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Thursday, January 30, 2003


     The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Wednesday, January 29, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Ennis, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
     Your Committee on Veterans Affairs and Homeland Security has had under consideration:
     H. B. 2677, Requiring the PSC to regulate transactions between cemeteries and veterans or their survivors,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2677) was referred to the Committee on the Judiciary.
     Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 2194, Reimbursement to police agencies for training and certification costs,
     And,
     H. B. 2459, Adding a county fire chief's designee to those eligible to serve on the enforcement created by the county commission,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2194 and H. B. 2459) were each referred to the Committee on the Judiciary.
     Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 2501, Allowing spouses of newly elected county commissioners with tenure with a county agency to retain their job,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2501) was referred to the Committee on the Judiciary.
     Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 2631, Insurance commissioner, unfair trade practices,
     H. B. 2632, Insurance commissioner, examiners' compensation, qualifications and classifications,
     H. B. 2634, Insurance commissioner, aids regulations,
     H. B. 2635, Insurance commissioner, group accident and sickness insurance minimum policy coverage standards,
     H. B. 2636, Insurance commissioner, continuing education for individual insurance producers,
     H. B. 2637, Insurance commissioner, credit personal property insurance,
     H. B. 2638, Insurance commissioner, standards for safeguarding consumer information,
     And,
     H. B. 2639, Insurance commissioner, standard motor vehicle policy provisions,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2631, H. B. 2632, H. B. 2634, H. B. 2635, H. B. 2636, H. B. 2637, H. B. 2638 and H. B. 2639) were each referred to the Committee on the Judiciary.
     Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 2630, Insurance commissioner, licensing and conduct of agents, agencies and solicitors,
     And,
     H. B. 2633, Insurance commissioner, excess line brokers,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2630 and H. B. 2633) were each referred to the Committee on the Judiciary.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 2072, Requiring cigarettes and tobacco products be placed behind a counter or other site where access is restricted,
     And,
     H. B. 2748, Preventing mail order or internet sales of tobacco products to persons under eighteen years of age,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2072 and H. B. 2748) were each referred to the Committee on the Judiciary.
     Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
     H. B. 2643, Labor, regulation of trade weights and measures,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2643) was referred to the Committee on the Judiciary.
     Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
     H. B. 2642, Labor, Elevator Safety Act,      
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2642) was referred to the Committee on the Judiciary.
     Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
     Your Committee on Agriculture and Natural Resources has had under consideration:
     H. B. 2694, Protecting the beekeeping industry,
     And reports back a committee substitute therefore, by unanimous consent of the Committee, with a new title, as follows:
     Com. Sub. for H. B. 2694 - "A Bill to repeal sections eight and ten, article thirteen, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one, two, three, four, five, six, seven and eleven of said article, all relating to regulation of bees; removing pesticide poisoning and certain violations; adding, deleting and amending definitions; authorizing commissioner of agriculture to seize infected bees and bee equipment; establishing expiration date for certificates of registration; strengthening commissioner's inspection and quarantine powers; clarifying manner of dealing with abandoned apiaries and interstate movement of bees; making technical corrections and modifying penalties,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
     In the absence of objection, reference of the bill (H. B. 2694) to the Committee on the Judiciary was abrogated.
     Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2694) 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. 39 - "A Bill to amend and reenact section twenty-seven, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the criminal offense for a false fire alarm to a felony when it is done with intent to cause injury to persons or property to divert attention from another offense"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
     Com. Sub. for S. B. 109 - "A Bill to amend article nine, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six hundred five, relating to notification to a third party of the entry of an order which impacts a child's care and education"; 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. 120 - "A Bill to amend and reenact section two, article one-a, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing appointment qualification rank for adjutant general from major general to lieutenant general"; which was referred to the Committee on Veterans Affairs and Homeland Security 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. 205 - "A Bill to amend and reenact section twelve, article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section nineteen, article eight, chapter sixty-one of said code, all relating to modifying the criminal intent requirement for animal cruelty crimes; increasing the fine applicable to convicted persons; eliminating the civil recovery limitation of the assessed value of a dog; creating a felony offense for intentionally torturing or maliciously killing animals; and mandating that persons convicted of animal cruelty be prohibited from possessing, owning or residing with animals for varying periods depending on whether the person is convicted of a misdemeanor or felony"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 7 - "Requesting the Division of Highways name the bridge on Route 80 at Verner, Mingo County, the 'William Chapman Browning Bridge'."
     Whereas, In the early 1860s, William Chapman Browning was one of the first settlers of Verner; and
     Whereas, William Chapman Browning was a 2nd lieutenant during the Civil War; and
     Whereas, William Chapman Browning owned a saw mill and a trading post in Verner. He also operated a ferrying business across the Guyandotte River; and
     Whereas, William Chapman Browning lived a long and productive life until his death in 1895; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the bridge on Route 80 at Verner, Mingo County, the "William Chapman Browning Bridge"; and, be it
     Further Resolved, That the Division of Highways provide and erect a sign at either end of the bridge displaying the name "William Chapman Browning Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 11 - "Requesting the Division of Highways name the new bridge on Route 5 near Elizabeth, Wirt County, the 'World War II Veterans Memorial Bridge'."
     Whereas, Per capita, more of West Virginia's sons and daughters have served in the military than any other state in the nation; and
     Whereas, Recognition of those who served and paid the ultimate price for freedom during World War II serves as a reminder to future generations of the strength of our nation in times of war; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the bridge on Route 5 near Elizabeth, Wirt County, the "World War II Veterans Memorial Bridge" as a lasting tribute to those who served our nation with pride and distinction during World War II; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "World War II Veterans Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 14 - "Requesting the Division of Highways authorize the Little Kanawha River Parkway Commission to place a sign at the intersection of I-79 and Exit 79 at Burnsville designating that portion of Route 5 as the future Little Kanawha River Parkway."
     Whereas, When completed, the Little Kanawha River Parkway will serve portions of Braxton, Calhoun, Gilmer, Wirt and Wood counties; and
     Whereas, The Little Kanawha River Parkway Commission has produced a sign, using its own funds, which reads: "You are entering the future LITTLE KANAWHA RIVER PARKWAY"; and
     Whereas, To place the sign at any location other than at the intersection of I-79 and Exit 79 at Burnsville would defeat the purpose of the sign with its present wording; and
     Whereas, Since 1997, the Little Kanawha River Parkway Commission has been pursuing its efforts to construct and designate this parkway; and
     Whereas, Placement of this sign would serve as a tribute to the hard work and efforts already expended by this group; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to authorize the Little Kanawha River Parkway Commission to place a sign at the intersection of I-79 and Exit 79 at Burnsville designating that portion of Route 5 as the future Little Kanawha River Parkway; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of Transportation and the Little Kanawha River Parkway Commission.
Resolutions Introduced

     Delegates Swartzmiller, Boggs, Stemple and Kominar offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 17 - "Requesting the Joint Committee on Government and Finance to conduct an interim study of the need for individual counties and municipalities to place firefighting and emergency services on levy election ballots."
     Whereas, The population of various counties and municipalities in West Virginia has shifted resulting in many residents moving out-of-state or to different communities within the State; and
     Whereas, The firefighting and emergency service of many counties and municipalities within the State of West Virginia may need to be upgraded to keep up with the growing demands of the future; and
     Whereas, The power of local governing bodies of individual counties and municipalities to levy, tax and appropriate the proceeds will allow the counties and municipalities of West Virginia to have the financial ability and the means to address their specific firefighting and emergency services needs; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby directed to make a study on the need for individual counties and municipalities to have the power to place levy elections for firefighting and emergency services on the ballot; 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.
     Delegates Trump and Mezzatesta offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 18 - "Requesting the Commissioner of the Division of Highways to name the newly constructed bridge on Winchester Street which crosses the CSX Railroad in Paw Paw, Morgan County, the 'PFC Ray W. Stotler Memorial Bridge'."
     Whereas, Ray W. Stotler was born on October 7, 1947, in Berkeley Springs, Morgan County, West Virginia, to Mr. and Mrs. Stanley Stotler of Paw Paw, Morgan County, West Virginia; and
     Whereas, Ray W. Stotler was a Private First Class in the United States Army assigned to Company C, Second Battalion, Fifth Regiment, of the First Cavalry Division; and
     Whereas, PFC Ray W. Stotler commenced his tour of duty in Vietnam on May 1, 1967; and
     Whereas, PFC Ray W. Stotler died on August 2, 1967, in Vietnam as a result of a gunshot wound received in hostile ground action; and
     Whereas, It should not go unnoticed that this young man paid the ultimate price in service of his country; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the West Virginia Division of Highways to name the newly constructed bridge on Winchester Street which crosses the CSX Railroad in Paw Paw, Morgan County, the "PFC Ray W. Stotler Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge the "PFC Ray W. Stotler Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the members of PFC Ray W. Stotler's family, and the Harley Bohrer Post No. 128 of the American Legion.
     Delegates Trump and Mezzatesta offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 19 - "Requesting the Commissioner of the Division of Highways to name the newly constructed bridge on Route 9 which crosses the CSX Railroad in Paw Paw, Morgan County, West Virginia, 'The American Legion Bridge' in honor of those men and women who honorably served their country in the United States Armed Forces."
     Whereas, The American Legion was chartered by the United States Congress on September 16, 1919, as a patriotic, mutual-help, war-time veterans organization; and
     Whereas, Membership eligibility in the American Legion is based on honorable federal active duty service with the United States Armed Forces; and
     Whereas, The American Legion is an organization of nearly three million war veterans - men and women - in nearly fifteen thousand American Legion Posts worldwide who have dedicated themselves to the service of community, state, and nation; and
     Whereas, The American Legion's dedication and service to community, state, and nation should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the West Virginia Division of Highways to name the newly constructed bridge on Route 9 which crosses the CSX Railroad in Paw Paw, Morgan County, West Virginia, "The American Legion Bridge"; and, be it
     Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as "The American Legion Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the Harley Bohrer Post No. 128 of the American Legion.
     On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
     By Delegate Carmichael:
     H. J. R. 11 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section fifty-seven, relating to dedicating an appropriation of one percent of general revenue to the division of natural resources to be used to fund activities intended to promote and preserve the State's wildlife resources and to fund law-enforcement activities involving the division of natural resources; 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.
     Delegates Overington, Carmichael, Trump, Webb, Armstead, Caruth, Hall, Calvert, Ellem, Howard, Canterbury, Sumner, Blair, Sobonya, Frich, Romine, Wakim and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 12 - "Amending the rules of the House of Delegates, relating to compelling a standing committee to take up and report out a bill."
     Resolved by the House of Delegates:
     That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:
Compelling Action on a Bill
     82a. Upon delivery to a standing committee of a petition signed by ten delegates which requests immediate action on a bill then before the committee, that committee and any standing committee to which the bill may be referred to as a second or subsequent reference shall within a total of no more than five legislative days after the date of the petition take up the bill and report it out with: (1) No recommendation; (2) a recommendation that it do pass; or (3) a recommendation that it do not pass. No delegate shall have standing to sign more than one compelling action petition during each year. Within five calendar days after a bill is reported out of last referred standing committee under the provisions of this rule, the committee on rules shall place the bill on the regular house calendar if the special house calendar is not in effect and on the special calendar if it is in effect for consideration by the house on the next legislative day. For the purpose of this rule, a legislative day is a day in which the House of Delegates is in session.
     Delegates Hatfield, Brown, Perdue, Mahan, Amores, Michael and Trump offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 13 - "Recognizing the many contributions of the March of Dimes Birth Defects Foundation to the State of West Virginia and its campaign to reduce premature births with the expansion of the West Virginia Birth Defects Surveillance System."
     Whereas, The March of Dimes is a national voluntary health agency founded in 1938, whose mission is to improve the health of babies by preventing both birth defects and infant mortality and funds programs of research, community services, education and advocacy to save babies. Because premature birth is the leading cause of neonatal death, the March of Dimes is investing $75,000,000.00 to launch a five-year campaign to develop a coordinated national response to the serious and wide spread problems of babies born prematurely. In addition to mortality, preterm birth is a major determinant of illness and disability among infants including development delays, chronic respiratory problems and vision and hearing impairments; and
     Whereas, According to the March of Dimes, the West Virginia preterm birth rates increased by 28% in the last decade between 1990 and 2000, and the rates of low birth weight births have also steadily increased statewide from 6.8% in 1991 to 8.4% in 2000. Nearly one half of the causes of preterm births are known and over three-fourths of the causes of birth defects are not known; nationally, the March of Dimes and its allied partners are hoping to reduce preterm births by at least 15% and hoping to reduce the number of children born with birth defects through researching causes and prevention tools as well as eliminating barriers to adequate prenatal health care coverage; and
     Whereas, Surveillance is needed to monitor infant health and the incidence of birth defects and to identify communities and populations especially at risk. State based birth defects surveillance systems help health officials assess needs, deliver services and assess the progress of prevention programs; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby recognizes the many contributions of the March of Dimes Birth Defects Foundation to the State of West Virginia and commends the March of Dimes Prematurity Campaign to reduce the number of premature births and supports the implementation of the expansion of the West Virginia birth Defects Surveillance System; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the appropriate representatives of the West Virginia State Chapter of the March of Dimes Birth Defects Foundation.
Petitions

     Delegates Frich, Beach, Houston and Fleischauer presented a resolution, adopted by the Monongalia Health System and 1,400 of its members, in support of reducing youth and teen smoking; which was referred to the Committee on Health and Human Resources.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
     By Delegates Amores, Morgan, Crosier and Stemple:
     H. B. 2780 - "A Bill to amend article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-five, relating to requiring the polygraph examinations of sex offender probationers and parolees"; to the Committee on the Judiciary.
     By Delegates Armstead, Hrutkay, Pino, Stemple and Overington:
     H. B. 2781 - "A Bill to amend article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended by adding thereto a new section, designated section fifty-one, relating to the transfer, retirement or disposal of state police canines"; to the Committee on the Judiciary.
By Delegates Beane, Kuhn, Butcher, Long, Martin, Azinger and Border:

     H. B. 2782 - "A Bill to amend article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-b, relating to the lottery; providing for an instant scratch-off lottery ticket game to benefit firefighters; creating a special fund within the state treasury for the firefighter lottery ticket proceeds; appropriating the firefighter lottery ticket proceeds to specific purposes; requiring the lottery commission to change the design of the ticket on a regular basis; and requiring the state fire commission to annually report to the joint committee on government and finance"; to the Committee on Government Organization then Finance.
     By Delegates Caputo and Manchin (By Request):
     H. B. 2783 - "A Bill to amend and reenact section three, article twelve, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing an increase in the business registration tax to be between thirty dollars and fifty dollars"; to the Committee on Finance.
By Delegates Caputo, Doyle, Frederick, Yeager, Leggett and Overington:

     H. B. 2784 - "A Bill to amend and reenact sections three hundred ten, eight hundred two and nine hundred three, article twenty-seven, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto a new article, designated article twenty-eight, all relating to the enforcement of domestic violence protective orders generally"; to the Committee on the Judiciary.
     By Delegates Craig, Morgan, Campbell, Beach and Stalnaker:
     H. B. 2785 - "A Bill to amend and reenact section six, article twenty-four, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to corporation net income tax adjustments in determining West Virginia taxable income; and clarifying that decreasing adjustment due to the federal elimination of the reserve method for computation of bad debt deduction applies only to large banks"; to the Committee on Banking and Insurance then Finance.
By Delegates Craig, Morgan, Campbell, Amores, Beach and Stalnaker:

     H. B. 2786 - "A Bill to amend and reenact section twenty-one, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to creation and operation of a special revenue fund in the state treasury; funding for administration of homestead personal income tax credit set forth in West Virginia personal income tax act and for general tax administration; specifying creation of homestead tax credit administration fund; specifying that fund shall be a revolving fund and any appropriations made to fund shall not be deemed to expire at end of any fiscal year; specifying that seventy five thousand dollars shall be transferred annually in equal quarterly installments from state lottery fund to homestead tax credit administration fund; and authorizing the tax commissioner to use moneys deposited in homestead tax credit administration fund to pay salaries and administrative costs to administer tax credit and for general tax administration"; to the Committee on Finance.
     By Delegate Doyle:
     H. B. 2787 - "A Bill to amend and reenact section two-a, article three, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to restricting the official designated to supervise absentee voting to conducting absentee voting one day per location; allowing volunteer poll workers that satisfy all other requirements to conduct absentee voting; and restricting a candidate from visiting a school where absentee voting is being held for thirty days prior to the absentee voting taking place"; to the Committee on the Judiciary.
By Delegates Fleischauer, Staton, Webster, Hrutkay, Fragale, Amores and Palumbo:

     H. B. 2788 - "A Bill to amend and reenact sections seven and twenty-one, article five, chapter forty-nine 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 sixteen-b; to amend and reenact section three, article five-d of said chapter; to further amend said article by adding thereto a new section, designated section three-a; and to amend and reenact sections twenty-nine and thirty, article seven of said chapter, all relating to child welfare and juvenile justice; requiring notice of certain proceedings to the department of health and human resources and the division of juvenile services; providing for greater involvement of multi-disciplinary teams; providing that quarterly judicial reviews be continued while child remains in custody; providing for when offenses are committed while in custody; providing for recommended court orders; requiring that recommended service plans be considered; requiring written findings when order deviates from treatment team's recommended plan; affording notice and opportunity to object; requiring the supreme court of appeals to develop uniform court orders in consultation with the department of health and human resources and the division of juvenile services; and providing that foster care services do not constitute a behavioral health care facility or behavioral health care service"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Staton, Webster, Hrutkay, Fragale, Amores and Palumbo:

     H. B. 2789 - "A Bill to amend and reenact sections seven and twenty-one, article five, chapter forty-nine 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 sixteen-b; to amend and reenact section three, article five-d of said chapter; to further amend said article by adding thereto a new section, designated section three-a; and to amend and reenact sections twenty-nine and thirty, article seven of said chapter, all relating to child welfare and juvenile justice; requiring notice of certain proceedings to the department of health and human resources and the division of juvenile services; providing for greater involvement of multi-disciplinary teams; providing that quarterly judicial reviews be continued while child remains in custody; providing for when offenses are committed while in custody; providing for recommended court orders; requiring that recommended service plans be considered; requiring written findings when order deviates from treatment team's recommended plan; affording notice and opportunity to object; requiring the supreme court of appeals to develop uniform court orders in consultation with the department of health and human resources and the division of juvenile services; and providing that foster care services do not constitute a behavioral health care facility or behavioral health care service"; to the Committee on the Judiciary then Finance.
     By Delegates Manuel, Warner, Pino and Renner:
     H. B. 2790 - "A Bill to amend article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-b, relating to juveniles; and providing that certain juveniles not be returned to the custody of the division of juvenile services"; to the Committee on the Judiciary then Finance.
     By Delegates Michael, Warner, Proudfoot and Renner:
     H. B. 2791 - "A Bill to amend and reenact section two, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article sixteen, chapter seventeen-c, all relating to exceptions to motor vehicle registration; allowing certain exempted Class A farm use vehicles with valid inspection stickers to use the highways between sunset and sunrise for distances of twenty-five miles or less; and providing for the inspection of the unlicensed class A farm use motor vehicles"; to the Committee on Roads and Transportation then Finance.
     By Delegates Schadler, Webster, Ellem and Trump:
     H. B. 2792 - "A Bill to amend and reenact section twenty-three, article three, chapter eleven- a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the title examination costs charged by the clerk of the county commission from two hundred dollars to four hundred dollars to redeem real estate"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Sobonya, Canterbury, Beach, Faircloth, Craig, Smirl and Renner:

  H. B. 2793 - "A Bill to amend and reenact section seven, article forty, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West Virginia real estate commission and limiting certain reciprocity provisions"; to the Committee on Government Organization.
     By Delegates Stalnaker, Morgan, Stemple and Shelton:
     H. B. 2794 - "A Bill to amend and reenact section thirty-nine-e, article three, chapter sixty- one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to worthless checks; and increasing the allowable service charge for a dishonored check"; to the Committee on the Judiciary.
     By Delegates Swartzmiller, Stemple, Varner and Kominar:
     H. B. 2795 - "A Bill to amend and reenact section fourteen, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing process servers under the authority of a county sheriff to carry a firearm provided they have firearm training approved by the sheriff"; to the Committee on Political Subdivisions then the Judiciary.
     By Delegates Swartzmiller, Stemple and Kominar:
     H. B. 2796 - "A Bill to amend article three, 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 eleven-a relating to creating the crime of possession of burglarious tools; providing a criminal penalty; and, defining the term 'burglarious tools, implements or devices'"; to the Committee on the Judiciary.
     By Delegates Warner and Butcher:
     H. B. 2797 - "A Bill to amend and reenact section eighteen-a, article six, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section eight, article one-d, chapter seventeen-b of said code, all relating to advisory boards to the commissioner of motor vehicles; authorizing the division of motor vehicles to reimburse members of the motor vehicle dealer advisory board and members of the motorcycle safety awareness board for travel and other reasonable and necessary expenses"; to the Committee on Government Organization then Finance.
     By Delegates Warner and Renner:
     H. B. 2798 - "A Bill to repeal section one, article three-a, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections two and three of said article, all relating to disclosure of modification to motor vehicles not manufactured according to federal safety and emission standards; requiring certain proof that the motor vehicles complies with federal safety and emission standards before being titled; and eliminating the authority of the commissioner to issue temporary titles"; to the Committee on the Judiciary then Finance.
     By Delegates Amores, Faircloth, DeLong, Pino, Smirl, Stemple and Webster
     H. B. 2799 - "A Bill to amend article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended by adding thereto a new section, designated section fifty-one, relating to the West Virginia state police and the re-employment of recently retired troopers"; to the Committee on the Judiciary then Finance.
     By Delegates Hrutkay, Amores, Pethtel, Pino, Stemple and Webb:
     H. B. 2800 - "A Bill to amend and reenact section seven, article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to compromise and settlement of claims for death by wrongful act; right of personal representative to settle wrongful death claims; filing of verified petition or motion giving notice of settlement; contents of petition or motion; service; resolution of agreed-upon distributions without hearing; approval of settlement and release of liability subject to judicial determination of appropriate distribution of settlement proceeds; hearing; distribution"; to the Committee on the Judiciary.
     By Delegates Hrutkay, Amores, Pethtel, Pino and Stemple:
     H. B. 2801 - "A Bill to amend and reenact sections three and five, article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the ethics commission to annually send copies of all advisory opinions to the offices of the Clerk of the West Virginia Senate, the Clerk of the West Virginia House of Delegates and the West Virginia Supreme Court of Appeals Law Library; authorizing members of the legislature to solicit funds for regional or national legislative organization functions held in this state without violating the ethics act; providing prior approval by the joint committee on government and finance; defining legislative organization; placing limitations on solicitations; providing that only the governmental organization or a banking institution may receive donations; providing reporting requirements and publication of solicitation materials and information relating to funds received; prohibiting use of official letterhead; requiring disclaimer on all solicitation materials; and providing certain record keeping requirements and public availability thereof"; to the Committee on the Judiciary.
     By Delegates Staton, Palumbo, Hrutkay and R. Thompson:
     H. B. 2802 - "A Bill to amend article three, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine; and to amend article three, chapter thirty-six of said code, by adding thereto a new section, designated section five-a, all relating to the description of property required to create an easement or right-of-way by deed or other legal instrument; providing that a description of the easement be filed with the deed or other instrument executing the easement; excludes specified easements and right-of ways from this requirement; and exempts certain documents from survey and certification filing requirements"; to the Committee on the Judiciary.
     On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by it's title, as follows:
By Delegates Beane, Kuhn, Butcher, Spencer, Tucker, Yost and Leggett:

          H. B. 2803 - "A Bill to amend article twenty seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seventeen, relating to continuation of the board of barbers and cosmetologists."
     Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2803) 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:
     Com. Sub. for 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,
     H. B. 2750, Continuing the office of health facility licensure and certification,
     H. B. 2751, Continuing the department of health and human resources,
     And,
     H. B. 2752, Continuing the bureau for senior services.
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. 2301, Providing funding for necessary care of animals seized pursuant to allegations of neglect,
H. B. 2778, Continuing the West Virginia state police,

     And,
     H. B. 2779, Continuing the personal assistance services program.
House Calendar

Third Reading

     Com. Sub. for H. B. 2155, Providing a method for setting a cap on tuition and fees for higher education; 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. 26), and there were--yeas 76, nays 19, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Ashley, Blair, Brown, Caruth, Craig, Frederick, Frich, Hamilton, Houston, Howard, Leggett, Morgan, Overington, Perdue, Schoen, Smirl, Sobonya, Thompson, R. and Yeager.
     Absent And Not Voting: Campbell, Coleman, Leach, Webb and Yost.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2155) passed.
     Delegate Staton moved that the bill take effect July 1, 2003.
     On this question, the yeas and nays were taken (Roll No. 27), and there were--yeas 86, nays 9, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Craig, Frich, Howard, Overington, Schoen, Smirl, Sobonya, Thompson, R. and Yeager.
     Absent And Not Voting: Campbell, Coleman, Leach, Webb and Yost.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2155) takes effect July 1, 2003.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bill and request concurrence therein.
Second Reading

     H. B. 2693, Providing the ability to define and draw DNA samples from convicted felons for maintaining a DNA database; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absences

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

     Delegate Duke submitted the following written vote explanation on Com. Sub. for H. B. 2120, which passed the House of Delegates on January 17, 2003, as follows:
      Delegate Duke. Whilst Com. Sub. for H. B. 2120 began the process of bringing reform to the Workers' Compensation Fund, I do not feel that the bill in its present form went far enough to address other critical aspects needed to bring a long-term positive solution related to Workers' Compensation. My concerns are that Com. Sub for H. B. 2120 did not include provisions for: (1) reducing administrative costs of Workers' Compensation; (2) investigating and eliminating fraudulent claims; (3) rewriting of administrative and court guidelines (Judicial Reform) to de-liberalize current court procedures; (4) speeding up the process whereby claimants can have their cases heard; and (5) working to get Workers' Compensation claimants off the temporarily disabled list in a more timely manner. I also am concerned that actual premium cost data was not yet complete.
          Despite these misgivings, I, with reservations, voted for the Bill with the hope that the areas of concern will be satisfactorily addressed as this Bill makes its way through the legislative process.
     At 11:48 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Friday, January 31, 2003.