__________*__________
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.