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Tuesday, January 28, 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 Monday, January 27, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 2155, Providing a method for setting a cap on tuition and fees for higher education,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2155 - "A Bill to amend and reenact section three, article one-a, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article ten of said chapter, all relating to higher education; tuition and fees; peer institutions; adjustments to peer institutions; and limitations on tuition and fee increases,"
     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. 2155) to the Committee on Finance was abrogated.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub for H. B. 2155) was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 2693, Providing the ability to define and draw DNA samples from convicted felons for maintaining a DNA database,
     And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
     The Clerk announced that, pursuant to House Rule 70a, Delegate Schoen had requested H. B. 2693, be removed from the Consent Calendar and be placed upon the House Calendar.
     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2512, Relating to competitive bidding and notice requirements for the development of natural resources in which the public land corporation has an interest,
     And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
     Com. Sub. for 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,"
     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. 2512) 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. 2512) will be placed on the Consent Calendar.
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. 178 - "A Bill to amend and reenact section two, article two-a, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to subject matter jurisdiction in the family courts; and including in that jurisdiction all actions for payment of attorney fees in some cases, property distribution and spousal support"; 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. 186 - "A Bill to amend and reenact section three, article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to planning and zoning; and defining aggrieved person for purposes of board of zoning appeals"; which was referred to the Committee on Political Subdivisions then 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. 189 - "A Bill to amend and reenact sections five and six, article eight-e, chapter thirty- one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the requirement of notice and conditions for approval of out-of-state bank applications to establish bank branches in West Virginia; alternate method of providing notice to the commissioner; and removal of the commissioner's right to object to branch proposals upon grounds purely dealing with the procedures of the out-of-state bank's supervisory agency"; which was referred to the Committee on Banking and Insurance then 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. 190 - "A Bill to amend and reenact section six, article two, chapter thirty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the bank examination schedule for certain banking institutions"; which was referred to the Committee on Banking and Insurance then 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. 191 - "A Bill to amend and reenact section three, article ten, chapter thirty-one-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the procedure for a state-chartered credit union to convert to a federal charter or a charter of another state; removing the requirement of having a hearing; and increasing the period of required notice to members prior to voting on the issue of conversion"; which was referred to the Committee on Banking and Insurance then 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. 192 - "A Bill to amend and reenact section seven, article eight-a, chapter thirty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the notice required from bank holding companies that apply for financial holding company status"; which was referred to the Committee on Banking and Insurance then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
     S. B. 215 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of health and human resources - West Virginia health care authority, fund 5375, fiscal year 2003, organization 0507, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three"; which was referred to the Committee on Finance.
Resolutions Introduced

     Delegates Fleischauer and Staton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 13 - "Requesting the Joint Committee on Government and Finance to continue its study of the current foster care system in West Virginia in regards to adequacy of funding, revenue maximization, in-state retention, private and therapeutic foster care programs and per diem reimbursement rates."
     Whereas, It is in the best interests of the State to provide for a strong foster care system to fulfill the treatment and permanency needs of our most vulnerable children; and
     Whereas, Currently, West Virginia's foster care system is facing a crisis because of forced reductions in spending and increases in out-of-state placements; and
     Whereas, The number of youth in out-of-state placements has increased substantially during the past year; and
     Whereas, The therapeutic foster care reimbursement rate has not been increased for four years and is inadequate to assure the quantity or quality of foster care homes to meet the needs of West Virginia's youth and children, particularly older youth with more challenging behaviors; and
     Whereas, As a result of inadequate funding of foster care and a decrease in both in-state bed capacity and utilization, youth have "trickled up" in the system of care to higher levels and more costly types of care, including group residential care and out-of-state placements; and
     Whereas, Increasing the overall funding of foster care programs and increasing the per diem rate for reimbursement could help prevent a severe crisis in the programs that provide needed out-of-home placements; and
     Whereas, Increasing the per diem rate for reimbursement should also result in an increased bed capacity in the foster care arena and an enhanced ability to recruit foster parents for youth with more challenging behaviors and older adolescents in the juvenile justice system; and
     Whereas, An increased in-state bed capacity in therapeutic foster care would allow children to be diverted from more expensive group residential care, thus decreasing the need for many out-of-state placements and providing for a source of revenue from savings as an out-of-home care option; and
     Whereas, A productive foster care system is not only an effective treatment for children at risk, it could save the State millions while also providing the option for permanency or adoption; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to continue its study of the current foster care system in West Virginia in regards to adequate funding, revenue maximization, in-state retention, private and therapeutic foster care programs and per diem rates; 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.
     Delegate Martin offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R 14 - "Requesting the West Virginia Division of Highways to name the new bridge from Pomeroy, Ohio to Mason, West Virginia, the 'Sgt. Jimmy G. Stewart Bridge'."
     Whereas, Jimmy G. Stewart was born on December 25, 1942, in West Columbia, Mason County, West Virginia; and
     Whereas, Jimmy G. Stewart was killed May 8, 1966, in action in Vietnam after holding his position for four hours against three North Vietnamese assaults. A surprise early morning attack wounded five members of a six-man squad in Company B of the 2/12 Cavalry Regiment left Staff Sergeant Jimmy G. Stewart virtually alone and one man against the Vietnamese platoon. He emptied magazine after magazine of ammunition at the enemy force and when they threw grenades at the Company B position, he retrieved the grenades and threw them back at the attacking enemy. Staff Sergeant Jimmy G. Stewart held his position for four hours and through three assaults until reinforcements arrived. They found the body of Staff Sergeant Jimmy G. Stewart in an enemy foxhole where he had advanced to add his fire to the reinforcements and eight enemy dead near his immediate position and evidence that fifteen others had been dragged away. 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 life of Jimmy G. Stewart should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the members of the Legislature request the West Virginia Division of Highways to name the new bridge from Pomeroy, Ohio to Mason, West Virginia "Sgt. Jimmy G. Stewart Bridge"; and, be it
     Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, and to the surviving family of Jimmy G. Stewart.
     Delegates Staton and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 15 - "Requesting the West Virginia Division of Highways to name the bridge located between Lillyhaven and Lillydale on State Route 971, Wyoming County, West Virginia, the 'Roger Gene Craig Bridge'."
     Whereas, Roger Gene Craig was born on May 2,1948,at Indian Mills in Summers County, West Virginia, to Thelma Martin Craig and Oliver Craig; and
     Whereas, Roger Gene Craig attended Berlin McKinney School, Oceana Middle School and Oceana High School; and
     Whereas, Roger Gene Craig, unmarried, entered the United States Army in March, 1969 in Fort Jackson, South Carolina. He completed his training at Fort Gordon, Georgia, then went to Fort Hood, Texas and departed on November 5, 1969 for a tour of duty in the Republic of Vietnam serving as a Specialist 4 in the 1st Field Force in the Republic of Vietnam where he started his tour of duty on November 9, 1969, until he was killed in action on May 3, 1970,in Binh Thuan Province of South Vietnam; and
     Whereas, Roger Gene Craig was awarded the following medals posthumously for actions and conduct for participating in ground combat operations in Vietnam at Landing Zone Betty: From April 13, 1970 to April 26, 1970, the Bronze Star Medal with "V": Device, the Purple Heart, the National Defense Medal, the Vietnam Campaign Medal and the Vietnam Service Medal; and
     Whereas, Roger Gene Craig was 22 years old when he died in the service of his country, a world away from his native State of West Virginia and his family and friends; prior to his death, he had volunteered to join a reaction force to combat enemy troops who were advancing on the area firing rockets, automatic weapons and small arms at the out manned defenders. The truck in which Specialist 4 Craig was riding was struck by an enemy rocket and with complete disregard for his own safety, he dismounted the damaged truck and began delivering withering suppressive fire on the enemy until he was mortally wounded by an enemy thrown grenade. His heroism and conduct was in keeping with the highest traditions of military discipline, bravery and devotion to his military service, his fellow servicemen and his country; and
     Whereas, Roger Gene Craig unselfishly made the supreme sacrifice for his country, State, family and friends and in so doing, joined the legions of young American men and women who have given their lives in past decades so that other people might have a chance to know the meaning of freedom which is so dear to Americans and West Virginians, who have died and will continue to die to defend it; and
     Whereas, The life and sacrifice of Roger Gene Craig should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the members of the Legislature request the West Virginia Division of Highways to name the bridge between Lillyhaven and Lillydale on State Route 971, Wyoming County, West Virginia, the "Roger Gene Craig Bridge"; and, be it
     Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, and to the surviving relatives of Roger Gene Craig.
     On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
     By Delegates Manuel, Doyle, Tabb and Trump:
    H. J. R. 10 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section seven, article ten thereof, relating to eliminating the requirement for a three-fifths majority vote in order for a local levying body to impose an excess levy; 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.
     Mr. Speaker, Mr. Kiss, and Delegates Poling, Boggs, Browning, Butcher, Campbell, Craig, Ferrell, Hrutkay, Leach, Louisos, Mahan, Morgan, Pino, Shelton, Staton, Stemple, Sumner, Susman, Talbott, R. M. Thompson, H. White, Wright, Canterbury and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 10 - "Recognizing, commending and urging the support of the work, contributions and opportunities that West Virginia Rural Champion Communities can provide this state."
     Whereas, The Alliance of West Virginia Champion Communities has been meeting for over a year and in the last few months has made a commitment to form a state-wide collaborative. By working together the group feels they can be more effective than working separately. Within the group, there is considerable organizational capacity as each entity has gone through a lengthy strategic planning process to produce a document to submit to the federal government. All have been operating as champions for up to seven years, since the program was introduced in 1995. While the alliance itself is new, the capacity within it is impressive; and
     Whereas, The mission statement of the alliance states the following:
     "The Alliance of West Virginia Champion Communities is a collaboration of citizen-led community-based partnerships that are implementing a strategic vision for change, leading to an empowered and locally-motivated people organized for mutual benefit and able to share knowledge, strategies and activities for community improvement."; and
     Whereas, The Alliance of West Virginia Champion Communities is an informal network of seven federally designated Champion Communities in West Virginia. These seven Champion Communities represent portions or all of the following twelve counties: Tricounty (Summers County, Greenbrier County and Fayette County), Mountain Champion (Webster County and a portion of Nicholas County), CAEZ (Clay County, Braxton County, Nicholas County, Fayette County, and Roane County), and Lincoln County, McDowell County, Barbour County and Wyoming County; and
     Whereas, Each Champion Community is established to improve the economic and community development of rural regions and to mitigate the negative effects of a lack of employment opportunities, job losses, lack of affordable housing, reduced educational resources and inadequate social services on rural communities. Each Champion Community will also create an environment for communities to find strategies to solve their own problems and gain sustainable development; and
     Whereas, The Champion Community program is designed to afford communities real opportunities for growth and revitalization. The framework of the program is embodied in four key principles:
     (a) Economic opportunity. -- The first priority in revitalizing distressed communities is to create economic opportunities - jobs and work - for all residents. The creation of jobs, both within the community and throughout the region provides the foundation on which residents will become economically self-sufficient and communities can revitalize themselves. Opportunities for entrepreneurial initiatives, small business expansion, and training for jobs that offer upward mobility are other key elements for providing economic opportunity and direction;
     (b) Sustainable community development. -- The creation of jobs is the first critical step toward the creation of a livable and vibrant community where human initiative, work and stable families can flourish. However, economic development can only be successful when part of a coordinated and comprehensive strategy that includes physical development as well a human development. A community where streets are safe to walk, the air and water are clean, housing is secure, and human services are accessible, and where a vital civic spirit is nurtured by innovation design, is a community that can be a source of strength and hope to its residents. A community where learning is a commitment for life can foster the skills, habits of mind and attitudes that will make work reward and families nurturing. The Champion Community program seeks to empower communities by supporting local plans that coordinate economic, physical, environmental, community and human development.
     (c) Community-based partnerships. - The road to economic opportunity and community development starts with broad participation by all segments of the community. The residents themselves are the most important element of revitalization. Others are the political and governmental leadership, community groups, health and social service groups, environmental groups, religious organizations, the private and nonprofit sectors, centers of learning and other community institutions.
     Communities cannot succeed with public resources alone. Private and nonprofit support and involvements are critical to the success of a community seeking revitalization. Partners also must be created within and among the levels of government. Government departments and agencies on all levels must work together to ensure that relevant programs and resources can be used in a coordinated, flexible and timely fashion to help implement the community's strategic plan and that regulatory and other barriers to sustainable growth are removed.
     (d) Strategic vision for change. - The strategic vision for change is a comprehensive strategic map for revitalization. It is a means to analyze the full local context and the linkages to the larger region. It builds on the community's assets and coordinates its response to its needs including public safety, human and social services and environmental protection. It integrates economic, physical, environmental, community and human development in a comprehensive and coordinated fashion so that families and communities can work together and thrive. A strategic plan also sets real goals and performance benchmarks for measuring progress and establishes a framework for assessing how new experience and knowledge can be incorporated on an ongoing basis into a successful plan for revitalization; and
     Whereas, Rural Champion Communities are established in USDA regulations at 7 CAR 25 and are designed by USDA from among the pools of applicants seeking empowerment zone or enterprise community status. The number of Champion Communities is limited to the number of applicants that did not receive either an empowerment zone or an enterprise community designation; therefore, be it
     Resolved by the House of Delegates of West Virginia:
     That the members hereby acknowledge the opportunities that Champion Communities bring to their counties, recognize and commend them as citizen-led, community-based initiatives that are affording distressed communities real opportunities for growth and revitalization and urge the support of their mission and, be it
     Further Resolved, That the members by adopting this resolution encourage the agencies of state government and elected officials at all levels to seek opportunities to partner with these Champion Communities to ensure that related programs and resources can be used in a coordinated, flexible and timely fashion to help implement the community's strategic plan and that regulatory and other barriers to sustainable growth within their scope of responsibility are either altered or removed.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
     By Delegates Beane and Kuhn:
     
H. B. 2706 - "A Bill to amend and reenact section five, article twenty-nine, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to compensation paid to members of the education and state employee grievance board"; to the Committee on Government Organization then Finance.
     By Delegates Beane, Kuhn, Ennis, Martin and Walters:
     
H. B. 2707 - "A Bill to amend and reenact section three-v, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to county commission authority to restrict building in designated flood-plain or mudslide areas"; to the Committee on Government Organization.
     By Delegate Browning:
     
H. B. 2708 - "A Bill to amend article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections five-f and forty-six-n, all relating to permitting persons with certain physical disabilities to use a crossbow during archery season or other seasons designated by the director of natural resources"; to the Committee on Agriculture and Natural Resources then the Judiciary.
     By Delegate Faircloth:
     
H. B. 2709 - "A Bill to amend and reenact section five, article three, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting certain post-secondary religious institutions from obtaining a certificate of approval to operate"; to the Committee on Education then Finance.
By Delegates Overington, Schadler, Calvert, Webb, Faircloth, Wakim and Blair:

     
H. B. 2710 - "A Bill to repeal section two, article eleven, chapter sixty-one, and section fifteen, article three, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section two, article two, chapter sixty-one of said code; to further amend said article by adding thereto seven new sections, designated sections two-a, two-b, two-c, two-d, two-e, two-f and two-g; and to amend article seven, chapter sixty-two of said code by adding thereto four new sections, designated sections four, five, six and six-a, all relating to death penalty for first degree murder; procedures, standards and findings applicable to imposition thereof in certain instances including aggravating and mitigating circumstances; sentencing; providing for automatic review of the death penalty by the supreme court of appeals; providing for forensic deoxyribonucleic acid ('DNA') testing of biological material in death penalty cases; providing for execution of the death sentence by lethal injection; providing for delivery of sentence of death to officer retaining custody of person so sentenced; providing for transmission of indictment, order of conviction, sentence and judgment entered thereon to the warden of the state correctional facility; transfer of person sentenced to death to the state correctional facility; execution; providing presence of certain persons be requested for the execution; providing for certification that sentence of death has been executed; and providing for disposition of the body"; to the Committee on the Judiciary then Finance.
By Delegates Perry, Shaver, Beach, Morgan, Howard and Sobonya:

     
H. B. 2711 - "A Bill to amend and reenact section thirteen-a, article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to employment of members of the teachers defined benefit retirement system by institutions of higher education following the retirement of the member"; to the Committee on Pensions and Retirement then Finance.
     By Delegates H. White, Hrutkay and R. M. Thompson:
     
H. B. 2712 - "A Bill to repeal section three-c, article sixteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section three-a of said article; and to amend and reenact section twenty-four, article twenty-five-a of said chapter, all relating to the inclusion of mental health parity applicability to non-employer groups; and to the applicability of mental health parity to health maintenance organizations"; to the Committee on Banking and Insurance then Finance.
     By Delegates H. White, Hrutkay and R. M. Thompson:
     
H. B. 2713 - "A Bill to amend and reenact sections three-a and twenty-four, article twenty- five-a, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to conditions precedent to issuance or maintenance of a certificate of authority by a health maintenance organization; and designating the secretary of state as attorney-in-fact for service of all legal process upon a non-domestic health maintenance organization"; to the Committee on Banking and Insurance then Government Organization.
     By Delegates H. White, Hrutkay and R. M. Thompson:
     
H. B. 2714 - "A Bill to amend and reenact section eight-c, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the donation of fire fighting and fire rescue equipment and insurance policies dealing with immunity coverage provisions"; to the Committee on Banking and Insurance then the Judiciary.
     By Delegates H. White, Hrutkay and R. M. Thompson:
     
H. B. 2715 - "A Bill to amend and reenact article twelve-c, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to non-admitted insurers and the regulation of surplus lines insurance; defining terms for implementation of the NAIC non-admitted insurers model act; establishing consistency among states; providing specific provisions from the model; liberalizing reciprocity for licensing nonresident surplus lines licensees; providing grounds upon which the commission may deny a non-admitted insurer access to the state; providing for the regulation of surplus lines; enforcement; violations; penalties; service of process; and eliminating certain conflicting excess line related provisions"; to the Committee on Banking and Insurance then Finance.
By Delegates Williams, Shaver, Perry, Beach, Evans, Carmichael and Canterbury:

     
H. B. 2716 - "A Bill to amend article fifteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a, relating to restricting sewage sludge from being disposed of or dumped within 1000 feet of any occupied dwelling and requiring the director to modify any existing rules applicable to this restriction"; to the Committee on the Judiciary.
By Delegates Williams, Stemple, Shaver, Michael, Mezzatesta, Cann and Anderson:

     
H. B. 2717 - "A Bill to repeal section four, article three, chapter twenty-two-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section two of said article; and to amend chapter twenty-two-c of said code by adding thereto a new article, designated article thirteen, all relating to the transfer of water quality standard rule-making authority from the environmental quality board to the water quality board"; to the Committee on Government Organization then the Judiciary.
     By Mr. Speaker, Mr. Kiss:
     
H. B. 2718 - "A Bill to amend and reenact section four, article two, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section seven, article nine, chapter six of said code, all relating to requiring audits of state and local governmental entities to identify property in flood hazard zones and to confirm sufficiency of flood insurance to avoid reduction in disaster relief from federal agencies in the event of flood damage"; to the Committee on Government Organization.
     By Mr. Speaker, Mr. Kiss:
     
H. B. 2719 - "A Bill to amend and reenact section twelve, article five, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections three and four, article fifteen of said chapter, all relating to work which may be performed by prisoners; and providing that prisoner labor may be used to maintain private and not- for-profit cemeteries"; to the Committee on the Judiciary.
     By Mr. Speaker, Mr. Kiss:
     
H. B. 2720 - "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 veterans' organizations, exempt from income taxation by virtue of Internal Revenue Code 501(c)(19), from the provisions of the consumer sales and service tax"; to the Committee on Veterans Affairs and Homeland Security then Finance.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2721 - "A Bill to amend article five, chapter seventeen-c 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 serious traffic offenses; and providing an alternative to imprisonment for persons convicted of driving under the influence"; to the Committee on the Judiciary.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2722 - "A Bill to amend article one, chapter thirty-six 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 estates and property; creation of estates; easements; providing that where an easement has been created for ingress and egress and no metes or bounds are specified in the creation of the easement, the easement shall be interpreted to be of sufficient magnitude so as to permit the passage of emergency vehicles"; to the Committee on the Judiciary.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2723 - "A Bill to amend article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-six-t, relating to providing a supplement to certain disability annuitants receiving retirement benefits under the teachers defined benefit retirement system"; to the Committee on Pensions and Retirement then Finance.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2724 - "A Bill to amend and reenact section five, article fourteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting propane gas used by any church, religious sect, society or denomination as consumption use from the excise tax on gasoline or special fuel"; to the Committee on Finance.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2725 - "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 public employees retirement system; and preventing reduction of disability pensions at age sixty-five"; to the Committee on Pensions and Retirement then Finance.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2726 - "A Bill to amend and reenact section one, article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to mandating the board of barbers and cosmetologists to establish a curriculum for a shampoo assistant"; to the Committee on Government Organization.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2727 - "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 propane gas to churches, religious sects, society's or denominations from the consumer sales tax"; to the Committee on Finance.
     By Delegates Beane and Azinger:
     
H. B. 2728 - "A Bill to amend and reenact section fourteen, article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing a person to erect, construct, repair or alter their residential property without a contractor's license or having a contractor perform the work"; to the Committee on Political Subdivisions then the Judiciary.
     By Delegates Beane, Kuhn, Varner, Border and Leggett:
     
H. B. 2729 - "A Bill to amend and reenact section eleven, article one, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to compensation paid to members of professional licensing boards; and clarifying that members may be compensated only for days on which they attend official meetings and not for travel days"; to the Committee on Government Organization.
By Delegates Brown, Hrutkay, Poling, Martin, Yeager, Foster and Staton:

     
H. B. 2730 - "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 sixteen-e, all relating to requiring health insurance plans to cover the cost of contraceptives for its covered people"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Caputo, Coleman, Mahan, Manuel, Webster, Faircloth and Schadler:

    H. B. 2731 - "A Bill to amend and reenact section nine, article twenty-three, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing dedication of a portion of pari-mutuel proceeds be utilized to fund employee retirement plans at certain racing facilities"; to the Committee on Pensions and Retirement then the Judiciary.
     By Delegate Carmichael:
     
H. B. 2732 - "A Bill to amend article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixty-four, relating to providing a single resident license for all hunting, fishing and trapping; and providing that one percent of the general revenue fund each fiscal year is dedicated for use by the division of natural resources"; to the Committee on Agriculture and Natural Resources then Finance.
     By Delegates Craig, Morgan, Campbell, Amores and Stalnaker:
     H. B. 2733 - "A Bill to amend and reenact section two-a, article nine, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal investigation and special audits divisions of state tax division; and increasing amount of unencumbered funds in special revenue account for those divisions that is not transferred to general fund at end of fiscal year"; to the Committee on Finance.
     By Delegates Doyle, Manuel and Tabb:
     
H. B. 2734 - "A Bill to amend article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eighty-six, relating to authorizing certain municipalities to impose impact fees upon the construction of new development projects to offset the cost of expanding or extending certain public services within the municipalities"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Doyle, Manuel, Tabb, Trump, Faircloth, Blair and Duke:

     
H. B. 2735 - "A Bill to amend article five, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding a new section thereto, designated section six; and to amend article four, chapter eighteen-a by adding two new sections thereto, designated sections five-e and eight-j, all relating to providing an augmentation to any salary increase for any public employee, teacher or school service personnel"; to the Committee on Pensions and Retirement then Finance.
     By Delegate Ennis:
     
H. B. 2736 - "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 ten-e, relating to school personnel; and authorizing unlimited transfer of accumulated sick leave between certain spouses"; to the Committee on Education then Finance.
     By Delegate Ennis (By Request):
     
H. B. 2737 - "A Bill to amend article seven-b, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven-b, relating to allowing members that participate in the teachers' defined contribution retirement system to borrow only against the total amount that the member has contributed into his or her retirement account"; to the Committee on Pensions and Retirement then Finance.
     By Delegate Evans:
     
H. B. 2738 - "A Bill to amend and reenact section twenty-two, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to retirement annuity of public employees and retirants; and increasing the multiplier for members with thirty or more years of service who retire during the month of July, two thousand three"; to the Committee on Pensions and Retirement then Finance.
     By Delegates Evans and Canterbury:
     
H. B. 2739 - "A Bill to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a, relating to actions for injuries; and abridging the rights of some unlicensed motor vehicle operators to recover for injuries and damages sustained in motor vehicle accidents"; to the Committee on the Judiciary.
     By Delegate Fleischauer:
     
H. B. 2740 - "A Bill to amend and reenact section thirteen, article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing municipalities to adopt building code ordinances which impose a higher standard than the state building code"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Fleischauer, Amores, Armstead, Craig, Smirl, Spencer and R. Thompson:

    H. B. 2741 - "A Bill to amend chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-f, relating to the establishment of the citizen review panel to review the procedures of child protective services; providing for the composition and duties of membership; providing for confidentiality requirements; providing for expense reimbursement; providing for civil penalties; and providing for immunity from liability"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Amores, Armstead, Craig, Smirl, Spencer and R. Thompson:

     H. B. 2742 - "A Bill to amend and reenact sections one, three, four, five, six, seven, eight, nine, eleven and thirteen, article eighteen, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto three new sections, designated sections four-a, seven-a and fourteen, all relating to the licensing of private investigators and security guards, the registration of private investigative and security guard employees, prohibited acts, penalties for late registration, and fees and charges for services of the secretary of state."; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Beach, Morgan, Craig, Doyle, Houston and Manuel:

     
H. B. 2743 - "A Bill to amend and reenact section five, article nine, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing the twenty-year service cap for state employees"; to the Committee on Education then Finance.
By Delegates Kuhn, Caputo, Long, Fragale, Stalnaker and R. Thompson:

    H. B. 2744 - "A Bill to amend and reenact section three, article three-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to eliminating the exemption of government employees performing electrical work on governmental property from the electrician's licensing provisions of the code"; to the Committee on Government Organization.
     By Delegates Manuel, Doyle, Tabb and Fragale:
     
H. B. 2745 - "A Bill to amend and reenact sections thirteen and thirteen-a, article five, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to ballot instructions for county board of education candidates"; to the Committee on the Judiciary.
     By Delegate Mezzatesta:
     
H. B. 2746 - "A Bill to amend and reenact section fourteen, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public employees retirement system; allowing service credit for certain prior employment with an emergency medical services funded by the department of health; providing that the employer shall pay the employer's contribution and the employee shall pay his or her contribution; providing that the employee shall pay interest; setting forth maximum amount of service credit which may be obtained; and setting forth time limits"; to the Committee on Pensions and Retirement then Finance.
By Delegates Overington, Canterbury, Sobonya, Louisos, Fragale, Armstead and Sumner:

     
H. B. 2747 - "A Bill to amend and reenact section nine, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to required courses of school instruction generally; requiring the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights before high school graduation; and requiring study of the historical, political and social environments at the time these documents were generated; prohibiting study of social problems, economics, foreign affairs, the United Nations, world government, socialism or communism until basic courses in American state and local geography and history are completed"; to the Committee on Education then the Judiciary.
     By Delegates Perdue and Hatfield:
     H. B. 2748 - "A Bill to amend and re-enact article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section ten, relating to prohibiting the distribution or sale of tobacco products to persons under the age of eighteen years through mail, telephone, facsimile transmission or the Internet; defining terms; regulating the delivery of private purchase and delivery of tobacco products; establishing requirements for verifying the age of tobacco product purchases; and providing for civil and criminal penalties"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegates Staton and Amores:
     H. B. 2749 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-three, relating to amending the West Virginia Board of Physical Therapist rule relating to English proficiency requirements for licensing individuals outside the United States";
to the Committee on the Judiciary.
     On motions for leave, bills were introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that they each do pass), which were read by their title, as follows:
     By Delegates Beane, Kuhn, Hatfield, Perdue, Spencer, Iaquinta and Leggett:
          
H. B. 2750 - "A Bill to amend and reenact article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen-a, relating to continuation of
the office of health facility licensure and certification,"
     By Delegates Beane, Kuhn, Butcher, Manuel, Leggett, Frich and Schoen:
     
H. B. 2751 - "A Bill to amend and reenact section one-a, article two, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the department of health and human resources,"
     And,
     By Delegates Beane, Kuhn, Ennis, Hatfield, Martin, Yeager and Leggett:
     
H. B. 2752 - "A Bill to amend and reenact section fifteen, article five-p, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the bureau of senior services."
     Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2750, H. B. 2751 and H. B. 2752) will be placed on the Consent Calendar.
Consent Calendar

Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     H. B. 2554, Continuing the marketing and development division of the department of agriculture,
     H. B. 2555, Continuing the West Virginia's membership in the southern regional education compact,
     And,
     H. B. 2670, Continuing the office of judges until July 1, 2009.
House Calendar

Second Reading

     
Com. Sub. for H. B. 2203, Relating generally to the requirement of wearing seat belts in automobiles; on second reading, coming up in regular order, was read a second time.
     At the request of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2203) was advanced to third reading and the ruling was suspended to permit amendment thereof on third reading.
     At 11:48 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Wednesday, January 29, 2003.