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Friday, January 31, 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 Thursday, January 30, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Varner, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were temporarily suspended to extend privileges of the floor to an invited guest for a presentation by the House.
Committee Reports

     Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 2529, Relating to the licensure and regulation of psychophysiological detection of deception examiners,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 2529) was referred to the Committee on Finance.
     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2477, Permitting residents of nursing homes and similar facilities to retain the homestead exemption and Class II property designation,
     And,
     H. B. 2799, Relating to the West Virginia state police and the re-employment of recently retired troopers,
     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 Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 2477 and H. B. 2799) were each referred to the Committee on Finance.
     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2704, Relating to the supervision and return of juvenile offenders, runaways and other juveniles,
     And reports back a committee substitute therefore, by unanimous vote of the Committee, with the same title, as follows:
     Com. Sub. for H. B. 2704 - "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 eight-a, relating to the supervision and return of juvenile offenders, juvenile runaways and other juveniles; and authorizing and directing the governor to execute a compact for the supervision and return of juvenile offenders, juvenile runaways and other juveniles,"
     And,
     H. B. 2781, Relating to the transfer, retirement or disposal of state police canines,
     And reports back a committee substitute therefore, by unanimous vote of the Committee, with the same title, as follows:
     Com. Sub. for 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,"
     With the recommendation that the committee substitutes each do pass.
     Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2704 and Com. Sub. for H. B. 2781) will be placed on the Consent Calendar.
Messages from the Executive

     Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Public Defender Services, in accordance with section twenty, article one, chapter five of the code; which was filed in the Clerk's Office.
Resolutions Introduced

     Delegates Louisos, Pino and Perry offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 20 - "Requesting the West Virginia Division of Highways to erect a road sign on State Route 61 out of Oak Hill near Beardsfork Hollow, Fayette County, West Virginia, honoring Walter 'Mike' South former President of the Black Lung Association."
     Whereas, Walter "Mike" South, L. U. 8843 member, passed away on July 19, 2001, at age 54 following a two decade battle with black lung disease; and
     Whereas, "Mike" South had served as president of the National Black Lung Association until a few years before his death, and was a leading advocate for coal miners who also suffered daily with this disease; he testified numerous times in this nation's capitol and was present at most rallies to support protecting and increasing state and federal black lung benefits; and
     Whereas, It has been said that the passion, dedication and social consciousness Walter "Mike" South brought to all coal miners throughout the black lung community will never be forgotten, and his spirit and dream for justice for all victims of black lung disease will never be forgotten, and will continue on in those lives whom he touched; and
     Whereas, It is only right and just to honor the efforts of
Walter "Mike" South for his dedication to the people of his home State, in general, and for his work in seeking equitable and fair treatment of all coal miners with black lung disease by dedicating and erecting a road sign on State Route 61 out of Oak Hill near Beardsfork Hollow, Fayette County, West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby expresses its profound sorrow and heart-felt sympathy upon the passing of Walter "Mike" South, and requests the West Virginia Division of Highways to dedicate and erect a road sign on State Route 61 out of Oak Hill near Beardsfork Hollow, Fayette County, West Virginia, honoring and recognizing Walter "Mike" South Black Lung Advocate and former president of the Black Lung Association; 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 surviving relatives of Walter "Mike" South.
     Delegates Smirl, Howard, Sobonya, Perdue and R. Thompson offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 21 - "Naming the bridge that crosses from Cabell County to Wayne County over Four Pole Creek on Route 60 the 'Colonel Justice M. Chambers Memorial Bridge'."
     Whereas, Justice M. Chambers, a native of Huntington, West Virginia, where he attended Marshall College in the 1920s, served with uncommon distinction in the United States Marine Corpse from 1929 to 1946, being seriously wounded in combat on three separate occasions during World War II; and
     Whereas, Exhibiting conspicuous gallantry at the risk of his life, above and beyond the call of duty as Commanding Officer of the Third Assault Battalion Landing Team, Twenty-fifth Marines, Fourth Marine Division, Colonel Chambers, in February 1945, while seriously wounded, led an eight hour battle against fierce Japanese resistance at Iwo Jima after landing on the island in a furious barrage of enemy machine gun fire; and
     Whereas, As a direct result of Colonel Chambers forceful leadership, courage and fortitude in the face of staggering odds, wherein he inspired the men around him to uncommon acts of bravery as well, a vital foothold on the island was protected, thus leading to the success of subsequent operations of the Fifth Amphibious Corps on Iwo Jima; and
     Whereas, Colonel Chambers, in accordance with his heroic acts on the battlefield was awarded the Congressional Medal of Honor in 1946 by President Harry S. Truman; and
     Whereas, In total, Colonel Chambers, in addition to the Medal of Honor, received the silver star and Legion of Merit with Combat "V", Purple Heart with two gold stars, Presidential Unit Citation with three bronze stars, Marine Corps Reserve Medal with two stars, American Defense Service Medal with silver star (denoting five campaigns) and the World War II Victory Medal; and
     Whereas, Colonel Chambers, was appointed in 1962 by then President John F. Kennedy to the post of Deputy Director of the Office of Emergency Planning, where he served with distinction until his retirement therefrom; and
     Whereas, Colonel Chambers passed away on July 29, 1982, at the age of seventy-four; and
     Whereas, Colonel Chambers, a distinguished native son, has bequeathed a legacy to the citizens of this State embodying the finest traditions of United States Military and civilian service to this country; therefore, be it
     Resolved by the Legislature of West Virginia:
     That Colonel Justice M. Chambers is hereby honored by naming the bridge that crosses from Cabell County to Wayne County over Four Pole Creek on Route 60 the "Colonel Justice M. Chambers Memorial Bridge"; and, be it
     Further Resolved, That the Legislature hereby requests the West Virginia Division of Highways to name the bridge that crosses from Cabell County to Wayne County on Route 60 the "Colonel Justice M. Chambers Memorial Bridge" by placing signs at each end of the bridge bearing that inscription; 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 Headquarters of the United States Marine Corps in Washington, D.C., and to each of Colonel Chambers' two nephews, Benjamin and Carter Chambers.
     Delegates Manchin and Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 22 - "Requesting the Division of Highways to name I-64 from the Virginia State Line to the Kentucky State Line the 'Purple Heart Trail'."
     Whereas, West Virginia owes a debt of gratitude to her sons and daughters who have served in the armed forces with distinction and returned and those who the winds of war have swept from these mountains forever; and
     Whereas, It is a fitting tribute and a demonstration of our respect and our appreciation to name the entire I-64 corridor in memory of all West Virginians who have served so valiantly in all wars, therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name I-64 the "Purple Heart Trail" and to erect signage as it deems appropriate in all rest areas facilities on the designated highway; 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 Secretary of the Department of Transportation, the Director of Veterans Affairs, the Secretary of the Department of Military Affairs and Public Safety and the Governor of the State of West Virginia.
     Delegate Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 14 - "Opposing the National Association of Insurance Commissioner's (NAIC) accreditation process and urging the NAIC to remain an advisor organization which does not attempt to use sanctions to force legislative action while also urging the NAIC to create a mechanism whereby Legislators are allowed to participate in the organization and provide input on legislative matters."
     Whereas, States have the primary responsibility for regulating the business of insurance through laws and regulations; and
     Whereas, The current accreditation process of the National Association of Insurance Commissioners (NAIC) infringes on that responsibility; and
     Whereas, The NAIC has opened its plenary and executive committee meetings and conference calls and will reexamine its accreditation and seek input from state legislators; and
     Whereas, The NAIC is not a policy making body and should leave broad public policy decisions to State legislators; and
     Whereas, The resolution of these issues hinges on the appropriate definition of the NAIC's functions and funding mechanisms; therefore, be it
     Resolved by the House of Delegates:
     That opposition is hereby expressed to the NAIC's accreditation process; and, be it
     Further Resolved, That the NAIC is urged to remain an advisor organization which does not attempt to use sanctions to force legislative action; and, be it
     Further Resolved, That the NAIC is further urged to create a mechanism whereby legislators are allowed to participate in the organization and provide input on legislative matters; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to each State insurance commissioner, the National Association of Insurance Commissioners and the National Governor's Association.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss:

     
H. B. 2804 - "A Bill to amend and reenact section three, article fourteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to powers, authority and duties of municipal police officers; and providing that a municipal police officer may issue citations for certain misdemeanors committed in his or her presence"; to the Committee on Political Subdivisions then the Judiciary.
     By Mr. Speaker, Mr. Kiss:
     
H. B. 2805 - "A Bill to amend and reenact section four, article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing law-enforcement officers of those municipalities situate in more than one county to conduct the secondary test for the purpose of determining the alcoholic content in a drivers blood, breath or urine in any county in which the municipality lies"; to the Committee on Political Subdivisions then the Judiciary.
     By Mr. Speaker, Mr. Kiss:
     
H. B. 2806 - "A Bill to amend and reenact sections fourteen, seventeen and seventeen-a, article ten, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section fifteen, article eleven of said chapter, all relating to payment of interest on tax refunds and tax overpayments; time limits on claims for refund of personal income taxes; requiring payment of interest on claims for refund of personal income taxes be paid after forty-five days; requiring payment of interest on claims for refund of corporation net income taxes be paid after ninety days; setting forth interest calculations; and revising interest provisions respecting estate taxes"; to the Committee on Finance.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2807 - "A Bill to amend and reenact sections one and three, article seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one and five, article seven-a of said chapter, all relating to combining the board of examiners for registered professional nurses with the board of examiners for licensed practical nurses; transfer of powers, duties and responsibilities; and specifying effective date"; to the Committee on Government Organization.
     By Mr. Speaker, Mr. Kiss, and Delegate Staton:
     
H. B. 2808 - "A Bill to amend article one, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-eight, relating to authorizing use of answering machines by state agencies, departments and institutions within the executive branch; providing that if a state agency utilizes an answering machine during normal working hours the agency shall furnish to the president of the Senate and the speaker of the House a telephone number or numbers where the telephone will be immediately answered by a person; requiring that any answering machine used have and inform users that the numeral zero may be dialed at any time to speak with a person; and providing for freezing of spending authority where an agency or department fails to comply"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Trump, Amores, Hall and Mezzatesta:

     
H. B. 2809 - "A Bill to amend and reenact section three, article eleven, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to barring third-party claims against insurers for violation of the Unfair Trade Practices Act"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Amores, Kominar and Trump:

     
H. B. 2810 - "A Bill to amend article two, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated twelve-a, relating to statutes of repose for product liability actions"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Kominar, Amores and Trump:

     
H. B. 2811 - "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 twenty-one, relating to collateral source payments and the reduction of damages awards by the amount persons have already received or will receive from collateral sources as compensation for their injuries"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request), and Delegate Campbell (By Request):

     
H. B. 2812 - "A Bill to amend and reenact sections twelve, thirteen, fourteen, fourteen-a, fifteen, sixteen, eighteen and twenty-one, article two, chapter fifty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the interest rate paid on compensation for eminent domain proceedings; and changing the interest rate from ten percent to the existing prime rate"; to the Committee on the Judiciary.
     By Delegates Boggs, Stemple and Leggett:
     
H. B. 2813 - "A Bill to amend and reenact section twenty-two-a, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to wildlife resources generally; procedures applicable to property destruction by bear and allowing property owners and lessees to kill a bear discovered damaging real or personal property"; to the Committee on Agriculture and Natural Resources then the Judiciary.
     By Delegates Butcher, Wright, Hrutkay, Ferrell and Warner:
     
H. B. 2814 - "A Bill to amend and reenact section six, article nine, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to moving traffic regulations generally and increasing the penalty for failure of a driver to yield the right-of- way"; to the Committee on the Judiciary.
     By Delegates Butcher, Hrutkay, Wright, Ferrell and Kuhn:
     
H. B. 2815 - "A Bill to amend and reenact section fourteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for special motor vehicle registration plates for volunteers and employees of the American Red Cross"; to the Committee on Roads and Transportation then Finance.
     By Delegates Craig, Morgan, Amores and Stalnaker:
     
H. B. 2816 - "A Bill to amend and reenact section two, article six-b, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to homestead property tax exemption; and amending definition of term 'used and occupied exclusively for residential purposes'"; to the Committee on the Judiciary then Finance.
     By Delegates DeLong, Amores, Perdue and Howard:
     
H. B. 2817 - "A Bill to amend chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article seventeen-a, relating to creation of a registry containing names of employees from any agency or organization under the authority of the department of health and human resources who have committed acts of abuse, neglect or misappropriation of property against any person under the care, custody or control of the agency or organization; providing for definitions of certain terms; requiring that each organization and agency under the authority of the department of health and human resources maintain individual employee forms for recording personal information as well as information related to allegations of abuse, neglect or misappropriation of property; addressing how complaints are handled and investigated; providing for appeal by persons determined to have committed any act of misconduct under the provisions of this article; requiring employment screening of applicants for employment; setting forth the secretary of the department of health and human resources' duties under the article; prohibiting the employment of persons whose names are contained on the registry; setting forth the standard of proof to be applied in contested matters involving allegations of misconduct; providing that, pending final outcome of contested matters involving allegations of misconduct, records are not accessible to the public; providing that information contained on the registry is public information; providing a mechanism for removal of names from the registry for good cause; requiring the secretary to propose legislative rules for rehabilitation and behavior modification of persons whose names are included on the registry; and, requiring mandatory reporting by employees and others of instances of abuse, neglect or misconduct they witness subject to the provisions of this article"; to the Committee on Government Organization then Finance.
     By Delegates Doyle, Tabb and Manuel:
     
H. B. 2818 - "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 thirty-nine-a, relating to authorizing the county commissions of growth counties to include private market methods such as the transfer of development rights to encourage the preservation"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Frederick, Long, Frich, Caruth, Stalnaker, H. White and Shelton:

     
H. B. 2819 - "A Bill to amend and reenact section four, article twenty-four, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West Virginia corporate net income tax; and reducing the rate of the corporate net income tax from nine percent to six percent by reducing the rate of tax by one half of one percent per year, beginning the first day of January, two thousand four"; to the Committee on Finance.
     By Delegates Hatfield, Fleischauer, Perdue, Brown and Manuel:
     
H. B. 2820 - "A Bill to amend article five-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto seven new sections, designated sections twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five and twenty-six, all relating to nursing homes; requiring adequate staffing, specifying certain staff to resident rations; providing enforcement provisions; including civil penalties; requiring a study committee; providing enhanced training requirements for nurse aides; and providing a grant program for projects aimed at reducing employee turnover in nursing homes"; to the Committee on Health and Human Resources then Finance.
By Delegates Hatfield, Martin, Caputo, Brown, Webster and Fleischauer:

     
H. B. 2821 - "A Bill to amend chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article five-f, relating to providing quality health care in hospitals; restricting nonvoluntary overtime in hospitals; providing enforcement provisions; providing that certain provisions in agreements contrary to the restrictions are void; and providing criminal and civil penalties"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegates Kuhn and Perdue:
     
H. B. 2822 - "A Bill to amend and reenact section twelve, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to issuance and renewals of driver's licenses; and limiting the time a driver's license may be issued to a person who is not a citizen of the United States to the time the person is authorized to be in the United States"; to the Committee on Roads and Transportation then the Judiciary.
     By Delegates Morgan, Craig, Leach, Smirl, Sobonya and Howard:
     
H. B. 2823 - "A Bill to amend and reenact section seven, article one, chapter eleven-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section twenty, article three of said chapter, all relating to real and personal property taxes; sheriff's tax sale of real estate erroneously assessed or nonexistent; modifying the method for a purchaser to recover the purchase money; limiting the period of time for demanding a refund; and requiring that delinquent personal property taxes, just as real estate taxes, must be paid before current taxes may be paid"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Howard, Shaver, Palumbo, Pino and Hrutkay:

     
H. B. 2824 - "A Bill to amend and reenact section seven, article five, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for the continuation of misdemeanor prosecutions in cases where a defendant is charged by complaint with felonies and misdemeanors"; to the Committee on the Judiciary.
By Delegates Pino, Perry, Perdue, DeLong, Campbell, Hatfield and Smirl:

     
H. B. 2825 - "A Bill to repeal article five-h, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact article five-d and five-t of said chapter, all relating to the changing of personal care homes and residential board and care homes to assisted living residences and extending the care home advisory board for an additional six months"; to the Committee on Health and Human Resources then Government Organization.
     By Delegate Smirl:
     
H. B. 2826 - "A Bill to amend and reenact section three, article four, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections two, six-a and eight, article five, chapter seventeen-c of said code; to amend and reenact sections one, one-a, two and three-a, article five-a of said chapter; to amend and reenact section eighteen-b, article seven, chapter twenty of said code; and to amend and reenact section one, article six-a, chapter thirty-three of said code, all relating to driving under the influence of alcohol, controlled substances or drugs and reducing the allowable blood alcohol content for driving under the influence from ten hundredths to eight hundredths of one percent of body weight"; to the Committee on the Judiciary then Finance.
     By Delegates Stalnaker and Mezzatesta:
     
H. B. 2827 - "A Bill to amend and reenact section eight, article five, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to setting forth certain requirements for transferring school aides"; to the Committee on Education then Finance.
By Delegates Staton, Kominar, Stemple, DeLong, Frederick, Webb and Pino:

     
H. B. 2828 - "A Bill to amend and reenact section seven, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one and two, article three, chapter fifty of said code; to amend and reenact sections ten and eleven, article one, chapter fifty-nine of said code; to amend and reenact section twenty-eight-a, article one, chapter fifty-nine of said code; to amend and reenact section seventeen, article two of said chapter; and to amend and reenact section four, article seven, chapter sixty-one of said code, all relating to increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees; and dedicating those fee increases to the courthouse facilities improvement fund"; to the Committee on the Judiciary.
     On motion 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 titles, as follows:
     By Delegates Beane, Kuhn, Ennis, Manchin, Manuel, Martin and Leggett:
     
     H. B. 2829 - "A Bill to amend and reenact section one-b, article one, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the division of culture and history,"
     And,
By Delegates Beane, Kuhn, Yeager, Iaquinta, Talbott, Leggett and Schoen:

          
H. B. 2830 - "A Bill to amend and reenact section twenty-one, article one, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the division of natural resources."
     Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2829 and H. B. 2830) will be placed on the Consent Calendar.
     On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:
     By Delegates Beane, Kuhn, Butcher, Ennis, Manchin, Leggett and Azinger:
     
H. B. 2831 - "A Bill to amend and reenact section fifteen-a, article eight, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the continuation of the records management and preservation board."
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:

     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.
     Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 2512 under the provisions of House Rule 49.
     The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
     On the passage of the bills, the yeas and nays were taken (Roll No. 28), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
     Absent And Not Voting: Brown, Coleman, Leach, Shelton, Staton, Webb and Yost.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2512, H. B. 2750, H. B. 2751 and H. B. 2752) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein.
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. 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.
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. 2694, Protecting the beekeeping industry,
     And,
     H. B. 2803, Continuing the board of barbers and cosmetologists.
House Calendar

Third Reading

     
H. B. 2693, Providing the ability to define and draw DNA samples from convicted felons for maintaining a DNA database; 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. 29), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
     Absent And Not Voting: Brown, Coleman, Leach, Shelton, Staton, Webb and Yost.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2693) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absences

     At the request of Delegate Varner, and by unanimous consent, leaves of absence were granted Delegates Brown, Coleman, Leach, Shelton, Staton, Webb and Yost.
     At 11:28 a.m., on motion of Delegate Varner, the House of Delegates adjourned until 1:00 p.m., Monday, February 3, 2003.