__________*__________
Monday, January 20, 2003
The House of Delegates met at 1:00 p.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 Friday, January 17, 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 permit invited
guests privileges of the floor in observance of Martin Luther King, Jr. Day and Veterans Disability
Day at the House of Delegates
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
proceeded to the seventh order of business for the purpose of introducing a resolution.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger, Beach,
Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury,
Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth,
Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leggett, Long, Louisos, Mahan, Manchin, Manuel,
Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino,
Poling, Proudfoot, Renner, Romine, Schadler, Shoen, Shaver, Shelton, Smirl, Sobonya, Spencer,
Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M.
Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White,
Williams, Wright, Yeager and Yost offered the following resolution, which was read by the Clerk,
as follows:
H. R. 8
- "
Recognizing the heroic service of America's veterans and designating Monday,
January 20, 2003, as 'Veterans Visibility Day' at the House of Delegates."
W
HEREAS
, From the Revolutionary War to recent struggles, America's men and women have
continued to rise beyond the call of duty in order to both preserve the freedom of the United States
and to help maintain sovereignty throughout the world; and
W
HEREAS
, Of the 25 million veterans currently alive, nearly three of every four veterans have
served during a war or an official period of hostility - - about a quarter of the nation's population;
and
W
HEREAS
, Per capita, more citizens from West Virginia have served in our nation's armed
forces than from any other state in the union; and
W
HEREAS
, Through wars, conflicts and the threat of terror, thousands of West Virginians
have paid the ultimate price for freedom with their lives with thousands more brave West Virginians
being wounded in battle; and
W
HEREAS
, This legislative body is proud to honor and pay homage to those West Virginian
veterans who have served, and those who are currently serving, in harms way to protect American democracy from the threat of terror; and
W
HEREAS
, This legislative body wishes to convey its gratitude and recognition to those brave
West Virginians who have faced the opposition, been wounded and even given their lives in the
name of freedom; and
W
HEREAS
, All veterans deserve our thanks and praise for their selfless sacrifices, service and
dedication. The significance of what these men and women of the armed forces have provided to the
citizens of this Nation should never be understated; and
W
HEREAS
, This legislative body is proud to espouse the goal set for us by President John F.
Kennedy who said, "Our goal is not the victory of might, but the vindication of right; not peace at
the expense of freedom, but both peace and freedom, here in this hemisphere, and around the world.
God willing that goal will be achieved;" therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the heroic service of America's veterans and
designates Monday, January 20, 2003, as "Veterans Visibility Day" at the House of Delegates; and,
be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the West Virginia Division of Veterans Affairs.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 8) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 7, Amending the rules of the House of Delegates by adding Rule 66a, relating to
limiting action on all pending bills after the fiftieth day;
And reports the same back with the recommendation that it be rejected.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Alcohol Beverage
Control Commission, in accordance with section twenty, article one, chapter five of the code; which
was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia National Guard, in
accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Respiratory
Care, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of
Chiropractic, in accordance with section five, article sixteen, 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 Board of Dental
Examiners, in accordance with article four, chapter thirty of the code; which was filed in the Clerk's
Office.
Resolutions Introduced
Delegates Leach, Morgan and Craig offered the following resolution, which was read by its
title and referred to the Committee on Rules:
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'."
Whereas, James Vincent Owens a retired soil specialist with the Corps of Engineers
presented a suggestion to the Enslow Park Neighborhood Association for the Kinetic Park in
Huntington that would eliminate the culverts at the park. The original plans contemplated an
entrance into Kinetic Park in the form of an earthen embankment across the creek with culverts
through it to allow for control of the water flow. The main road into the park would be constructed
across this embankment. Jim Owens expressed concern that if the culverts were to be clogged as
blocked, water would build up behind the wall and over the top of the embankment with significant
pressure on the embankment that could lead to failure and collapse with the potential of a flood of
water in the Enslow Park neighborhood resulting in serious damage and potential loss of life. As
an alternative to the original plan, Jim Owens suggested the construction of a bridge, which was
considered a better approach and was approved; and
Whereas, James Vincent Owens died during the planning and development stages of the
Kinetic Park project, after the Mayor of Huntington and the State approved the concept set forth by
Mr. Owens and funding for the bridge was approved and the state committed moneys for
construction; and
Whereas, The new bridge at Route 10 on County Route 10/20 at the Huntington Business
and Industrial Park in Cabell County is unnamed; and
Whereas, The families and residents of this area desire that this bridge be officially
recognized as the "James Vincent Owens Bridge" in honor of his contributions to his community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name the
bridge Route 10 on County Route 10/20 at the Huntington Business and Industrial Park in Cabell
County, West Virginia, the "James Vincent Owens Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at
either end of this bridge which designates the bridge as the "James Vincent Owens"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of
Highways, and the West Virginia State Historic Preservation Office.
On motions for leave, Joint Resolutions were introduced, read by their titles and referred as
follows:
By Delegates Doyle, Michael and Hall:
H. J. R. 5 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section fourteen, article VII thereof, relating to creating a veto session of Legislature to
consider bills vetoed by the Governor; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed amendment"; to the Committee
on Constitutional Revision then the Judiciary.
By Delegates Ennis, Manchin, Shelton, Evans and Faircloth:
H. J. R. 6 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section three, article six thereof, relating to increasing the terms of members of the House
of Delegates from two to four years; and increasing the terms of members of the State Senate from four to six years; numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment"; to the Committee on
Constitutional Revision then the Judiciary.
And,
By Delegate Louisos:
H. J. R. 7 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one, article six thereof; amending section two, article fourteen thereof; and further
amending said Constitution by adding a new article, designated article fifteen, all relating to the
legislative powers held by the people of the State and the Legislature; the power of the registered
voters and the power of the Legislature to propose amendments to this Constitution; and the
reservation by and to the people and registered voters of this State the powers of initiative,
referendum, and recall at all levels of government in this State; numbering and designating such
proposed amendment; and providing a summarized statement of the purpose of such proposed
amendment"; to the Committee on Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Beane:
H. B. 2403 - "A Bill to amend article five, chapter nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
fifteen-a, relating to the medicaid preferred drug list; setting forth legislative findings; providing for
clinical integrity of the preferred drug list; providing coverage for new prescription drugs; and providing for patient continuity of care"; to the Committee on Health and Human Resources then
Finance.
By Delegate Boggs:
H. B. 2404 - "A Bill to amend article one, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
nine-c, relating to requiring the director of the division of health to create a program to provide
matching grants of funds to public service districts or units of local government to assist residents
in providing water service; and creating local water grant fund"; to the Committee on Government
Organization then Finance.
By Delegates Craig and Morgan:
H. B. 2405 - "A Bill to amend and reenact sections one, two and three, chapter two hundred
thirty-two, acts of the Legislature, regular session, one thousand nine hundred ninety-seven, all
relating to expanding the counties covered by West Virginia Route 2 and Interstate 68 authority to
include Cabell, Mason and Jackson and increasing the number of members"; to the Committee on
Government Organization.
By Delegates Doyle, Amores and Manuel:
H. B. 2406 - "A Bill to amend article seven, chapter fifty-five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new
s
ection, designated
section sixteen, relating to immunity from civil liability for members of a national ski patrol system
under certain circumstances; and defining terms"; to the Committee on the Judiciary.
By Delegates Doyle and Manuel:
H. B. 2407 - "A Bill to amend article six, 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 eleven, relating to general consumer protection; and electronic scanners and
shelf prices"; to the Committee on the Judiciary.
By Delegates Doyle and Manuel:
H. B. 2408 - "A Bill to amend and reenact section fifty, article twenty-four, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to planning
and zoning; removing exemption from certain provisions for mining and manufacturing activities
and uses"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Doyle, Manuel, Trump, Faircloth and Overington:
H. B. 2409 - "A Bill to amend article five, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
six, relating to salary increases for state employees based upon residential housing costs"; to the
Committee on Finance.
By Delegate Faircloth:
H. B. 2410 - "A Bill to amend and reenact sections ten and thirteen, article twenty-three,
chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to horse and dog racing generally; providing certain requirements one must meet to claim
status as a resident owner of accredited West Virginia whelped greyhounds; clarifying how the
disposition of unredeemed pari-mutuel tickets from horse and dog racetracks is to proceed; providing
that unredeemed pari-mutuel tickets at horse tracks shall be used to supplement breeders, owners,
sires, thoroughbred development funds and purse money for West Virginia bred or sired horses;
increasing the amounts transferred to the greyhound breeding development fund; and increasing the amount transferred for stakes races for West Virginia bred greyhounds at dog racetracks"; to the
Committee on the Judiciary then Finance.
By Delegate Faircloth:
H. B. 2411 - "A Bill to amend chapter fifty-five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article seven-e,
relating to allowing persons to defend valuable property with deadly force; and providing for
immunity from civil and criminal liability"; to the Committee on the Judiciary.
By Delegates Faircloth and Evans:
H. B. 2412 - "A Bill to amend and reenact section three, article twenty-seven, chapter thirty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
establishing minimum standards for licensure of barbers schooled and graduated in another state";
to the Committee on Government Organization.
By Delegates Faircloth and Trump:
H. B. 2413 - A Bill to amend article nine-d, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty, relating to mandating the school building authority to request an appropriation for
school construction and improvements in growth counties"; to the Committee on Education then
Finance.
By Delegates Faircloth and Manuel:
H. B. 2414 - "A Bill to amend and reenact section thirteen-b, article twenty-three, chapter
nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to the thoroughbred breeders association; providing that all mares, be bred back to an accredited West Virginia stallion which is registered with the West Virginia thoroughbred breeders association;
providing that each pari-mutuel thoroughbred horse track provides at least one restricted race per
day; providing each restricted race consists of no less than six horses or betting interests at the time
of entry; providing that if there are fewer that six horses in the race, each horse shall be a separate
betting entity; changing existing criteria related to breeder requirements to qualify for the accredited
West Virginia accredited race fund; and providing West Virginia accredited thoroughbreds have
preference in all races at certain thoroughbred race tracks"; to the Committee on the Judiciary.
By Delegates Faircloth, Doyle, Trump, Mezzatesta and Manuel:
H. B. 2415 - "A Bill to amend and reenact section nine, article three, chapter eleven 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 nine-a; and to amend article twenty-one
of said chapter by adding thereto a new section, designated section twenty-a, all relating to
exempting from personal property tax fifty percent of the assessed value of one personal vehicle of
each member of a voluntary fire department or an emergency medical services agency used for
voluntary fire department or emergency medical services purposes; and providing for the chief of
the fire department and commissioner of the bureau of public health to furnish the assessor with a
list of members and mileage records; and granting these members a credit against state personal
income tax"; to the Committee on Finance.
By Delegates Faircloth, Trump and Smirl:
H. B. 2416 - "A Bill to amend and reenact sections five, thirty-nine, forty and forty-six-e,
article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend said article by adding thereto a new section, designated section forty-six-n, all relating to authorizing crossbow hunting for disabled persons; creating a new Class Q permit for
disabled persons; and removing the no fee provisions from applicable code sections"; to the
Committee on Agriculture and Natural Resources then Finance.
By Delegates Faircloth, G. White, Campbell and Canterbury:
H. B. 2417 - "A Bill to amend chapter four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating
to the creation of a joint legislative committee on technology"; to the Committee on Government
Organization then Finance.
By Delegate Fragale:
H. B. 2418 - "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 Fragale and Proudfoot:
H. B. 2419 - "A Bill to repeal section five, article two-b, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating to the vesting of title to
vocational education property in the state board of education"; to the Committee on the Judiciary.
By Delegates Fragale, Stalnaker and Evans:
H. B. 2420 - "A Bill to amend article four, chapter twenty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto three new sections,
designated sections twenty-six, twenty-seven and twenty-eight, all relating to cardiovascular injury
or disease or pulmonary disease suffered by a firefighter; cardiovascular injury or disease or pulmonary disease resulting in a firefighter's death; and presumption of occupational disease for
certain types of cancer for firefighters who have been exposed to toxic substances"; to the
Committee on the Judiciary then Finance.
By Delegates Fragale, Stalnaker and Martin:
H. B. 2421 - "A Bill to amend article four, 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-a, relating to providing that applications for farm use valuation must be filed with the county
assessor between the thirtieth day of June and first day of October of each year"; to the Committee
on the Judiciary then Finance.
By Delegate Louisos:
H. B. 2422 - "A Bill to amend and reenact sections one, two, three and four, article five,
chapter twenty-nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to contested cases under the administrative procedures act; and providing for
jury trials in certain cases"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 2423 - "A Bill to amend and reenact section thirty-four, article two, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
authorizing awarding high school diplomas to certain veterans; and authorizing the awarding of high
school diplomas posthumously to veterans"; to the Committee on Veterans Affairs and Homeland
Security then Education.
By Delegate Louisos:
H. B. 2424 - "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
twenty-three-g, relating to the creation of a New River and Gauley River citizens' board to help
resolve access issues to those rivers"; to the Committee on Government Organization then Finance.
By Delegate Louisos:
H. B. 2425 - "A Bill to amend and reenact section thirteen, article eight, chapter five-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
confidentiality of public records as to social security numbers or other personal and sensitive
information"; to the Committee on the Judiciary.
By Delegate Manuel:
H. B. 2426 - "A Bill to amend article two, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
thirty-seven, relating to requiring the state board of education to provide assistance to county boards
of education and their schools in addressing issues relating to cultural diversity, civil rights and
unlawful discrimination"; to the Committee on Education then Finance.
By Delegates Manuel and Doyle:
H. B. 2427 - "A Bill to repeal section four-a, article twelve, chapter eleven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections
two and seven, article nine-a, chapter sixteen of said code, all relating to the sale of tobacco
products; establishing retailers' licensing requirements; modifying tobacco sales penalties;
authorizing the alcohol beverage control administration to regulate and license retailers of tobacco
products; establishing license applications requirements and licensing fees; authorizing the alcohol
beverage control administration to propose legislative rules to implement this article; establishing annual permit and renewal requirements; providing licensing qualifications; and establishing a
misdemeanor offense and administrative penalty for retail sales without a license"; to the Committee
on the Judiciary then Finance.
By Delegates Manuel, Leach and Warner:
H. B. 2428 - "A Bill to amend and reenact section twenty-six, article fifteen, chapter
seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to authorizing the division of corrections, division of juvenile services and regional jail and
correctional facility authority vehicles to use blue flashing warning lights"; to the Committee on
Roads and Transportation then the Judiciary.
By Delegates Manuel, Doyle and Faircloth:
H. B. 2429 - "A Bill to amend and reenact section nine-a, article one, chapter fifty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the
number of allowable magistrate court deputy clerks"; to the Committee on the Judiciary then
Finance.
By Delegates Manuel, Doyle and Fleischauer:
H. B. 2430 - "A Bill to amend chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-f,
relating to creating a state police review board to hear complaints against state police personnel;
providing procedures and requirements for disposition of complaints; limiting public disclosure of
certain information; requiring semiannual reports; and addressing effects of complaint process"; to
the Committee on the Judiciary.
By Delegates Manuel, Spencer, Fleischauer, Schadler and Smirl:
H. B. 2431 - "A Bill to amend chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
twenty-four, relating to all-terrain vehicles; prohibiting operating all-terrain vehicles on certain state
roads and providing exceptions thereto; requiring wearing of helmets on all-terrain vehicles by all
persons under the age of eighteen; and establishing specifications for the helmets"; to the Committee
on the Judiciary then Finance.
By Delegates Manuel, Staton, Doyle and Amores:
H. B. 2432 - "A Bill to amend chapter forty-six-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-k,
relating to telemarketing and telephone solicitation; providing a method for persons to place their
telephone numbers on a no telephone solicitation list; prohibiting the making of unsolicited
telephone sales calls to persons on the list; requiring the acquisition of and payment for the list;
providing for the confidentiality of the list; providing duties for telephone solicitors; providing that
contracts made in violation of certain requirements are not valid; prohibiting the use of auto-dialers
for making telephone solicitation calls; providing for administration and enforcement by the attorney
general; providing private causes of action; specifying statute of limitations; providing for service
of process on certain nonresidents; addressing the applicability of other laws; and providing
limitation of liability for certain entities"; to the Committee on the Judiciary then Finance.
By Delegates Mezzatesta, Perry, Louisos, Williams and Paxton:
H. B. 2433 - "A Bill to amend and reenact sections three and fifteen, article nine-d, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating
to the school building authority; authorizing authority to require flood insurance for any facility within the one hundred year flood plain at which authority funds are expended; authorizing authority
to require projects to provide certain work-based learning opportunities for students and requiring
opportunities for projects involving new construction and renovation of vocational-technical and
adult education facilities; authorizing authority to accept any gift, grant, contribution, bequest or
endowment of equipment for use in any or all projects; requiring the authority to reserve no more
than twenty-five percent of funds available for priority use for multi-use vocational-technical
educational facilities which may include post-secondary programs; authorizing use of reserved funds
for equipment and equipment updates; and including the joint administrative board of a vocational-
technical education facility which includes post-secondary programs as a body which may propose
projects"; to the Committee on Education.
By Delegate Pino:
H. B. 2434 - "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-two-
e, relating to creation of the 'Supplement to West Virginia Veterans Education Benefits Program
Fund'; providing that resident veterans receive a certain monthly benefit when attending a public
institution of higher education in this state; providing for the 'Supplement to West Virginia Veterans
Higher Education Benefits Program Commission'; designating members of the commission;
authorizing the commission to enlist aid of clerical help; setting forth eligibility requirements; and
providing that the new law does not create an entitlement to benefits"; to the Committee on Veterans
Affairs and Homeland Security then Finance.
By Delegates Romine, Poling and Trump:
H. B. 2435 - "A Bill to amend and reenact section three, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increased
salary increments paid to principals and assistant principals"; to the Committee on Education then
Finance.
By Delegates Stemple, Shelton and Pino:
H. B. 2436 - "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; and to amend and
reenact section nine, article six, chapter sixty of said code, all relating to making the state's criminal
and penalty laws applying to the use and display of beer and alcoholic beverages in motor vehicles
to conform to federal law"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Williams, Romine, Shelton and Stemple:
H. B. 2437 - "A Bill to amend article five, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section forty-six, relating to requiring certain comprehensive vision examinations for school
admission; notice of requirement; rule; and providing methods for children of limited means to
obtain the comprehensive vision examination"; to the Committee on Education then Finance.
By Delegate R. M. Thompson:
H. B. 2438 - "A Bill to amend and reenact section eight, article seven-b, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing the option for teachers who withdrew from the state teachers retirement system in favor
of the defined contribution retirement system, to exercise the option to return to the state teachers
retirement system"; to the Committee on Pensions and Retirement then Finance.
By Delegate R. M. Thompson:
H. B. 2439 - "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 taxation; and providing a small business tax credit equal to any guaranty fee paid to the
small business administration to obtain small business administration financing, or two percent of
the loan from any other lending institution for a new business in this state"; to the Committee on
Industry and Labor, Economic Development and Small Business then Finance.
By Delegates R. M. Thompson and Craig:
H. B. 2440 - "A Bill to amend and reenact section sixteen, article one-b, chapter fifteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to raising the
minimum pay for national guard members on active state duty to ninety dollars per day"; to the
Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates R. M. Thompson, Perry and G. White:
H. B. 2441 - "A Bill to amend and reenact section three, article four, chapter thirty-one-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
minimum capital stock; and raising the minimum subscribed capital stock and surplus required for
a new bank charter"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates R. Thompson and Perdue:
H. B. 2442 - "A Bill to amend and reenact section thirteen, article sixteen, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
retiring state employees to use accrued annual leave and sick leave days to meet early retirement
eligibility criteria"; to the Committee on Pensions and Retirement then Finance.
By Delegates R. M. Thompson, Perry and G. White:
H. B. 2443 - "A Bill to amend and reenact section eight, article two, chapter thirty-one-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
assessment of banking institutions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates R. M. Thompson and H. White:
H. B. 2444 - "A Bill to amend and reenact section two, article forty-one, chapter thirty-three
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 four; and to amend chapter sixty-one
of said code by adding thereto a new article, designated article five-b, all relating to insurance fraud;
prohibiting insurance fraud; establishing criminal penalties and fines; establishing the West Virginia
insurance fraud prevention act; defining legislative intent and terms; creating misdemeanor and
felony offenses for the commission of fraudulent acts; and creating penalties, exceptions and
immunities"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Trump, Stalnaker, Evans, Border, Anderson and Azinger:
H. B. 2445 - "A Bill to amend and reenact section six, article twenty-three, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
business franchise tax; phasing out and abolishing the business franchise tax by the thirtieth day of
June, two thousand four"; to the Committee on Finance.
By Delegates Walters, Armstead and Webb:
H. B. 2446 - "A Bill to amend and reenact section nine, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to graduated
elimination of consumer sales tax on food"; to the Committee on Finance.
By Delegates Williams and Manuel:
H. B. 2447 - "A Bill to amend and reenact section thirteen-b, article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to the state teachers retirement system; and providing service credit for employment with the
cooperative extension service of West Virginia University before the twenty-seventh day of June,
two thousand three"; to the Committee on Pensions and Retirement then Finance.
By Delegates Williams, Kominar and Frederick:
H. B. 2448 - "A Bill to amend article five, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twenty-two, relating to providing a year-round fifty percent reduction in campground rental fees for
veterans with a total and permanent disability of the lower extremities"; to the Committee on
Veterans Affairs and Homeland Security then Finance.
By Delegates Williams and Overington:
H. B. 2449 - "A Bill to amend and reenact section eleven, article eight, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring
state residents under age eighteen attending school out-of-state to verify school attendance directly
with the division of motor vehicles"; to the Committee on Education.
By Delegates Williams, Stemple, Stalnaker, Kuhn, Coleman, Butcher and Kominar:
H. B. 2450 - "A Bill to amend and reenact section one, article fourteen, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
clarifying that a person may start a motor vehicle on private property for the purpose of warming the
engine and leave the vehicle unattended for a reasonable period of time"; to the Committee on Roads
and Transportation then the Judiciary.
By Delegates Williams, Shaver, Stemple and Varner:
H. B. 2451 - "A Bill to amend and reenact section thirty nine-g, article three, chapter sixty-
one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing that when a person from another state writes a worthless check in this state which results
in a summons to appear in magistrate court but then fails to appear shall have his or her privilege to
drive in this state revoked; and providing that the department of motor vehicles provide a copy of
the revocation to the state wherein the person holds a driver's license"; to the Committee on the
Judiciary then Finance.
By Delegates Williams (By Request) and Shaver:
H. B. 2452 - "A Bill to amend and reenact section twenty-two, article eighteen, chapter eight
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to notice
to connect to municipal sewer systems"; to the Committee on Political Subdivisions then the
Judiciary.
By Delegates Yeager, Boggs, Poling, Stemple and Williams:
H. B. 2453 - "A Bill to amend and reenact section two, article five, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting the
sale of timber severed in a state park incidental to construction activities"; to the Committee on the
Judiciary then Finance.
By Delegates Yeager, Kominar and Cann:
H. B. 2454 - "A Bill to amend and reenact section six hundred one, article six-f, chapter
forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to changing the hours for residence telemarketing from 9:00 a.m. to 5:00 p.m. and placing the burden on telemarketers to demonstrate that it had created procedures to avoid violating the ban on
calls to persons who have previously requested no calls be made"; to the Committee on the Judiciary.
By Delegates Faircloth and Manuel:
H. B. 2455 - "A Bill to amend and reenact sections two, three and four, article six-b, chapter
forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to consumer protection and automotive crash parts; clarifying the definition and usage of the
term 'genuine crash parts'; and extending the time frame for the mandatory usage of such parts";
to the Committee on the Judiciary.
By Delegates Faircloth, Shaver, Shelton and Stemple:
H. B. 2456 - "A Bill to amend chapter fifty-five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article seven-e,
relating to defense of self, others and valuable property; and allowing persons to defend family and
valuable property with deadly force; and providing for immunity from civil liability"; to the
Committee on the Judiciary.
By Delegates Fragale and Coleman:
H. B. 2457 - "A Bill to amend and reenact section five, article eight, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that
property owned, used and occupied by the owner or the owner's immediate family exclusively for
residential purposes is Class II property for levy purposes"; to the Committee on the Judiciary then
Finance.
By Delegates Manuel and Butcher:
H. B. 2458 - "A Bill to amend and reenact section six, article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
requirement that certain loads of motor vehicles be covered; and making the operator and the owner
of the vehicle violating this section guilty of a misdemeanor"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates Manuel, Doyle and Overington:
H. B. 2459 - "A Bill to amend and reenact section three-ff, article one, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to adding a
county fire chief's designee to those eligible to serve on the enforcement committee created by the
county commission"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Manuel, Spencer, Fleischauer, Schadler and Smirl:
H. B. 2460 - "A Bill to amend chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
ten-a, relating to the regulation of all-terrain vehicles; requiring titling and payment of a privilege
tax upon the purchase of all-terrain vehicles; dedication of privilege tax; requiring an identification
certification card and identification device for all-terrain vehicles and creating exceptions thereto;
providing requirements for issuing certification cards and identification on certain new and
previously sold all-terrain vehicles; authorizing the division of motor vehicles to otherwise regulate
the transfer of ownership of titled and untitled all-terrain vehicles; requiring visual placement of the
identification device and exceptions thereto; requiring capture of federal funds to the extent funds
are available; requiring regional distribution of registration fee; authorizing the secretary of
transportation to administer the program; and establishing a special revenue account for the privilege
tax"; to the Committee on the Judiciary then Finance.
By Delegates R. M. Thompson and H. White:
H. B. 2461 - "A Bill to amend and reenact section thirteen, article four, chapter thirty-one-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact section two, article eight-c of said chapter, all relating to the sale of insurance and annuities
by state-chartered banking institutions"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegate Susman:
H. B. 2462 - "A Bill to amend article two, chapter twenty-four-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section six, relating to requiring commercial trucks to have the corporate name
prominently displayed on the truck"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegates Pethtel and Varner:
H. B. 2463 - "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 two-b, relating to creating the equitable compensation act; and establishing a state minimum
salary supplement for professional personnel holding a nationally recognized professional
certification in speech-language pathology or audiology"; to the Committee on Education then
Finance.
By Delegates Mezzatesta and Williams:
H. B. 2464 - "A Bill to amend and reenact sections two and four, article six, chapter twenty-
five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to age eligibility of offenders for the boot camp program under the division of corrections"; to the
Committee on the Judiciary then Finance.
By Delegates Manuel, Tabb, Boggs, Doyle, Stemple and Hamilton:
H. B. 2465 - "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 twenty-three,
relating to the creation of a gypsy moth control commission; providing legislative findings;
appointment and composition of the commission; stating powers, duties and responsibilities;
allowing reimbursement of expenses; and requiring reports to the joint committee on government
and finance as well as posting to a public access web site"; to the Committee on Government
Organization then Finance.
Consent Calendar
Third Reading
The Clerk announced that, pursuant to House Rule 70a, Delegate Overington had requested
H. B. 2300, on Third Reading, Consent Calendar, be removed therefrom and be placed upon the
House Calendar.
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for 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,
Com. Sub. for H. B. 2154, Relating to the school calendar generally.
On the passage of the bills, the yeas and nays were taken (Roll No. 16), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Boggs, Cann, Coleman, Leach, Manchin and Warner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2054 and Com. Sub. for H. B. 2154) passed.
Delegate Staton moved that the Com. Sub. for H. B. 2154 take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 17), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Boggs, Cann, Coleman, Leach, Manchin and Warner.
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. 2154) 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 Calender bills and request concurrence therein.
First Reading
H. B. 2323, Establishing a division of school personnel within the state department of
education by July 1, 2003; on first reading, coming up in regular order, was read a first time and
ordered to second reading.
House Calendar
First Reading
H. B. 2402, Relating to early childhood education programs; on first reading, coming up in
regular order, was read a first time and ordered to second reading.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Anderson, Boggs, Cann, Coleman, Leach, Manchin and Warner.
At 2: 10 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Tuesday, January 21, 2003.