__________*__________
Thursday, February 6, 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, February 5, 2003, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to grant privileges
of the floor to invited guests for presentations by the House.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
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,
H. C. R. 3, Naming the bridge that crosses the Capon River on Route 259 at Yellow Spring,
Hampshire County, the "Kenneth Seldon Bridge",
H. C. R. 18, Naming the new bridge on Winchester Street which crosses the CSX Railroad
in Paw Paw, Morgan County, West Virginia, the "PFC Ray W. Stotler Memorial Bridge",
H. C. R. 19, Naming the new bridge on Route 9 which crosses the CSX Railroad in Paw
Paw, Morgan County, West Virginia, the "The American Legion Bridge",
H. C. R. 20, Erecting a road sign on state route 61 near Beardsfork Hollow, Fayette County,
West Virginia, honoring Walter "Mike" South, former President of the Black Lung Association,
And,
S. C. R. 5, Requesting Division of Highways name bridge near Jackson's Mill "Homer
Bennett Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Browning, 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. 2865, Upgrading the criminal offense of damaging or destroying real or personal
property owned by a railroad company or public utility,
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. 2865) 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. 2818, Authorizing the county commissions of growth counties to include the transfer
of development rights as part of a zoning ordinance,
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. 2818) 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. 2532, Allowing municipalities to enact an occupation privilege fee,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2532) was referred to
the Committee on Finance.
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. 2505, Allowing municipalities to establish a procedure for run-off elections in cases
of tie votes in municipal elections,
And,
H. B. 2283, Authorizing lateral transfers for deputy sheriffs,
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. 2505 and H. B. 2283)
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. 2556, Requiring the insurance commissioner to issue an annual communication to
increase awareness of certain flood insurance issues,
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. 2556) was referred to
the Committee on Finance.
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. 2714, Relating to the donation of firefighting and fire rescue equipment and insurance
policies dealing with immunity coverage provisions,
And,
H. B. 2764, Defining the content of subpoenas that may be issued by the insurance
commissioner,
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. 2714 and H. B. 2764)
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. 2713, Authorizing corporations incorporated under the laws of states other than West
Virginia to apply for, obtain and maintain a certificate of authority to operate a health maintenance
organization,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2713) was referred to
the Committee on Government Organization.
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. 2702, Eliminating the examination assessment fee on risk retention groups,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2702) was referred to
the Committee on Finance.
Chairman R. M. Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 189, Relating to approval of out-of-state bank applications to establish bank branches,
S. B. 190, Requiring more examinations for certain banks to track current practice with
federal regulators,
S. B. 191, Relating to state-chartered credit union converting to federal or another state
charter,
S. B. 192, Relating to notice from certain bank holding companies,
And,
H. B. 2514, Authorizing the board of banking and financial institutions to prohibit
individuals removed from one financial institution from participating in the affairs of other financial
institutions,
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 (S. B. 189, S. B. 190, S. B.
191, S. B. 192 and H. B. 2514) 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 2622, Health and human resources, nurse aid abuse registry,
And,
H. B. 2623, Health, sewage treatment and collection system design standards,
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. 2622 and H. B. 2623)
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. 2625, Health, surrogates for incapacitated persons in health care facilities,
H. B. 2628, Human services, tel-assistance program,
And,
H. B. 2629, Human services, family day care home registration requirements,
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. 2625, H. B. 2628 and
H. B. 2629) 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. 2217, Increasing the health care provider tax on gross receipts of providers of nursing
facility services,
And reports the same back without recommendation as to its passage, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2217) was referred to the Committee on Finance.
Chairman Yeager, 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. 2581, Natural resources, special boating rule,
H. B. 2649, DNR, revocation of hunting and fishing licenses,
And,
H. B. 2651, DNR, deer hunting regulations
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. 2581, H. B. 2649 and
H. B. 2651) were each referred to the Committee on the Judiciary.
Chairman Warner, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2763, Allowing original equipment mounted auxiliary lighting devices for use only
when the vehicle is used off road,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that the second reference to the Committee on the
Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2763) 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 (H. B. 2763) will be placed on the Consent
Calendar.
Chairman Warner, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2791, Allowing certain exempted class A farm use vehicles to use the highways
between sunset and sunrise,
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. 2791) was referred to
the Committee on Finance.
Chairman Warner, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2572, Highways, traffic and safety rule,
H. B. 2573, Highways, transportation of hazardous wastes,
H. B. 2579, Motor vehicles, test and lock program,
H. B. 2580, Motor vehicles, motor vehicle inspection manual,
H. B. 2647, Motor vehicles, denial, suspension, revocation or non-renewal of driving
privileges,
H. B. 2648, Motor vehicles, dealers, wreckers, re-builders and license services, auctions, leasing, rental and administrative due process,
And,
H. B. 2684, Authorizing the commissioner of department of highways to set certain speed
limits,
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. 2572, H. B. 2573, H.
B. 2579, H. B. 2580, H. B. 2647, H. B. 2648 and H. B. 2684) were each referred to the Committee
on the Judiciary.
Chairman Browning, 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. 2266, Providing authority for state fire marshals to cooperate with and assist other
law-enforcement agencies,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2266 - "A Bill to amend and reenact section three, article ten, chapter
fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
cooperation between law-enforcement agencies generally and including the state fire marshal and
deputy and assistant fire marshals within the definition of criminal justice enforcement personnel for
the purpose of authorizing the state fire marshal and deputy and assistant fire marshals to cooperate
with and assist other law-enforcement agencies,"
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 (Com. Sub. for H. B. 2266) 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. 2266) will be placed on the
Consent Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2383, Requiring the state department of education to submit a comprehensive teacher
certification plan to LOCEA for adopting prior to July 1, 2003,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2383) will be placed on the Consent
Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2382, Providing salary supplements of $2,500 and expense reimbursements to
professional personnel who meet certain professional national certification standards,
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. 2382) was referred to
the Committee on Finance.
Chairman Warner, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2760, Authorizing motor carrier inspectors designated by the PSC to enforce all traffic
laws and rules of the road with respect to commercial motor vehicles,
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 Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2760) was referred to
the Committee on the Judiciary.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2281, Raising the allowable earnings limit of higher education faculty who retired
under the severance plan,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2281 - "A Bill to amend and reenact section one-d, article one, chapter
eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to raising the allowable earnings limit of higher education personnel who retired under the severance
plan and setting forth an external standard to govern this limit,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2281) 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. 2281) will be placed on the
Consent Calendar.
Messages from the Senate
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. 13 - "Requesting the Division of Highways name the bridge crossing from Kermit,
West Virginia, to Martin County, Kentucky, the 'Herbert "Hub" Cline Bridge'."
Whereas, Herbert Cline was born January 13, 1920, in Chattaroy, West Virginia; and
Whereas, Herbert Cline was a graduate of Wake Forest University where he excelled at
basketball and was inducted into the All-American Hall of Fame at Wake Forest for basketball. He
also participated in football; and
Whereas, Herbert Cline served his nation with pride and distinction as a pilot in the United
States Air Force; and
Whereas, After returning to West Virginia, Herbert Cline was an educator and a basketball
coach in Mingo County; and
Whereas, Herbert Cline left teaching and became a successful businessman in the coal
industry, starting a company which employed more than a thousand people in Matewan, West
Virginia, which he later expanded into Martin County, Kentucky; and
Whereas, Herbert Cline was devoted to his church and his community and made numerous
anonymous contributions to assist others; and
Whereas, Sadly, Herbert Cline passed away August 11, 1997; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge crossing from
Kermit, West Virginia, to Martin County, Kentucky, the "Herbert 'Hub' Cline 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 "Herbert 'Hub' Cline 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. 21 - "Requesting the Division of Highways name the bridge on Route 28 near
Romney, Hampshire County, the 'John Blue Bridge'."
Whereas, John Blue came to Hampshire County, Virginia, in 1725 from Somerset County, New Jersey, having allegedly received land from Thomas, Lord Fairfax; and
Whereas, The acreage owned by John Blue was present day Route 28 north of Romney,
Hampshire County, along the South Branch of the Potomac River; and
Whereas, John Blue had fourteen children who settled in the area and his great grandson,
also named John Blue, is noted in numerous Civil War history books; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 28
near Romney, Hampshire County, the "John Blue Bridge" in tribute to an early settler along the
South Branch of the Potomac River; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge on Route 28 near Romney, Hampshire County, as the "John Blue
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.
Resolutions Introduced
Delegates Manchin and Caputo offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. R. 15 - "Designating February 19, 2003, as 'Law-enforcement Appreciation Day'."
Whereas, Citizens of West Virginia should pause to consider the men and women of law
enforcement who daily place their lives in danger for our safety; and
Whereas, The men and women of law enforcement have dedicated themselves to the
communities they serve and have trained efficiently to perform their duties; and
Whereas, Sadly, there are many law-enforcement officers who pay the ultimate price and
are killed in the line of duty; and
Whereas, It is fitting that we pay tribute to the men and women of law enforcement whose
dedication and commitment to protect and serve our citizens go unnoticed in our daily lives;
therefore, be it
Resolved by the House of Delegates:
That the Senate hereby designates February 19, 2003, a "Law-enforcement Appreciation
Day" as an expression of our gratitude for the outstanding task law-enforcement officers perform on
a daily basis for our safety and protection; and, be it
Further Resolved, That the Senate is proud of the men and women who put their lives on the
line daily and who live up to the creed "To protect and serve" the citizens of their communities; and,
be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to appropriate representatives of law enforcement.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Craig, Hrutkay and Mahan:
H. B. 2880 - "A Bill to amend and reenact section twenty, article seventeen, chapter twenty-
two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
increasing underground storage tank annual registration fees from owners of underground storage
tanks; and requiring that such increase in fees be implemented by emergency rule"; to the Committee on the Judiciary then Finance.
By Delegates Craig, Morgan and Smirl:
H. B. 2881 - "A Bill to amend and reenact section twenty-three, article three, chapter twenty-
two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
surface coal mining and reclamation; and establishing requirements for bond release"; to the
Committee on the Judiciary.
By Delegates Craig, Morgan, Caputo and Smirl:
H. B. 2882 - "A Bill to amend and reenact section seven, article one, chapter twenty-two-b
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to appeals
to the environmental quality boards generally; and limiting requirements for stays for appeals under
the surface coal mining and reclamation act for unjust hardship"; to the Committee on the Judiciary.
By Delegates Hamilton, Poling, Williams, Azinger, Evans, Stalnaker and Manuel:
H. B. 2883 - "A Bill to amend and reenact section six, article eleven-a, chapter forty-seven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
a retail markup on the sale of beer, wine and intoxicating liquors of fifteen percent"; to the
Committee on the Judiciary.
By Delegates Hatfield, Amores, Martin, Caputo, Houston and Manuel:
H. B. 2884 - "A Bill to amend and reenact section two, article five-c, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said
article by adding thereto two new sections, designated sections five-a and five-b, all relating to
nursing homes; defining certain terms; requiring the posting of staffing data; and providing for the
right of family members to form family councils at nursing homes"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hatfield, Fleischauer, Webster, Brown, Manuel and Amores:
H. B. 2885 - "A Bill to amend chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-i,
relating to 'Crisis Pregnancy Organizations'; providing definitions; providing limitations and
requirements relative to when crisis pregnancy organizations may render services to women with
unplanned or unwanted pregnancies"; to the Committee on Health and Human Resources then the
Judiciary.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2886 - "A Bill to amend and reenact section two, article twenty, chapter thirty-three
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the types
of entities that are governed by article twenty, chapter thirty-three of said code"; to the Committee
on Banking and Insurance then Finance.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2887 - "A Bill to amend and reenact sections one, two, three, four, six and seven,
article thirty-seven, chapter thirty-three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to further amend article thirty-seven, by adding thereto two new sections,
designated sections eight and nine, all relating to providing the article with a short title; refining
definitions; treating the licensing and authority of managing general agents; and increasing the
authority of the Commissioner, including the authority to order penalties in an amount not exceeding
ten thousand dollars for a violation of the article"; to the Committee on Banking and Insurance then
Finance.
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 titles, as follows:
By Delegates Beane, Kuhn, Perdue, Tucker, Talbott, Leggett and Caruth:
H. B. 2888 - "A Bill to amend article fourteen, chapter thirty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section sixteen, relating to continuation of the board of osteopathy,"
And,
By Delegates Beane, Kuhn, Hatfield, Manchin, Leggett, Blair and Caruth:
H. B. 2889 - "A Bill to amend article twenty one, chapter thirty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section sixteen, relating to continuation of the board of examiners of psychologists."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2888 and H. B. 2889) will be placed on the
Consent Calendar.
Consent Calendar
Second Reading
H. B. 2864, Continuing the office of explosives and blasting; on second reading, coming up
in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2008, Providing good-faith background checks for law-enforcement
personnel,
H. B. 2802, Providing for a legal description in deeds creating an easement right-of-way,
And,
H. B. 2879, Continuing the West Virginia commission on holocaust education.
Special Calendar
Unfinished Business
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; coming up in regular order, as unfinished business, was
reported by the Clerk.
The Speaker propounded "Shall the resolution be rejected?"
On this question, Delegate Overington demanded the yeas and nays, which demand was
sustained.
The yeas and nays having been ordered, they were taken (Roll No. 34), and there were--yeas
71, nays 26, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke,
Ellem, Evans, Frich, Hall, Howard, Leggett, Louisos, Overington, Romine, Schadler, Schoen,
Sobonya, Sumner, Trump, Wakim, Walters and Webb.
Absent And Not Voting: Coleman, Faircloth and Perdue.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 12) rejected.
H. C. R. 16, Renaming the entire portion of the West Virginia King Coal Highway, the intersection of I-73/74 and the Coalfield Expressway and the intersection of I-73/74 and Route 123;
coming up in regular order, as unfinished business, was reported by the Clerk and adopted..
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
H. B. 2268, Teachers and substitute teachers as professional educators and addressing the
critical need and shortage thereof; coming up in regular order, was read a first time and ordered to
second reading.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Coleman, Faircloth and Perdue.
Miscellaneous Business
Delegate Overington asked and obtained unanimous consent that the remarks of Delegate
Trump regarding H. R. 12 be printed in the Appendix to the Journal.
At 12:00 Meridian, on motion of Delegate Staton, the House of Delegates adjourned until
11:00 a.m., Friday, February 7, 2003.