill to amend and reenact section fourteen, article eighteen, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to expanding permissible expenditures from the hotel occupancy tax proceeds to include library or other educational facility construction; setting a funding limitation for such construction; and, setting forth various criteria that must be met within a county before the funding may be provided"; to the Committee on Finance.
     By Delegates Caputo and Manchin:
     
H. B. 2491 - "A Bill to amend and reenact section fifteen, article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting the number of cases that juvenile probation officers are required to handle"; to the Committee on the Judiciary then Finance.
     By Delegates Caputo, Coleman, Fleischauer and Manchin:
     
H. B. 2492 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing a reduction in gross income for contributions to state, county or municipal parks"; to the Committee on Finance.
By Delegates Caputo, Manchin, Coleman, Kuhn, Perdue, Hatfield and Brown:

     
H. B. 2493 - "A Bill to amend and reenact section one, article six, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto a new section, designated section ten; to amend and reenact sections ten and eleven, article seventeen of said chapter; to amend said chapter by adding thereto two new articles, designated articles seventeen-a and seventeen-b; to amend and reenact section three, article one, chapter seventeen-e of said code; and to amend chapter twenty-four-a of said code by adding thereto a new article, designated article one-a, all relating to the regulation of commercial vehicles; decreasing speed limits and increasing speeding fines for commercial vehicles transporting coal; authorizing public service commission and its employees to enforce laws of the road for commercial vehicles; authorizing weight enforcement for commercial vehicles moving or parked on or within one hundred feet of public rights-of-way; establishing administrative enforcement process and penalties for vehicles transporting coal; providing legislative findings for special regulation of coal transportation on public highways; defining terms; directing public service commission to administer commercial vehicle weights and measures; providing that the division of highways administers all aspects of weight and safety requirements for public highways; authorizing the public service commission to promulgate emergency and legislative rules; providing special operator and vehicle requirements; providing reporting requirements for vehicle owners, coal shippers and coal receivers; authorizing commission employees to inspect certain weight transportation records; establishing administrative sanctions for coal vehicle weight violations; establishing new criminal penalties for weight violations of vehicles transporting coal; creating criminal penalties for spotting for another vehicle; providing for the transfer of certain duties, authority and employees of the division of highways to the public service commission; providing dates for transfer of these duties; providing that state road funds for these costs be transferred to the public service commission; providing that the transfer of these duties does not alter other law-enforcement agencies authority; and removing weight from this list of non-serious traffic violations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Caputo, Butcher, Kuhn, Boggs, Manchin, Tucker and Martin:

     
H. B. 2494 - "A Bill to amend and reenact section three, article five-c, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to maximum hours of work; and providing that an employee has the right to decline to work more than forty hours in any one work week"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
     By Delegates Caputo, Manchin, Kuhn and Fragale:
     
H. B. 2495 - "A Bill to amend article six, 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 thirty-seven, relating to requiring insurance companies that provide automobile insurance to accept policy premiums, at the option of the insured, either monthly, quarterly, semiannually or annually"; to the Committee on Banking and Insurance then the Judiciary.
     By Delegates Doyle and Manuel:
     
H. B. 2496 - "A Bill to amend and reenact section ten-a, article twenty-two-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the use of a portion of the net terminal income from racetrack video lotteries by county boards of education in the counties where the racetracks are located for capital improvement projects"; to the Committee on the Judiciary then Finance.
     By Delegates Doyle and Manuel:
     
H. B. 2497 - "A Bill to amend chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve-c, relating to voluntary small employer purchasing pools; short title; definitions; authority; alliance contracts; prohibitions; and tax exemptions and deductions"; to the Committee on Industry and Labor, Economic Development and Small Business then Government Organization.
     By Delegates Faircloth and Trump:
     
H. B. 2498 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting all monetary benefits derived from military retirement from personal income tax obligations for those persons who have attained the age of sixty-two"; to the Committee on Finance.
     By Delegates Faircloth and Trump:
     
H. B. 2499 - "A Bill to amend and reenact section two, article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring that persons convicted of first offense driving under the influence or with an alcohol concentration in the blood of eight hundredths of one percent or more by weight pay the costs of their own incarceration, which incarceration is increased from twenty-four hours to three days"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Amores, Webster, Brown, Foster, Warner and Faircloth:

     
H. B. 2500 - "A Bill to amend and reenact section six hundred eight, article five and section four hundred one, article twenty-seven, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to domestic relations generally and clarifying the authority of the courts to continue protective orders during certain proceedings"; to the Committee on the Judiciary.
By Delegates Fragale, Caputo, Kuhn, Stalnaker, Hrutkay and Craig:

     
H. B. 2501 - "A Bill to amend and reenact section fifteen, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing continued employment of a spouse of a newly elected county commissioner with tenured service with a county agency to keep their job"; to the Committee on Political Subdivisions then the Judiciary.
     By Delegate Hall:
     
H. B. 2502 - "A Bill to amend and reenact section two, article two, chapter one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the apportionment of the membership of the House of Delegates; and adding a fifty-ninth delegate district consisting of portions of Mason and Putnam counties"; to the Committee on the Judiciary.
     By Delegates Hall, Carmichael, Border, Romine and Ellem:
     
H. B. 2503 - "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 exempting sales of funeral services, supplies and equipment from the consumer sales tax"; to the Committee on Finance.
     By Delegates Kominar and Doyle:
     
H. B. 2504 - "A Bill to amend and reenact section three, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the consolidated public retirement board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave"; to the Committee on Pensions and Retirement then the Judiciary.
     By Delegates Manuel, Doyle and Amores:
     
H. B. 2505 - "A Bill to amend and reenact section fifteen, article five, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing municipalities to establish a procedure for run-off elections in cases of tie votes in municipal elections"; to the Committee on Political Subdivisions then the Judiciary.
     By Delegates Mezzatesta and Williams:
     
H. B. 2506 - "A Bill to amend and reenact section six, article two-d, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections thirty and thirty-one, article seven, chapter forty-nine of said code, all relating to comprehensive education programs for children placed in behavioral health care facilities; requiring education plan approved by county and state boards in certificate of need review; requiring notice of approved plans to legislative oversight commission; requiring education plan in procedures when certificate of need not required; requiring payment of certain education costs from in-state placement special account; clarifying determination of savings from returning out-of-state placements"; to the Committee on Health and Human Resources then Finance.
By Delegates Overington, Ellem, Howard, Louisos, Azinger, Sobonya and Webb:

     
H. B. 2507 - "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 twenty-two, relating to personal income tax; and authorizing a two-tiered tax credit for parents or legal guardians who provide their children with either home or private schooling"; to the Committee on Education then Finance.
     By Delegates Proudfoot and Leach:
     
H. B. 2508 - "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 exempting from the sales tax all service charges and sales related to funeral, burial or other costs involved in the handling and disposition of human remains"; to the Committee on Finance.
     By Delegate Schoen:
     
H. B. 2509 - "A Bill to amend and reenact section one hundred one, article eleven, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to support of children and providing that parents whose parental rights are terminated continue to be responsible for support until the child is adopted, reaches age of majority or is otherwise emancipated"; to the Committee on the Judiciary.
By Delegates Stalnaker, Williams, Mezzatesta, Ennis and Manchin:

     
H. B. 2510 - "A Bill to amend and reenact section two, article two, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the teachers retirement system; including service personnel eligibility for five hundred dollar early retirement notification bonus"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stalnaker, Beane, Warner, Fragale, Cann, Azinger and Iaquinta:

     
H. B. 2511 - "A Bill to amend and reenact section fourteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the issuance of a special motor vehicle license plate for 'Nemesis Shrine' members"; to the Committee on Roads and Transportation then Finance.
     By Delegates R. Thompson and Perdue:
     
H. B. 2512 - "A Bill to amend and reenact section six, article one-a, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to competitive bidding and notice requirements for the development of natural resources in which the public land corporation has an interest; and requiring public hearings, publication of notices and procedure if evidence establishes or fails to establish the fair market value of the mineral interest"; to the Committee on the Judiciary then Finance.
     By Delegates R. Thompson and Perdue:
     
H. B. 2513 - "A Bill to amend and reenact section twenty-five, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing language which might reduce a public employee's disability benefits on attaining sixty-five years of age"; to the Committee on Pensions and Retirement then Finance.
     By Delegates R. M. Thompson, Perry and G. White:
     
H. B. 2514 - "A Bill to amend and reenact section two, article three, chapter thirty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the authority of the board of banking and financial institutions to remove directors, officers or employees of financial institutions and prohibit them from participating in the conduct of affairs of other financial institutions"; to the Committee on Banking and Insurance then the Judiciary.
     By Delegates Trump, Ellem, Carmichael, Armstead and Schadler:        
     H. B. 2515
- "A Bill to amend and reenact section four, article twenty-four, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West Virginia corporate net income tax; reducing of the rate of the corporate net income tax from nine percent to six percent by reducing the rate of tax by one half of one percent per year, commencing the first day of July, two thousand three"; to the Committee on Finance.
     By Delegates Walters, Webb and Armstead:
     
H. B. 2516 - "A Bill to amend chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating to the state payment for state mandates act; legislative findings; definitions; requirement for funding of state mandates; establishing office of local mandates; mandate review requirements; notification of local impact statement; and appropriations requirement"; to the Committee on Government Organization then Finance.
     By Delegates Walters, Hall and Armstead:
     
H. B. 2517 - "A Bill to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-i, relating to abortions generally and requiring notice of an abortion to be provided the father of the unborn child"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegates Walters, Armstead and Webb:
     
H. B. 2518 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the allowance of mortgage or deed of trust interest paid on a personal residence as a deduction for personal income tax purposes"; to the Committee on Finance.
     By Delegates Warner, Boggs, Stalnaker and Border:
     
H. B. 2519 - "A Bill to amend and reenact section one, article one, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to annual reporting by the public service commission and specifically requiring reporting of all violations by railroads of the rules of the public service commission or of the federal railroad administration and all other safety violations by railroads"; to the Committee on the Judiciary.
By Delegates Williams, DeLong, Stemple, Shaver, Perry and Canterbury:

     
H. B. 2520 - "A Bill to amend and reenact section two, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public school support generally and including adults enrolled in approved family literacy programs in the net enrollment count of the public school support plan on a full-time equivalency basis"; to the Committee on Education then Finance.
     By Delegates Williams and Mezzatesta:
     
H. B. 2521 - "A Bill to amend article fourteen, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven, relating to establishing the school psychologist internship program; legislative findings and intent; program provisions and requirements; collaboration; policy; funding limitations; and service agreement"; to the Committee on Education then Finance.
     By Delegates Yeager, Williams, Stemple and Ashley:
     
H. B. 2522 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to personal income taxes generally and adding the retirement income of conservation officers as a modification reducing the federal adjusted gross income"; to the Committee on Pensions and Retirement then Finance.
Consent Calendar

Third Reading

     H. B. 2323
, Establishing a division of school personnel within the state department of education by July 1, 2003; 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. 20), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent And Not Voting: Cann, Coleman, Ennis and Leach.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2323) passed.
     Delegate Staton moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 21), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent And Not Voting: Cann, Coleman, Ennis and Leach.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2323) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 2090, Requiring the Ethics Commission to establish a code of conduct for state administrative law judges,
     And,
     H. B. 2486, Continuing the public employees insurance agency.
House Calendar

Third Reading

     H. B. 2402, Relating to early childhood education programs; 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. 22), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Kuhn, Poling, Webb and Yeager.
     Absent And Not Voting: Coleman, Ennis and Leach.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2402) passed.
     Delegate Staton moved that the bill take effect July 1, 2003.
     On this question, the yeas and nays were taken (Roll No. 23), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Yeager.
     Absent And Not Voting: Coleman, Ennis, Leach and Webb.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2402) 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.
Leaves of Absences

     At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Coleman, Ennis and Leach.
Miscellaneous Business

     Delegate Iaquinta announced that he was absent on yesterday when the votes were taken on H. B. 2300 (Roll Nos. 18 and 19), and that had he been present, he would have voted "Yea" thereon.
     At 11:41 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, January 23, 2003.