__________*__________

Tuesday, February 11, 2003


     The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Monday, February 10, 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 extend privileges of the floor to invited guests for a presentation by the House.
     Delegate Spencer announced that she was absent on Monday, February 10, 2003, when the votes were taken on Roll Nos. 36, 37, 38 and 39, and that had she been present, she would have voted "Yea" thereon.
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. C. R. 2, Requesting the Division of Highways name the bridge located at Route 10 on County Route 10/20 at the Huntington Business and Industrial Park in Huntington, Cabell County, West Virginia, the "James Vincent Owens Bridge",
     And reports the same back with the recommendation that it be adopted.
     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. 2583, Real estate commission, requirements and conduct of brokerage business,
     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. 2583) was referred to the Committee on the Judiciary.
     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. 2584, Real estate commission, schedule of fees,
     And,
     H. B. 2660, Real estate commission, requirements in approval and registration of real estate courses, providers and instructors,
     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. 2584 and H. B. 2660) were each referred to the Committee on the Judiciary.
     Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     S. B. 215, Making supplementary appropriation to department of health and human resources, health care authority,
     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 (S. B. 215) will be placed on the Consent Calendar.
     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2933, Relating to qualifications, duties and obligations of executors or administrators,
     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. 2933) will be placed on the Consent Calendar.
     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2843, Enacting the federally required provisions of the "Help America Vote Act of 2002",
     And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
     Com. Sub. for H. B. 2843 - "A Bill to repeal section twenty, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections twenty and forty-one, article one of said chapter three; to further amend said article one by adding thereto three new sections, designated sections forty-eight, forty-nine and fifty; to amend and reenact sections three, five, ten and nineteen, article two of said chapter three; and to further amend said article two by adding thereto a new section, designated section four-a, all relating to federal election procedures; providing for procedures when voting a provisional ballot; establishing a state election fund; setting new standards for voting systems; providing for state-based administrative complaint procedures; authorizing the secretary of state to establish and maintain a statewide voter registration list; and providing for stricter identification procedures for voter registration,"
     With the recommendation that the committee substitute do pass.
     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. 2843) will be placed on the Consent Calendar.
     Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2794, Increasing the service fee for worthless checks,
     And reports the same back with the recommendation that it do pass.
Messages from the Executive

     Mr. Speaker, Mr. Kiss, presented the twenty-second annual report of the Commission on Special Investigations to the West Virginia Legislature:
West Virginia legislature

COMMISSION ON SPECIAL INVESTIGATIONS

Charleston, West Virginia 25311

West Virginia Legislature
Charleston, West Virginia
     Pursuant to Chapter 4, Article 5, Section 2 of the West Virginia Code, we submit the Twenty- second Annual Report of the Commission on Special Investigation to the West Virginia Legislature.
                         Respectfully submitted,
                         Earl Ray Tomblin,
                         Robert S. Kiss,
                          Co-Chairmen
                          Commission on Special Investigations
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. 204 - "A Bill to amend and reenact sections two and three, article five, chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to removing language which precludes incarcerated persons from being subjected to mental hygiene proceedings; and clarifying that licensed independent clinical social workers and advanced nurse practitioners with psychiatric certification may certify persons for purposes of mental health proceedings"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
     S. B. 336 - "A Bill to amend and reenact section two, article one-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to uniform application forms for credentialing, re-credentialing and updating information for health care practitioners"; which was referred to the Committee on Government Organization.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
     S. B. 356 - "A Bill to amend and reenact sections two, two-a, three and seven, article twenty- seven, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to insurance company holding systems and amendments required by the federal Gramm-Leach-Bliley Act; allowing insurance companies to acquire or be acquired by depository institutions; amending the period of time within which a public hearing and action thereon may be taken by the commissioner upon a statement filed by a person offering to acquire control of an insurance company; authorizing the commissioner to share confidential information gathered pursuant to said article with the board of governors of the federal reserve system or other appropriate federal banking agency; and making technical changes"; which was referred to the Committee on Banking and Insurance then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
     S. B. 358 - "A Bill to amend article five, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-seven, relating to the re-domestication of domestic insurance companies"; which was referred to the Committee on Banking and Insurance then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
     Com. Sub. for S. B. 424 - "A Bill to amend article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-a, relating to governor's authority to authorize the commissioner of corrections to consent to transfers of convicted offenders under a federal treaty requiring consent of inmate; and requiring inmate be informed of rights and procedures in a language he or she understands"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

     Mr. Speaker, Mr. Kiss, and Delegates Mahan, Brown, Staton, Amores, Michael, Fleischauer, Hatfield, Hrutkay, Leach, Palumbo, Campbell, Swartzmiller, Frich, Webster, Beane, Kominar, Mezzatesta, Pino, Varner, Warner, Anderson, Faircloth, Smirl, Trump, Hall, Calvert, Houston, Poling, Renner, Schoen, Sobonya, Spencer, Sumner, Susman and Yeager offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 33 - "Expressing the ideal of the addition of a woman to the State Seal of West Virginia in recognition of the achievements and endeavors of West Virginia's women."
     Whereas, Since the creation of the State Seal by Joseph Dis Debar in 1863, West Virginia has become prominent largely due to the hard work and sacrifice of both the men and women of West Virginia; and
     Whereas, During the settlement of West Virginia, women played an essential role often laboring together with men in the wilderness, preparing and cultivating farms and protecting their homestead from danger; and
     Whereas, In tribute to the extraordinary performance of women such as; Mary Ingles (one of the first pioneers known to enter West Virginia), Lenna Lowe Yost (one of the leaders of West Virginia's suffrage movement and the first woman to chair a major political party national convention), Elizabeth Kee (the first woman from West Virginia to be elected to the U.S. Congress), and many others, whose gifts to West Virginia helped build a legacy; and
     Whereas, These many achievements of West Virginia women should be honored and remembered in tribute to the hard work and dedication that these women have endured since the inception of this State; and
     Whereas, In pride and accomplishment, with each steady tread the women of West Virginia continue to sow and reap in areas such as government, medicine and public service; and
     Whereas, There is no better way to honor and remember the hard work, accomplishments and sacrifice of West Virginia women than by revising te state seal to include women; and
     Resolved by the House of Delegates:
     
That the House of Delegates hereby expresses the ideal that an addition of a woman should be incorporated onto the State Seal of West Virginia; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Governor, the Senate President, the Secretary of State and the West Virginia Women's Commission.
     Delegates Ennis, Swartzmiller, Browning, Manchin, Butcher, Kuhn, Paxton, Poling, Shelton, Tucker, H. White, Yeager, Azinger, Ashley, Ellem, Howard, Smirl and Webb offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 34 - "Requesting the Committee on Government and Finance to conduct a study of adding wheelchair accessible ramps and covered walkways to the wings of the state capitol."
     Whereas, The general public, particularly veterans, visit the capitol during each legislative session to meet with their Senators and Delegates to discuss issues of concern; and
     Whereas, The majority of legislators are located in offices in the east and west wing of the capitol building; and
     Whereas, Walking from the main capitol building to the east or west wings exposes all persons to the elements during the months of the most inclement weather of the year; and
     Whereas, This route of travel is without ramps for wheelchair bound citizens, therefore necessitating difficult and long travel to reach legislators' offices; and
     Whereas, The Legislature should look into available ways of correcting these inadequacies, creating a more accommodating and welcoming environment; and
     Whereas, The Legislature should work in conjunction with the West Virginia State Capitol Building Commission to study and devise available solutions to this ongoing problem, therefore be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the feasibility of adding wheelchair accessible ramps and covered walkways to both wings of the state capitol; 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 Hatfield, Mezzatesta, Michael, Williams and Carmichael offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 35 - "Requesting the Joint Committee on Government and Finance to conduct a study of the shortage of qualified nursing personnel to involve the study of: Current funding sources for nursing education; administration of funding for nursing education; the adequacy of funding levels per nursing student; the capacity for expansion of nursing programs; the need to increase nursing faculty salaries; the need to upgrade and enhance distance education technology; funding for enhanced distance education; and, the need to provide stipends to support nontuition related expenses for nursing education programs."
     Whereas, There is a critical shortage of qualified nurses in several areas of this State; and
     Whereas, State supported nursing programs are struggling with limited budgets and the recognized need to keep abreast of modern technological and healthcare advances in offering educational courses and training to nursing students; and
     Whereas, The West Virginia board of registered professional nurses has established a nursing shortage study commission to bring these issues before the Legislature and has filed a report on its findings; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study of the shortage of qualified nursing personnel to involve a study of: Current funding sources for nursing education; administration of funding for nursing education; the adequacy of funding levels per nursing student; the capacity for expansion of nursing programs; the need to increase nursing faculty salaries; the need to upgrade and enhance distance education technology; funding for enhanced distance education; and, the need to provide stipends to support nontuition related expenses for nursing education programs; 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 the legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Manchin and Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 36 - "Directing the State Lottery Commission to honor its statutory duty and commitment that one third of the appropriations of the proceeds from the lottery go to senior citizens programs."
     Whereas, Senior Citizens were the first group of voters approached to support and endorse the lottery amendment to the West Virginia Constitution in 1984. They were promised a fair share of the lottery proceeds and it was always the understanding that this fair share would be one third of the proceeds, with the other two-thirds divided equally between public education and tourism; and
     Whereas, This commitment that the seniors believed they had has never occurred. The most funding senior citizens' programs have received in any fiscal year has barely exceeded 22% of the lottery proceeds; and
     Whereas, The 2000 Census shows that West Virginia has 362,795 citizens 65 years of age or older and 302,769 citizens ages 5 through 17, with approximately 260,000 of this latter group in the public schools. The State budget provides $5,057.17 for every child in this age group, while allotting only $2.76 for every senior citizen age 60 or older. Adding the Lottery proceeds minus medicaid transfer raises the amount for children to $5,304.30 and for senior citizens to $41.35. The senior citizen allocations are for all services, including congregate and home delivered meals, transportation, referral housekeeping, advocacy and more for one senior citizen for the year; and
     Whereas, The Governor's budget for the fiscal year 2003 reduces funding for senior citizen programs, including the Silver Haired Legislature by $1440.00 and severely decreases the budget for the Senior Citizens Centers and Programs Line Item by $1.5 million. This is the senior program for county senior program needs, renovations and major acquisitions of vehicles and equipment as well as program operation. This decrease in financial support to seniors is puzzling in a State whose average age is the oldest in the nation, second only to Florida in total per capita aging population. The trend should be the preparation for increases in the older population by adequate funding of these programs to meet the growing demand and need for senior services, not a decrease in funding; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the State Lottery Commission honor its obligations, promises and commitments to the State's senior citizens as required by statute and ensure that appropriations for senior citizen programs and services be increased from lottery proceeds so that these various programs are receiving the one third of the lottery proceeds promised to senior citizens.
     Delegate Susman, Houston, Browning, Mahan, Michael, Staton, Fleischauer, Campbell and Poling offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 37 - "Requesting the Joint Committee on Government and Finance to conduct a study of planning for the safe evacuation from the state capitol complex of people with disabilities, including development of measures to provide alternative warning systems and improving alert and notification plans."
    Whereas, Natural disasters, biological and chemical threats or accidents and other emergencies require thoughtful planning and appropriate warning systems to ensure that all people are able to safely evacuate the state capitol complex without loss of life or injury; and
     Whereas, A recent survey of more than one thousand people found that fifty-eight percent of people with disabilities do not know whom to contact about emergency plans for their community in a disaster and fifty percent of those working full or part time say that no plans have been developed for an evacuation; and
     Whereas, There is a need to improve emergency preparedness for people with disabilities to ensure that citizens, visitors and employees with disabilities in the capitol complex have an effective means of warning of an emergency, assistance in evacuating and identification of safe egress in an emergency; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study of planning for the safe evacuation from the state capitol complex of people with disabilities, including the development of measures to provide alternative warning systems and improving alert and notification plans; 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 the legislative appropriations to the Joint Committee on Government and Finance.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
     By Mr. Speaker, Mr. Kiss, and Delegate Amores:
     
H. B. 2954 - "A Bill to amend and reenact section one, article ten-d, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend said chapter by adding thereto a new article, designated article ten-e, all relating to the consolidated public retirement board; providing that the board administer the emergency medical services retirement system; setting forth that each board member has a fiduciary obligation to each retirement system and to each member of those retirement systems; clarifying that board members are not personally liable for any debt or obligation of the board unless certain circumstances exist; directing board members to discharge their duties in accordance with the law governing the retirement systems; and establishing the emergency medical services retirement system act"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo, Fragale, Paxton, Yeager, Martin, Webster and Manchin:

     
H. B. 2955 - "A Bill to amend and reenact section thirteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section five, article twenty-nine of said chapter, all relating to the education and state employees' grievance board; enlarging the membership of the board from three to seven members; requiring that at least four members will represent the interests of public or education employees; nominating the four will be state organizations representing labor, school service personnel and teachers; increasing the number of board meetings per year from two to four; and limiting county board of education use of legal counsel"; to the Committee on Education then Finance.
By Delegates Frederick, H. White, Carmichael, R. M. Thompson, Warner, Cann and Stalnaker:

     
H. B. 2956 - "A Bill to amend and reenact sections two and four, article three, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to requiring the secretary of the department of environmental protection to adopt the federal regulations governing surface coal mining activities; and providing that any legislative rules proposed by the West Virginia Department of Environmental Protection for the purposes of permitting and regulating mining operations may be no more stringent than the federal regulations promulgated by the office of surface mining reclamation and enforcement"; to the Committee on the Judiciary.
     By Delegate Hrutkay:
     
H. B. 2957 - "A Bill to amend article one, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one hundred nine, relating to consumer credit and protection generally; prohibiting the sale of customer names and addresses; and providing a penalty for violation"; to the Committee on the Judiciary.
     By Delegate Hrutkay (By Request):
     
H. B. 2958 - "A Bill to amend and reenact section one hundred two, article six, chapter forty- six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section one hundred eleven, all relating to disclosure in credit card applications and solicitation; and creating a credit card 'do-not- solicit' list"; to the Committee on the Judiciary then Finance.
     By Delegates Hrutkay, Manuel and Martin:
     H. B. 2959 - "A Bill to amend article 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 seventeen, relating to licensed health care providers generally and prohibiting a licensed health care provider from accepting, with the exception of medications which are given to patients, a gift with a value of more than twenty-five dollars from a pharmaceutical company"; to the Committee on Government Organization.
     By Delegates Manchin and Caputo:
     
H. B. 2960 - "A Bill to amend and reenact section one, article twelve, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing the name of Fairmont State college to Fairmont State university"; to the Committee on Education then Finance.
     By Delegates Perry, Shaver, Beach and Fleischauer:
     
H. B. 2961 - "A Bill to amend and reenact section seven, article twelve, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school buses generally; and limiting idling of school buses in excess of five minutes except for certain purposes"; to the Committee on Education.
     By Delegates Schoen and Canterbury:
     
H. B. 2962 - "A Bill to amend and reenact section six, article seven, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring PROMISE scholarship recipients to work and reside in West Virginia upon completion of or at the end of their attendance at their institution for one year for every year that they received the scholarship, and if they fail to work and reside in West Virginia, the recipient must repay the full amount or a pro rata portion of the scholarship proceeds that they received with interest at the same rate set by the U.S. department of education for school loans"; to the Committee on Education then Finance.
     By Delegates Schoen, Paxton, Martin and Hall:
     
H. B. 2963 - "A Bill to amend and reenact section two, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to adding a magistrate to those serving Putnam County"; to the Committee on the Judiciary then Finance.
     By Delegates Schoen, Webster, Fleischauer, Amores and Trump:
     
H. B. 2964 - "A Bill to amend and reenact section six, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing an exception for family court judges as to prohibitions against carrying concealed deadly weapons"; to the Committee on the Judiciary.
     By Delegates Stemple, Mezzatesta, Craig, Amores and Pethtel:
     
H. B. 2965 - "A Bill to amend article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two; and to amend article three, chapter twenty-nine of said code by adding thereto a new section, designated section eleven-a, all relating to authorizing the division of corrections and the state fire marshal to retire, transfer or dispose of division of corrections and state fire marshal canines"; to the Committee on Government Organization then the Judiciary.
     By Delegate Talbott (By Request):
     
H. B. 2966 - "A Bill to amend and reenact section twenty-two, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to tagging of certain game"; to the Committee on Agriculture and Natural Resources then the Judiciary.
     By Delegates Wakim and Butcher:
     
H. B. 2967 - "A Bill to amend and reenact section nine, article eleven, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the human rights commission; unlawful discriminatory practices; and prohibiting discrimination in providing access to public accommodations because of means of transportation or insignia on clothing"; to the Committee on the Judiciary.
     By Delegate Webb:
     
H. B. 2968 - "A Bill to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-c, relating to creating the West Virginia tourism development act to induce the creation or expansion of tourism attraction projects; and it provides a tourism attraction project credit against sales tax"; to the Committee on Government Organization then Finance.
     By Delegates H. White and R. M. Thompson:
     
H. B. 2969 - "A Bill to amend and reenact section thirty-a, article thirteen, chapter thirty- three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the standard non-forfeiture law for individual deferred annuities"; to the Committee on Banking and Insurance then the Judiciary.
     On motion for leave, a bill was introduced (Originating in the Committee on Education and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
     H. B. 2970 - "A Bill to amend and reenact sections five-a, five-b and six-b, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the ratios of professional and service personnel to students in net enrollment; establishing the ratios for school year beginning in two thousand four; commencing and concluding allocation and appropriation over period of years; providing legislative intent to examine efficiency of elements of support program in funding to meet performance standards; and providing for certain allocation and appropriation from increase in local share for purpose of increasing ratios in net enrollment."
     Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2970) will be placed on the Consent Calendar.
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. 2266, Providing authority for state fire marshals to cooperate with and assist other law-enforcement agencies,
     Com. Sub. for H. B. 2281, Raising the allowable earnings limit of higher education faculty who retired under the severance plan,
    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,
    H. B. 2763, Allowing original equipment mounted auxiliary lighting devices for use only when the vehicle is used off road,
    H. B. 2888, Continuing the board of osteopathy,
    And,
    H. B. 2889, Continuing the board of examiners of psychologists.
    On the passage of the bills, the yeas and nays were taken (Roll No. 40), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
    Absent And Not Voting: Coleman.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2266, Com. Sub. for H. B. 2281, H. B. 2383, H. B. 2763, H. B. 2888 and H. B. 2889) passed.
    Delegate Staton moved that Com. Sub. for H. B. 2281 take effect from its passage.
    On this question, the yeas and nays were taken (Roll No. 41), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
    Absent And Not Voting: Coleman.
    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. 2281) takes effect from its passage.
    Delegate Staton moved that H. B. 2383 take effect from its passage.
    On this question, the yeas and nays were taken (Roll No. 42), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
    Absent And Not Voting: Coleman.
    So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2383) takes effect from its passage.
    Delegate Staton moved that H. B. 2763 take effect from its passage.
    On this question, the yeas and nays were taken (Roll No. 43), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
    Absent And Not Voting: Coleman.
    So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2763) takes effect from its passage.
    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. 2190, Permitting certain farm vehicles to use the highways between sunset and sunrise,
    Com. Sub. for H. B. 2239, Requiring foreign collection agencies to obtain a certificate of authority from the secretary of state,
    H. B. 2669, Hazardous waste management,
    And,
    H. B. 2916, Continuing the state geological and economic survey.
Messages from the Senate     

    A message from the Senate, by
    The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to
    Com. Sub. for H. B. 2122,
Relating to medical professional liability generally .
    The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
    Senators Kessler, Helmick, Minard, Plymale and Minear.
    On motion of Delegate Staton, the House of Delegates agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses.
    Whereupon,
    The Speaker appointed as conferees on the part of the House of Delegates the following:
    Delegates Amores, Craig, Mahan, Kominar and Armstead.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Leaves of Absences

     At the request of Delegate Staton, and by unanimous consent, a leave of absence was granted Delegate Coleman.
Miscellaneous Business

    Delegate Spencer asked and obtained unanimous consent that the remarks of Delegate Manchin, regarding senior citizens, be printed in the Appendix to the Journal.
    At 11:47 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Wednesday, February 12, 2003.