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 Tuesday, January 14, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:Your Committee on Education has had under consideration:H. B. 2154, Relating to the school calendar generally,And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:Com. Sub. for H. B. 2154 - "A Bill to amend and reenact section forty-five, 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 five-a of said chapter, all relating to the school calender
generally; removing requirement for state board rule on minimum attendance; providing for
scheduling instructional support and enhancement days and specifying their use; requiring both
instructional activities for students and professional activities for teachers and listing examples;
waiving minimum attendance and attendance requirements on instructional support and enhancement
days; changing dates for scheduling the primary statewide assessment program; authorizing the
addition of instructional minutes for certain purposes; and requiring the scheduling of certain times
available for faculty senate meetings,"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. 2154) 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. 2054, Requiring county clerks to record a disclaimer of unenforceable restrictive
covenants based on race, color, religion, ancestry, sex, familial status, blindness, handicap or national
origin,And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:Com. Sub. for H. B. 2054 -- "A Bill to amend article four, chapter thirty-six of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eighteen, relating to certain unlawful covenants; and requiring the clerk of the
county commission to execute, record and post a disclaimer,"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. 2054) will be placed on the
Consent Calendar.Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Examiners
of Psychologists, in accordance with section twelve-b, article one, chapter thirty of the code; which
was filed in the Clerk's Office.Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Division of
Personnel, in accordance with section seven, article six, chapter twenty-nine of the code; which was
filed in the Clerk's Office.Mr. Speaker, Mr. Kiss, presented the Consumer Affairs' annual report of the West Virginia
Division of Banking, in accordance with section one hundred and two-four, article seven, chapter
forty-six -a of the code; which was filed in the Clerk's Office.Mr. Speaker, Mr. Kiss, presented the annual report of the Committee for the Purchase of
Commodities and Services from the Handicapped, in accordance with section ten, article three,
chapter five-a of the code; which was filed in the Clerk's Office.Mr. Speaker, Mr. Kiss, presented the annual report of the Time Standards Compliance of the
Workers' Compensation Office of Judges, in accordance with section three, article two, chapter
ninety-three of the code; which was filed in the Clerk's Office.On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:By Delegate Warner:H. J. R. 2 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article six thereof by adding thereto a new section, designated section fifty-seven, relating
to the issuance of specialized motor vehicle license plates to promote a pet neutering and spaying
program in the State of West Virginia and to require that revenue funds accruing from the sales of
all specialized pet neutering and spaying motor vehicle license plates which are in excess of revenues
otherwise dedicated to the road fund shall be expended solely for the management, educational
benefit and use of neutering and spaying programs in the State and in the counties of the State and
for no other purposes"; to the Committee on Constitutional Revision then the Judiciary.On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegates Amores and Brown:H. B. 2225 - "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
requirements for PROMISE scholarships"; to the Committee on Education then Finance.By Delegates Amores, Doyle, Webster, Fleischauer, Brown and Schadler:
H. B. 2226 - "A Bill to amend and reenact section twenty-one, article six, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting crimes against a person on his or her property because of a bias against that person;
including disability and sexual orientation to list of persons protected pursuant to this section;
includes actual or perceived in describing persons protected; altering elements of criminal acts;
removing provisions relating to conspiracy; and providing that free speech and expression of
religious beliefs are not subject to the provisions of this section"; to the Committee on the Judiciary.By Delegates Amores, Fleischauer, Hrutkay and Spencer:H. B. 2227 - "A Bill to amend and reenact section ten, article twenty-nine, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend
said article by adding thereto a new section, designated section ten-a; to amend and reenact section
twelve, article six-a, chapter twenty-nine of said code; and to further amend said article by adding
thereto a new section, designated section thirteen, all relating to grievance procedures for education
and state employees; providing for mediation procedures; and authorizing arbitration and
establishing procedural rules therefor"; to the Committee on Education then the Judiciary.By Delegates Amores and Mahan:H. B. 2228 - "A Bill to amend and reenact section five, article one-a, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the
state election commission in cooperation with the secretary of state to study a method of conducting
primary and general elections by means of computer internet systems; and requiring the state election
commission report its findings to the Legislature"; to the Committee on the Judiciary.By Delegates Amores, Pino, Stemple, Varner, Webster and Webb:H. B. 2229 - "A Bill to amend and reenact section eight, article eleven, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to attempted crimes and increasing penalties therefor"; to the Committee on the JudiciaryBy Delegates Anderson and Manuel:H. B. 2230 - "A Bill to amend and reenact section twenty-three, article five, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing dental clinics in public schools; and exempting classroom teachers from providing dental
services"; to the Committee on Education then Finance.By Delegates Anderson and Manuel:H. B. 2231 - "A Bill to amend article four, chapter eighteen-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section seventeen-a, relating to providing certain rights to regional education service agencies
(RESA) employees"; to the Committee on Education then Finance.By Armstead, Overington and Webb:H. B. 2232 - "A Bill to amend and reenact sections two, three, four, ten and twelve, article
six-b, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to providing the homestead property tax exemption for all homeowners,
regardless of age or disability; continuing criminal penalties; and providing an effective date";By Delegates Azinger and Mezzatesta:H. B. 2233 - "A Bill to amend and reenact section two, article thirteen-a, chapter thirty-three
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to variable
premium adjustable life insurance policies with either fixed accounts or variable accounts; requiring
issuance of annual statements including information related to the length of time a policy will remain in force, with or without the payment of premiums, under specific circumstances related to
certain rates of return from any existing principal amount accumulated for investment purposes
under the policy"; to the Committee on Banking and Insurance then the Judiciary.By Delegates Azinger, R. M. Thompson, Stalnaker and Amores:H. B. 2234 - "A Bill to amend and reenact section twenty-seven, article five, chapter
sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to providing the offense of intimidating a judge or magistrate is also applicable to times when the
judge or magistrate are off duty"; to the Committee on the Judiciary.By Delegates Beach and Perry:H. B. 2235 - "A Bill to amend article six, chapter twenty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section fourteen, relating to local emergency telephone systems; providing for the establishment of
local policies for the receiving of emergency police, fire, medical and other alarms, and the method
of alarms; and establishing penalties for excessive false alarms"; to the Committee on Political
Subdivisions then the Judiciary.By Delegates Beach, Shaver and Perry:H. B. 2236 - "A Bill to amend article three, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section four, relating to amending the waste tire remediation environmental clean-up rules by
providing that certain tire remediation revenues are remitted to the county solid waste authorities on
an annual basis, based on the population of each county to be used exclusively for the activities
conducted by each county solid waste authority; requiring each county solid waste authority to provide documentation verifying that funds received were used prior to the disbursement of
additional revenues; and, requiring that the necessary documentation include the number of tires
collected in the county since the funds were disbursed to the county solid waste authority, and what
amount, if any, of remaining revenues exist and have been carried over to the next fiscal year"; to
the Committee on the Judiciary then Finance.By Delegates Beane, Azinger, Anderson, Border and Ellem:H. B. 2237 - "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 Wood County"; to the Committee on the Judiciary then Finance.By Delegates Boggs, Warner, R. M. Thompson, Canterbury, R. Thompson and Coleman:
H. B. 2238 - "A Bill to amend and reenact section one-b, article three, chapter twenty-four
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
increasing public safety by requiring a certified railroad locomotive engineer to be in direct control
of the train or locomotive movement"; to the Committee on Roads and Transportation then the
Judiciary.By Delegates Boggs and Kuhn:H. B. 2239 - "A Bill to amend and reenact sections two and four, article sixteen, chapter
forty-seven 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 six, all relating to
requiring collection agencies to be registered by the secretary of state; requiring the secretary of state
to promulgate rules governing collection agencies; requiring collection agencies to identify themselves and to provide their registration numbers with the secretary of state's office when calling
debtors; and requiring collection agencies to maintain telephone access for persons who desire to
contact them"; to the Committee on the Judiciary.By Delegates Boggs and Yeager:H. B. 2240 - "A Bill to amend and reenact sections thirty, thirty-three and thirty-four, article
two, chapter twenty 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 thirty-four-a,
all relating to providing an opportunity for persons purchasing or renewing hunting or fishing
licenses to donate to the "Hunters Helping the Hungry program"; requiring every application for
hunting and fishing licenses to contain a provision notifying the applicant of the option to donate to
the program; authorizing the collection of donations by issuing authorities; and requiring donations
be deposited in a special account to be used exclusively to support the program, including the
payment of fees related to the butchering of game carcasses"; to the Committee on Agriculture and
Natural Resources then Finance.By Delegates Cann, Kuhn, Kominar and Coleman:H. B. 2241 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen-h,
relating to providing a business and occupation tax credit to electric power generators for use of coal
mined in West Virginia by 'small mining operations'"; to the Committee on Finance.By Delegates Canterbury, Campbell, Amores and Ellem:H. B. 2242 - "A Bill to amend article one, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-eight, relating to requiring state agencies to implement activity-based costing to review their
procedures in issuing approvals; requiring reports; and allowing the adjustment of fees"; to the
Committee on Government Organization then Finance.By Delegates Canterbury, Campbell, Amores and Ellem:H. B. 2243 - "A Bill to amend chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article one-e, relating
to the creation of an information network commission to provide a self-funding electronic network
for access to public information"; to the Committee on Government Organization then Finance.By Delegates Canterbury, Evans and Romine:H. B. 2244 - "A Bill to amend and reenact section fifteen, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing the
owner or lessee of lands to sell a crop damage permit to another person which would allow that
person to kill a deer, or other wildlife for which the permit is issued, on the lands of the owner or
lessee"; to the Committee on Agriculture and Natural Resources then the Judiciary.By Delegates Canterbury, Williams, Louisos, Beach and Swartzmiller:
H. B. 2245 - "A Bill to amend and reenact section nine, article two, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to education;
required courses of school instruction generally; expanding required study to include founding
American historical documents; directing the sequence in which certain topics of instruction may
be delivered; and increasing to fifty dollars the misdemeanor penalty for violating the provisions of
the section"; to the Committee on Education then the Judiciary.By Delegates Caputo, Evans and Manchin:H. B. 2246 - "A Bill to amend and reenact section thirteen, article ten, chapter eighteen-b
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing that a governing board of a state institution of higher education may not require a student
to reside in a dormitory at that institution if the student has completed thirty or more credit hours of
course work from any accredited college or university; prohibiting a governing board from requiring
dormitory students at that institution to purchase cafeteria meal plan; and requiring a governing
board to provide meal plan options at that institutions's cafeterias"; to the Committee on Education
then Finance.By Delegates Caputo and Manchin:H. B. 2247 - "A Bill to amend and reenact section three, article nine, chapter nine of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to excluding as income
of a student parent the loan proceeds and grant moneys received by the parent for education"; to the
Committee on Finance.By Delegates Caputo and Manchin:H. B. 2248 - "A Bill to amend chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-b,
relating to requiring the spaying or neutering of certain dogs and cats; and penalty for
noncompliance"; to the Committee on the Judiciary.By Delegates Caputo and Manchin:H. B. 2249 - "A Bill to amend and reenact section twenty-five, article two, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West
Virginia secondary school activities commission; and requiring rules to provide for use of neck braces by football players"; to the Committee on Education.By Delegates Caputo and Manchin:H. B. 2250 - "A Bill to amend and reenact section thirteen, article two, chapter eighteen-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
mandating guidelines for full-day and half-day cooks at schools"; to the Committee on Education
then Finance.By Delegates Caputo and Manchin:H. B. 2251 - "A Bill to amend and reenact section twenty-seven, article one-a, chapter
twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and
to amend and reenact sections ten and eleven, article six of said chapter, all relating to changing the
amount a person can earn while receiving unemployment compensation benefits, without it changing
the benefits received, from sixty dollars a week to forty percent of the person's weekly benefit rate";
to the Committee on the Judiciary then Finance.By Delegates Caputo, Manuel, Yeager and R. Thompson:H. B. 2252 - "A Bill to amend and reenact section twenty-two, article ten, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to retirement
annuity of public employees and retirants; and increasing the multiplier"; to the Committee on
Pensions and Retirement then Finance.By Delegates Caputo and Poling:H. B. 2253 - "A Bill to amend and reenact section ten, article twenty-one, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the earned
income exclusion for personal income tax purposes; allowing the deduction to be in the amount of the poverty guidelines updated annually by the United States department of health and human
services; and excluding amounts of unemployment compensation, workers' compensation, social
security and similar benefits in determining earned income"; to the Committee on Finance.By Delegates Caputo, Stalnaker, Manchin, Shaver, Perdue, Kuhn and Coleman:
H. B. 2254 - "A Bill to amend and reenact section eighteen, article five, chapter twenty of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to making the
fifty percent discount on campground rental fees at state parks for West Virginia citizens sixty-two
years of age or older available year-round"; to the Committee on Agriculture and Natural Resources
then Finance.By Delegates Caputo, Staton, Perdue, Tucker, Webster, Stalnaker and Manchin:
H. B. 2255 - "A Bill to amend and reenact section twenty-seven, article twenty, chapter
thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to the regional jail and correctional facility authority; correctional officers employed by the authority
at regional jails and the northern regional jail and correctional facility; and civil service coverage of
same"; to the Committee on the Judiciary.By Delegates Coleman, Caputo, R. Thompson, Perdue and Mezzatesta:
H. B. 2256 - "A Bill to amend and reenact section eight, article four, chapter eighteen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring
that transportation supervisors possess certain driving experience"; to the Committee on Education.By Delegates DeLong and Caputo:H. B. 2257 - "A Bill to amend article thirteen-a, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-f, relating to the imposition of an additional privilege tax on the severance of natural
resources to create and fund the West Virginia education excellence fund"; to the Committee on
Education then Finance.By Delegates Evans, Canterbury, Romine, Azinger, Smirl, Stalnaker and Manchin:
H. B. 2258 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
exempting military retirement income from West Virginia personal income tax on qualified persons
who are age sixty-five or older"; to the Committee on Pensions and Retirement then Finance.By Delegates Fleischauer, Beach and Poling:H. B. 2259 - "A Bill to amend and reenact section twelve, article fourteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
the civil service commission to increase the maximum age of applicants"; to the Committee on
Political Subdivisions then the Judiciary.By Delegates Fleischauer, Butcher, Caputo and Tucker:H. B. 2260 - "A Bill to amend chapter eighteen-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article eight,
relating to the public school employment relations act; stating legislative policy and purpose;
defining certain terms; establishing a West Virginia public school employment relations board;
providing for the composition of the board, the terms of its members, and the qualifications of the
members; providing for the terms of the original appointees and the method of filling vacancies;
limiting eligibility of board members for reappointment; requiring an oath of office and establishing
a method of removal of board members; establishing procedural rules for meetings and requiring a quorum; providing for the payment of per diem and expenses for attendance by board members;
providing for the organization of the board, the powers and duties of the board, the employment of
staff and the location of offices; granting authority to the board to promulgate rules; defining
employee and employer rights; providing for the election of exclusive representatives by public
school employees; establishing criteria for determining the appropriateness of an employee unit for
purposes of collective bargaining; establishing procedures for representation elections and
decertification of certified representatives; establishing the scope of bargaining subjects as to which
agreement may be reached; providing for written agreements; providing that all written agreements
involving costs are subject to appropriations by the appropriate legislative or governing body;
limiting the duration of agreements to three years; providing for mediation and arbitration to resolve
impasses in bargaining; prohibiting strikes by public school employees; providing remedies for
prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair
share fee payments and protections for fee payors; requiring financial reports, public records and lists
of employee organizations and exclusive representatives; and setting forth when the article shall take
precedence and when it shall be inoperative"; to the Committee on Education then Finance.By Delegates Fleischauer, Fragale, Beach, Warner and Caputo:H. B. 2261 - "A Bill to amend chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-d,
relating to establishing the 'Citizens in support of promotion of pet neutering and spaying programs
checkoff programs'; creating a voluntary checkoff on income tax returns to obtain donations from
taxpayers to fund program; providing that the commissioner of the state tax department administers
the program; creating a special revenue account with the state treasury for funds received under the program to be deposited; and, requiring the commissioner of the state tax department to propose
legislative rules to implement the program"; to the Committee on Finance.By Delegates Fleischauer, Manuel, Amores and Smirl:H. B. 2262 - "A Bill to amend and reenact sections four and twelve, article seven, chapter
sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating
to requiring the alcohol beverage control commissioner to propose legislative rules designed to
define and distinguish between establishments whose gross business receipts for food consumed on
the premises are less than sixty percent relative to sales of alcoholic beverages for consumption on
the premises and those whose gross receipts are greater than sixty percent; prohibiting persons under
the age of twenty-one from entering establishments whose gross receipts for food consumed on the
premises are less than sixty percent relative to sales of alcohol; and subjecting licensees to a criminal
penalty for allowing under-aged persons on their premises in violation of the prohibition prescribed
by the law"; to the Committee on the Judiciary.By Delegates Fleischauer, R. Thompson, Evans and Hatfield:H. B. 2263 - "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 five-u,
relating to creating the 'West Virginia Prescription Drug Fair Pricing Act'; 'Rx Program'
established; secretary of the department of health and human resources directed to negotiate on
behalf of uninsured to obtain rebates from drug companies and discounts from retail pharmacies; and
rules"; to the Committee on Government Organization then Finance.By Mr. Speaker, Mr. Kiss, and Delegate Trump[By Request of the Executive]:H. B. 2264 - "A Bill to amend and reenact sections four, five, ten, eleven, thirteen, thirteen-
b, sixteen, twenty-eight, article twenty-three, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact sections one, two, three, four,
five, six, seven, eight, nineteen, and twenty-six, article twenty-two, chapter twenty-nine of said code;
to amend article twenty-two-a of said chapter, by adding thereto a new section, designated section
three-a; to amend and reenact sections three hundred six and three hundred eight, article twenty-two-
b of said chapter; to further amend said article twenty-two-b by adding thereto a new section,
designated section three hundred thirty-five; to amend article twenty-five of said chapter by adding
thereto a new section, designated section two-a; to amend article twenty, chapter forty-seven of said
code by adding thereto two new sections, designated sections one-a and one-b; to amend article
twenty-one of said chapter by adding thereto two new sections, designated sections one-a and one-b;
and to amend article twenty-three of said chapter by adding thereto two new sections, designated
sections one-a and one-b, all relating generally to gaming, including horse and dog racing, pari-
mutuel wagering, lottery, racetrack video lottery, limited video lottery, authorized gaming facility,
charitable bingo, charitable raffles and charitable raffle boards and games; renaming lottery
commission as state gaming commission; abolishing racing commission and transferring powers and
duties to state gaming commission; transferring powers and duties of tax commissioner as to
charitable bingo and raffles and charitable raffle boards and games to state gaming commission;
making substantive changes necessary to effectuate all these changes; and specifying effective
dates"; to the Committee on the Judiciary.By Delegates Martin, Hrutkay, Kuhn, Fragale, R. Thompson and Caputo:
H. B. 2265 - "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 forty-two,
relating to creating a genetic information privacy act; providing for the confidentiality of genetic
information; prohibiting the use of genetic test information for certain insurance purposes; allowing
the use of genetic test information in paternity proceedings; addressing the use of genetic test
information by employers; prohibiting employers from using the results of genetic testing to deny
applicants, employees and former employees certain benefits; specifying procedures for disclosure
of genetic test information; and providing for a right of action and damages for violations"; to the
Committee on Health and Human Resources then the Judiciary.By Delegates Mezzatesta and Stemple: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 full-time state
fire marshals within the definition of criminal justice enforcement personnel for the purpose of
authorizing the state fire marshal and full-time fire marshals to cooperate with and assist other
law-enforcement agencies"; to the Committee on Veterans Affairs and Homeland Security then the
Judiciary.By Delegates Mezzatesta, Stemple, Williams, Shaver, Frederick and Cann:
H. B. 2267 - "A Bill to amend article two, chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
fourteen, relating to requiring the West Virginia development office to report on international trade
in West Virginia and how preferential trade status given to other countries affects industries within
West Virginia; and requiring recommendations concerning actions the Legislature may take to improve the chances of survival of West Virginia industries"; to the Committee on Industry and
Labor, Economic Development and Small Business then Government Organization.By Delegates Paxton, Susman, Poling, Perry and Beach:H. B. 2268 - "A Bill to amend and reenact section two, article four, chapter eighteen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said
article four by adding thereto a new section, designated section six, all relating to providing priority
in selection for Underwood-Smith scholarships to qualified applicants with the highest academic
abilities who intend to pursue careers in areas of critical need and shortage; providing legislative
findings and intent for establishing special Underwood-Smith provisions for scholarships for
teachers affected by reduction in force; providing separate eligibility requirements; providing for
modified scholarship agreement; limiting amount of scholarship appropriations that may be
expended for special program; requiring implementation of programs, course work and delivery
methods to facilitate access to teacher preparation, continuing education and professional
development; and requiring collaboration with workforce development office on other potential
sources of funds to assist professional educators affected by reduction in force to gain additional
certification in areas of critical need and shortage"; to the Committee on Education.By Delegates Perdue and Paxton:H. B. 2269 - "A Bill to amend and reenact section twenty-two, article five, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school
nurses and school psychologists generally and requiring that there be at least one school nurse and
one school psychologist per one thousand students"; to the Committee on Education then Finance.By Delegates Perry, Martin, Hrutkay and Poling:H. B. 2270 - "A Bill to amend and reenact section twenty-five, article twenty-two, chapter
eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
increasing retirement pensions for police and firefighters; to the Committee on Pensions and
Retirement then Finance.By Delegates Perry and Paxton:H. B. 2271 - "A Bill to amend and reenact sections four and five, article nine-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating
to increasing the foundation allowances for professional educators to fifty-five and service personnel
to thirty-seven for each one thousand students"; to the Committee on Education then Finance.By Delegates Pino, Cann and Canterbury:H. B. 2272 - "A Bill to amend chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-one,
relating to exempting start-up businesses founded by West Virginia college or university graduates
from various state, county and municipal taxes for the first three years of operation"; to the
Committee on Political Subdivisions then Finance.By Delegates Proudfoot, Warner, Kominar and Shelton:H. B. 2273 - "A Bill to amend and reenact section seven, article two-a, chapter seventeen-d
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing that when a person's commercial driver's license is suspended for failure to have the
required security in effect, such as an insurance policy, on a personal motor vehicle used solely for
noncommercial purposes, that person may continue to operate a commercial vehicle under certain
circumstances"; to the Committee on Roads and Transportation then the Judiciary.By Delegate Shaver:H. B. 2274 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen-t,
relating to authorizing county commissions to impose a recreation and amusement tax; tax subject
to approval by voters; legislative findings; amount of tax; calculation of tax; taxable events, fees,
services and sales; accounting and reporting by vendor; exempted fees, services and sales; collection
and record keeping by county sheriffs; and dedication of funds"; to the Committee on Political
Subdivisions then Finance.By Delegates Shaver, Paxton, Williams, Kuhn and Perry:H. B. 2275 - "A Bill to amend article five-a, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section seven, relating to the county board selecting a student assistance team chairperson prior to
the beginning of each school year"; to the Committee on Education then Finance.By Delegates Smirl, Paxton, Trump and Faircloth:H. B. 2276 - "A Bill to amend article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
forty-six-n, relating to creating a special license to permit resident disabled persons to hunt with a
crossbow"; to the Committee on Agriculture and Natural Resources then Finance.By Delegates Spencer, Hatfield, Webster, Brown and Webb:H. B. 2277 - "A Bill to amend and reenact section one, article three, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to restricting
increased assessments on real property to no more than five percent in any one year; and providing that if the increase is as much as fifteen percent for the year, it is to be phased in over a three-year
period"; to the Committee on the Judiciary then Finance.By Delegates Spencer, Mezzatesta, Michael and Fleischauer:H. B. 2278 - "A Bill to amend article five, chapter eighteen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nine, relating to the reimbursement to institutions of higher education of qualifying
noncapital expenditures incurred in the provision of services to students with physical, learning, or
severe sensory disabilities; requiring that any funds allocated under this section be disbursed
according to a formula to be developed by the higher education policy commission; providing the
parameters which shall be used in the development of the aforementioned reimbursement formula;
and requiring that the disbursement of any funds allocated under this section be on a pro rata basis
to be determined by the ratio of the qualifying audited expenses submitted for consideration for
reimbursement to the total amount authorized and appropriated for reimbursement purposes
consistent with this section"; to the Committee on Education then Finance.By Delegates Stalnaker and Williams:H. B. 2279 - "A Bill to amend and reenact section one, article two, chapter fifty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to conferring on
magistrates the authority to perform marriages; and allowing magistrates to charge up to fifty dollars
for performing a marriage"; to the Committee on the Judiciary.By Delegates Stalnaker and Williams:H. B. 2280 - "A Bill to amend article ten, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two-h; and to amend article seven-a, chapter eighteen of said code, by adding thereto a new
section, designated section twenty-six-t, all relating to increasing retirement benefits for teachers and
public employees by fifty dollars a month"; to the Committee on Pensions and Retirement then
Finance.By Delegates Stalnaker, Williams, Mezzatesta, H. White and Varner:
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"; to the Committee on Pensions and Retirement
then Finance.By Delegates Stemple, Coleman and Williams:H. B. 2282 - "A Bill to amend and reenact section thirteen, article one, chapter fifty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to payment to
magistrates who serve temporarily outside their elected counties"; to the Committee on the Judiciary
then Finance.By Delegates Stemple, Coleman, Williams and Shelton:H. B. 2283 - "A Bill to amend and reenact section eight, article fourteen, chapter seven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing
for lateral transfers for deputy sheriffs"; to the Committee on Political Subdivisions then the
Judiciary.By Delegates Stemple and Shelton:H. B. 2284 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-h,
relating to providing a special method for appraising certain charitable property that is leased for
profit; requiring certification by the tax commissioner; and providing an appeal process"; to the
Committee on the Judiciary then Finance.By Delegates Stemple, Varner and Yeager:H. B. 2285 - "A Bill to amend and reenact sections thirty-six and thirty-seven, article two,
chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to requiring licensees of hunting and fishing licenses to carry and exhibit for inspection proof
of identity and all documents applicable to the nature and location of the licensees' regulated
activities"; to the Committee on Agriculture and Natural Resources then the Judiciary.By Delegates Swartzmiller, DeLong and Stemple:H. B. 2286 - "A Bill to amend and reenact section seventeen-a, article fourteen, chapter
seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
increasing the accrual rate of vacation time for deputy sheriffs with twenty and twenty-five years of
service and increasing from thirty to forty-five days the number of vacation days a deputy sheriff may
carry from one calendar year to the next"; to the Committee on Political Subdivisions then Finance.By Delegate R. Thompson:H. B. 2287 - "A Bill to amend and reenact section five, article twenty-nine, chapter thirty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring
chiefs of police of Class IV towns and villages to meet certain law-enforcement training certification
requirements"; to the Committee on Political Subdivisions then Finance.By Delegates R. Thompson and Perdue:H. B. 2288 - "A Bill to amend and reenact section five, article six, chapter eight of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to municipal boundary
adjustments for municipalities located in more than one county"; to the Committee on Political
Subdivisions then the Judiciary.By Delegates Walters, Hall, Armstead and Overington:H. B. 2289 - "A Bill to amend article ten, chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section thirty-two, relating generally to crimes; making it a misdemeanor offense for any employee
of the department of health and human resources to expend, in any way, the resources of the division
in aid of abortion; penalty"; to the Committee on Health and Human Resources then the Judiciary.By Delegates Walters, Poling, Boggs, Ashley and Paxton:H. B. 2290 - "A Bill to amend article one, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
one-b, relating to the economic fairness act of two thousand three; and requiring the tax
commissioner to refund to the five counties with the highest unemployment, twenty percent of the
personal income tax collected"; to the Committee on Industry and Labor, Economic Development
and Small Business then Finance.By Delegates Walters and Schadler:H. B. 2291 - "A Bill to amend article eight, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
fourteen, relating to requiring persons incarcerated in county or regional jails to pay for the costs of
incarceration for the first five days, and providing for reimbursement of same when the person so incarcerated is ultimately acquitted of the charges that resulted in the incarceration"; to the
Committee on the Judiciary then Finance.By Delegates Walters and Webb:H. B. 2292 - "A Bill to amend and reenact section twenty, article one, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reports to the
governor from officers of the executive departments and state institutions; requiring all state officers,
boards, commissions, departments and institutions to report to the governor, speaker of the House
and president of the Senate; notice of disallowance or potential disallowance of federal funds"; to
the Committee on Government Organization then Finance.By Delegates Walters, Webb and Armstead:H. B. 2293 - "A Bill to amend article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section twelve-f, relating to exempting students attending state colleges or universities
in undergraduate programs and graduates of undergraduate programs of state institutions of higher
learning for the first two tax years post-graduation from the payment of state income tax; providing
that students attending state institutions and enrolled in undergraduate programs and undergraduate
graduates of state institutions for the first two years after graduating shall pay seventy-five percent
of any state income tax that they otherwise would owe to the particular institution or other corporate
creditor from which the student or graduate obtained student loans to attend the state institution of
higher learning"; to the Committee on Education then Finance.By Delegates Walters, Webb and Armstead:H. B. 2294 - "A Bill to amend and reenact section nineteen, article sixteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
misrepresentation of age and use of false identification to purchase alcoholic liquor, nonintoxicating
beer or tobacco products; requiring establishments to post signs warning of the penalty for use of
false identification; and criminal penalties"; to the Committee on the Judiciary.By Delegate Warner:H. B. 2295 - "A Bill to amend and reenact section six, article three, chapter seventeen-b of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to suspension
of the driver's license of a student who fails to maintain a minimum grade point average of 1.0"; to
the Committee on Education then the Judiciary.By Delegates Webb and Amores:H. B. 2296 - "A Bill to repeal section seventeen, article two, chapter sixty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the crime involving
public conveyances, of keeping the doors locked while a motor vehicle is in motion"; to the
Committee on the Judiciary.By Delegates Webb and Amores:H. B. 2297 - "A Bill to repeal section fifteen, article eight, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating to the criminal offense
of profane swearing and drunkenness in public"; to the Committee on the Judiciary.By Delegates Webb and Armstead:H. B. 2298 - "A Bill to repeal article twenty-five, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to authorized gaming"; to the
Committee on the Judiciary.By Delegates Webster, Spencer, Brown and Hatfield:H. B. 2299 - "A Bill to amend and reenact section one, article thirteen, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing
the name of West Virginia State College to West Virginia State University"; to the Committee on
Education the Finance.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 it do pass), which was read
by its title, as follows:H. B. 2300 - "A Bill to amend and reenact sections five and five-c, article two-e, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to the process for improving education; reorganizing subsections and refining intent; modifying
elements of the system of education performance audits; providing for annual performance measures
and specifying their use; specifying uses of other information from system of education performance
audits; creating education performance audit panel and providing for organization and membership;
placing powers and duties of office of education performance audits under panel and providing
additional duties; modifying content of school and county unified improvement plans and
requirements for revision; requiring electronic boilerplate for unified school improvement plans;
revising on-site performance audit process and requirements; modifying period for maintaining
accreditation and approval when certain deficiencies noted; clarifying process for giving seriously
impaired status; providing transfer rights for replaced principals; modifying authorization to transfer
from seriously impaired school; and adding specification to notice required of state board to process
for improving education council."Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2300) will be placed on the Consent
Calendar.The following bills on third reading, coming up in regular order, were each read a third time:Com. Sub. for H. B. 2051, Expanding the eligibility of part-time students for higher
education adult part-time student grants,Com. Sub. for H. B. 2077, Removing the requirement that the Joint Committee on
Government and Finance be given reports on the Colin Anderson closure and relocation of patients,And,Com. Sub. for H. B. 2082, Relating to the higher education policy commission.On the passage of the bills, the yeas and nays were taken (Roll No. 4), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:Absent And Not Voting: Coleman, Leach and Thompson, R. M.So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2051, Com. Sub. for H. B. 2077 and Com. Sub. for H. B.
2082) passed.Delegate Staton moved that Com. Sub. for H. B. 2051 take effect July 1, 2003.On this question, the yeas and nays were taken (Roll No. 5), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:Absent And Not Voting: Coleman and Leach.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. 2051) takes effect July 1, 2003.Delegate Staton moved that Com. Sub. for H. B. 2082 take effect July 1, 2003.On this question, the yeas and nays were taken (Roll No. 6), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:Absent And Not Voting: Coleman and Leach.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. 2082) takes effect July 1, 2003.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence therein.Com. Sub. for H. B. 2052, Including nationally accredited institutions in the definition of
"eligible institution" for purposes of the in-state excellence scholarship program; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.Com. Sub. for H. B. 2120, Relating to workers' compensation generally; on second reading,
coming up in regular order, was read a second time.At the request of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B.
2120) was advanced to third reading and the rule was suspended to permit amendment thereof on
third reading. Com. Sub. for H. B. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefore; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.Com. Sub. for H. B. 2122, Relating to medical professional liability generally; on second
reading, coming up in regular order, was read a second time.At the request of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B.
2122) was advanced to third reading and the rule was suspended to permit amendment thereof on
third reading.H. B. 2224, Relating to higher education reorganization; on second reading, coming up in
regular order, was read a second time.Delegates Boggs, Stemple, Ashley and Leggett moved to amend the bill on page five, section
ten, line sixty, following the word "institution" by inserting a colon and the following: "Provided,
That no institution whose main campus is located no closer than fifty highway miles of the main
campus of any other institution shall be merged, closed or privatized without subsequent legislative
action."The question being on the adoption of the amendment, the same was put and did not prevail.H. B. 2224 was then ordered to engrossment and third reading.Delegates Boggs, Caputo, Cann, Stalnaker and Stemple requested that the Clerk record them
as voting "Yea" on the adoption of the foregoing amendment.At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Coleman and Leach.Delegate Perdue asked and obtained unanimous consent that the remarks of Delegates
Stemple, Boggs and Ashley, regarding the amendment on H. B. 2224, be printed in the Appendix
to the Journal.At 11:38 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Thursday, January 16, 2003.