__________*__________
Wednesday, January 29, 2003
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, January 28, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2301, Providing funding for necessary care of animals seized pursuant to allegations
of neglect,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2301 - "A Bill to amend and reenact section four, article ten, chapter
seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
animals seized pursuant to allegations of neglect or cruel treatment and providing funding for necessary care of animals seized pursuant to allegations of neglect or cruel treatment,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2301) to the Committee
on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2301) 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. 2016, Extending the filing deadline for homestead property tax exemption,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2016) was referred to
the Committee on Finance.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Funeral
Service Examiners, in accordance with section twelve, 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 State Rail Authority,
in accordance with article eighteen, chapter twenty-nine of the code; which was filed in the Clerk's Office.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 281 - "A Bill to amend and reenact section four, article one, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuing the
department of environmental protection"; which was referred to the Committee on Government
Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 282 - "A Bill to amend and reenact section ten, article one, chapter twenty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuing the
public service commission"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 283 - "A Bill to amend and reenact section ten, article one, chapter twenty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuing the
public service commission"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 284 - "A Bill to amend and reenact section fifty-seven, article three, chapter five-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
continuation of the division of purchasing within the department of administration"; which was
referred to the Committee on Government Organization.
Resolutions Introduced
Delegates Frederick, Browning, Long, Caruth, Kominar, H. White, Staton, R. Thompson,
Yeager and Butcher offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 16 - "Requesting the West Virginia Division of Highways to name entire portion
of the West Virginia section of I-73/74, the King Coal Highway, the 'Nick Joe Rahall II King Coal
Highway'; the intersection of I-73/74 and the Coalfield Expressway the 'United States Senator
Robert C. Byrd King Coal Highway and Coalfield Expressway Intersection'; and, the intersection
of I-73/74, the King Coal Highway and Route 123 near the Mercer County Airport the 'Nelson
Walker Intersection'."
Whereas, Interstate I-73/74 owes its existence to the hard work and efforts of all of our
congressional delegation and the many citizens who joined in that effort; and
Whereas, One person, Nick Joe Rahall II, of Beckley, Raleigh County having been first
elected to the U.S. House of Representatives in 1976 as the youngest member in the 95th Congress
and reelected thirteen times to the office has had the foresight, skills and intelligence to provide
steadfast and effective leadership in the effort to improve the lives of people living and working in the southern coal fields of West Virginia; and
Whereas, Congressman Nick Joe Rahall II is a distinguished member of the Committee on
Transportation and Infrastructure of the U.S. Congress where he has fought for, authored and
championed the cause of improved transportation for his home state and especially the hard-working
people of the southern coal fields; and
Whereas, One person, Congressman Nick Joe Rahall II, saw to it that when his district
needed to be a part of a new and exciting interstate highway, he was there, as always, to ensure that
the funding was approved in the House of Representatives for the construction of I-73/74, the King
Coal Highway through southern West Virginia; and
Whereas, United States Senator Robert C. Byrd of Sophia, Raleigh County has served
longer in the U.S. Senate than anyone else in West Virginia's history; and
Whereas, United States Senator Robert C. Byrd has held more leadership positions and has
cast more votes in the U.S. Senate than has any other Senator of any party in Senate history; and
Whereas, We in the Legislature and all of the citizens of this State recognize his untiring
efforts on behalf of the State of West Virginia, not only has he brought pride to the State with
staunch advocacy of the Congress as an equal branch of our federal government against all efforts
to erode that power, he has also enriched all of our lives through ensuring significant federal
appropriations for needed improvements in this State and the genuine honesty of his character and
leadership; and
Whereas, The words "mission accomplished" and "job well done" were echoing in the ears
of all of the many board members, supporters, office holders, state highway staffs and friends
involved in the I-73/74 interstate highway drive when the interstate became a reality; and
Whereas, Nelson Walker, President of the King Coal Highway Authority, led the effort of
these groups as the unpaid volunteer executive director of I-73/74 Corridor Association, by
organizing civic leaders from Michigan, Ohio, West Virginia, Virginia, North Carolina and South
Carolina in this very successful campaign; and
Whereas, Nelson Walker has been married to Phyllis Walker for twenty-three years, has
four children and thirteen grandchildren and has served in important public and private capacities
including serving as Vice President of Operations of Bluefield Supply Company, member of the
West Virginia Economic Development Council, past mayor of Bluefield and as former Executive
Director of the Greater Bluefield Chamber of Commerce; and
Whereas, It is not only right and just to honor the efforts of Congressman Nick Joe Rahall
II, for his dedication to the people of his home state, in general, and for his work in bringing the King
Coal Highway into existence, in particular, by formally naming the West Virginia section of I-73/74,
the King Coal Highway the "Nick Joe Rahall II King Coal Highway"; to honor the efforts of United
States Senator Robert C. Byrd for his dedication to the people of his home state, it is one of the few
things we can do to thank him, by formally naming the intersection of I-73/74 and the Coalfield
Expressway the "United States Senator Robert C. Byrd Coalfield Expressway Intersection"
;
and to
honor the selfless efforts of Nelson Walker by formally naming the intersection of I-73/74, the King
Coal Highway and Route 123 near the Mercer County Airport the "Nelson Walker Intersection"
;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name the
West Virginia section of I-73/74, the King Coal Highway the "Nick Joe Rahall II King Coal Highway"; the intersection of I-73/74 and the Coalfield Expressway the "United States Senator
Robert C. Byrd Coalfield Expressway Intersection"; and the intersection of I-73/74, the King Coal
Highway and Route 123 near the Mercer County Airport the "Nelson Walker Intersection" and, be
it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this Resolution to the Commissioner of the Division of Highways, Congressman Nick Joe
Rahall II, U.S. Senator Robert C. Byrd and Nelson Walker.
Delegate Renner offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. R. 11 - "Urging the West Virginia Legislature to restore and increase funding for services
to senior citizens."
Whereas, West Virginia's median age is the oldest in the nation and West Virginia's
percentage of population over age sixty is second only to the state of Florida; and
Whereas, Over 260,000 senior citizens proudly call West Virginia their "Home"; and
Whereas, Programs and services for senior citizens such as nutrition and in-home care save
the State millions of dollars in hospital and nursing home cost; and
Whereas, Senior citizens have not received their fair share of lottery dollars and
appropriations of lottery dollars for senior citizens have not exceeded twenty-two percent and have
significantly decreased to a low of thirteen percent; and
Whereas, The Governor's executive budget decreases overall funding for senior citizens
programs; and
Whereas, Services such as transportation, medication management, in-home services and nutrition must be adequately funded to meet the needs of West Virginia's rapidly growing senior
population, including low-income rural elderly presently at-risk of premature institutionalization;
therefore, be it
Resolved by the House of Delegates:
That the West Virginia Legislature make every effort to restore and increase funding for
services to senior citizens.
Petitions
Delegates Manchin and Caputo presented a petition, signed by one hundred twenty-four
residents of the 43rd Delegate District, opposing the provisions of H. B. 2121, establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor; which was referred to the Committee on
the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Overington, Amores, Brown, Foster, Schadler, Craig and Calvert:
H. B. 2753 - "A Bill to amend and reenact section nineteen-a, article eight, chapter sixty-one
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 nineteen-b, all relating to
animal fighting; making it a felony to knowingly be involved in an animal fighting venture;
providing a penalty for violations; making it a misdemeanor to attend an animal fight and providing
a penalty therefore"; to the Committee on the Judiciary.
By Delegates Overington, Armstead, Smirl, Stemple, DeLong, Pethtel and R. Thompson:
H. B. 2754 - "A Bill to amend article six, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
seventeen, relating to public buildings and encouraging public officials to prominently display the
national motto on all public property, public buildings and all buildings designed, constructed and
maintained with public funds from the state, a county or a municipality"; to the Committee on
Government Organization then the Judiciary.
By Delegates Stemple, Kominar, Pethtel, Crosier, Williams and Amores:
H. B. 2755 - "A Bill to amend and reenact section eighteen, article three, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to creating
a criminal penalty for persons receiving stolen property that was obtained by means other than
through the commission of a theft"; to the Committee on the Judiciary.
By Delegates Swartzmiller, G. White and H. White:
H. B. 2756 - "A Bill to amend and reenact sections one and three, article three, chapter
thirty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and
to further amend said chapter by adding thereto a new article, designated article four, all relating to
deferred deposit loans generally; creating the deferred deposit loan act; defining certain terms;
providing for the licensing of deferred deposit lenders; investigations by the commissioner of
banking; denial of license; requiring specific information regarding location, records and annual
reports of licensees; prohibiting certain types of advertising by licensees; transaction documentation
and notice to consumers required; finance charged allowed; loan amount limited to five hundred
dollars; limiting deferred deposit loans to one renewal; form of proceeds; required endorsement; right of redemptions; dishonored charges; required posting of charges; assignment or sale of
instruments; grounds for suspension or revocation of license; penalties; notice of refusal, suspension
or revocation; hearing; judicial review, actions to enjoin violations; voided loans; applicability of
the act; and unfair or deceptive practices"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegate Talbott:
H. B. 2757 - "A Bill to amend and reenact section four, article two-a, chapter seventeen-d
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to affixing
the certificate of insurance to motor vehicle windshields; criminal penalties"; to the Committee on
Roads and Transportation then Finance.
By Delegates R. Thompson and Perdue:
H. B. 2758 - "A Bill to amend chapter seventeen-b 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 operating a motor vehicle; licensing; pre-application visual acuity testing; and
authorizing use of bioptic telescopic devices and issuance of low vision driving license"; to the
Committee on Roads and Transportation then Finance.
By Delegate R. M. Thompson (By Request):
H. B. 2759 - "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
eleven-d, relating to requiring the state medicaid agency to furnish medicaid recipients monthly
itemized statements of services rendered and claimed for reimbursement by providers"; to the
Committee on Health and Human Resources then Finance.
By Delegate Warner:
H. B. 2760 - "A Bill to amend article seven, 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 seven, relating to authorizing employees of the public service commission
designated as motor carrier inspectors to enforce the provisions of chapter seventeen-c of the code;
training; and authorizing those inspectors to use radar to measure and indicate or record the speed
of motor vehicles for use as prima facie evidence"; to the Committee on Roads and Transportation
then the Judiciary.
By Delegate Warner:
H. B. 2761 - "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 ten, relating
to providing for the use of returnable containers for soft drinks, soda water, carbonated natural or
mineral water, other nonalcoholic carbonated drinks and for beer, ale or other malt drinks of any
alcoholic content and for certain other beverage containers; providing for the use of unredeemed
bottle deposits; prescribing the powers and duties of certain state agencies and officials; and
prescribing penalties and remedies"; to the Committee on the Judiciary then Finance.
By Delegates Warner, R. M. Thompson, Stalnaker and Border:
H. B. 2762 - "A Bill to amend and reenact section seven, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing a
salary increase for civilian employees of the state police"; to the Committee on Finance.
By Delegates Warner, Shelton, Iaquinta and Renner:
H. B. 2763 - "A Bill to amend and reenact section seventeen, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to auxiliary lighting on motor vehicles; allowing original equipment roof mounted light bar lighting
devices on motor vehicles when used off road; and requiring that the devices be turned off and
covered when the motor vehicle is operated on a road or highway"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2764 - "A Bill to amend and reenact section four, article two, chapter thirty-three of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
subpoena power of the office of the insurance commissioner"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2765 - "A Bill to repeal section twenty-six, article twelve, chapter thirty-three of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
sections three, eight, ten, eighteen, twenty-eight and thirty-two, article twelve of said chapter; to
amend and reenact section thirteen, article three of said chapter; to amend and reenact section
eighteen, article four of said chapter; to amend and reenact section two, article twenty-one of said
chapter; to amend and reenact section two, article twenty-two of said chapter; to amend and reenact
section thirty-three, article twenty-three of said chapter; to amend and reenact section four, article
twenty-four of said chapter; to amend and reenact section twenty-four, article twenty-five-a of said
chapter; to amend and reenact section twenty-six, article twenty-five-d of said chapter; and to amend
and reenact section twenty-one, article thirty-two of said chapter, all relating to insurance vending
machines; license requirement for insurance producers; continuing education required, fees charged, agent appointments and service representatives; and renumbering chapter all relating to the
references to article twelve and excess line brokers"; to the Committee on Banking and Insurance
then the Judiciary.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2766 - "A Bill to amend and reenact sections two, two-a, three and seven, article
twenty-seven, chapter thirty-three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating to insurance company holding systems and amendments required
by the federal Gramm-Leach-Bliley Act (P.L. 106-102, November 12, 1999); allowing insurance
companies to acquire or be acquired by depository institutions; amending the period of time within
which a public hearing and action thereon may be taken by the commissioner upon a statement filed
by a person offering to acquire control of an insurance company; authorizing the commissioner to
share confidential information gathered pursuant to article twenty-seven with the board of governors
of the federal reserve system or other appropriate federal banking agency; and to make technical
changes"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Williams, Shaver and Stemple:
H. B. 2767 - "A Bill to amend and reenact section fourteen, article three, chapter seventeen-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
authorizing the issuance of a special motor vehicle license plate for persons who have received the
Combat Infantry Badge or the Combat Medic Badge"; to the Committee on Roads and
Transportation then Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 2768 - "A Bill to amend chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
three-d, relating to enacting a standardized false alarm ordinance; defining terms; providing for
public safety agency response; requiring registration; establishing fees; providing for penalties for
violations; establishing a system of administration; and establishing conditions for suspension or loss
of registration"; to the Committee on Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2769 - "A Bill to amend and reenact section eight, article twenty-seven, chapter thirty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing an exemption for charitable service cosmetology programs when under the guidance of
a licensed cosmetologist; and specifying registration procedure and fees"; to the Committee on
Government Organization.
By Delegates Beach and Stemple:
H. B. 2770 - "A Bill to amend article four, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section thirteen; and to amend article five of said chapter by adding thereto a new section, designated
section forty-six, all relating to prohibiting discrimination by a county school superintendent or
school board members against an applicant for appointment, job placement or advancement on the
basis of the applicant's service in the Legislature"; to the Committee on Education.
By Delegates Craig, Morgan, Amores and Stalnaker:
H. B. 2771 - "A Bill to repeal section five-a, article fourteen, chapter eleven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating to exemption from
gasoline and special fuels excise tax for bulk sales to interstate motor carriers"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Hatfield, Beane, Talbott, Foster, Poling and Susman:
H. B. 2772 - "A Bill to amend and reenact sections two and six, article twenty-three, chapter
thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating
to defining podiatric medical assistants and the eligibility requirements to obtain a permit to perform
podiatric radiographs"; to the Committee on Health and Human Resources then Government
Organization.
By Delegates Martin, R. Thompson, Hatfield, Paxton, Perdue, Manuel and Browning:
H. B. 2773 - "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 twenty-nine-
c, relating to the 'prescription drug price reduction act'; providing a short title and designating the
purpose of the act; setting forth findings, intent and purpose for the legislation; requirements related
to appointments to the prescription drug advisory commission; the calling of the first meeting of the
commission; creation of the 'prescription drug price reduction fund'; setting forth purposes of the
fund; setting forth sources for the fund to be funded; providing the secretary of health and human
resources may transfer moneys from the fund to elderly low-cost drug programs established or
maintained in this state; the establishment of and appointment mechanism for, the prescription
drug price reduction advisory commission; requiring the department of health and human resources
to propose legislative rules designed to establish procedures for determining maximum retail pricing
for prescription drugs; requiring determinations by health and human resources regarding
prescription drug prices; requiring secretary of health and human resources with advice of
commission to establish maximum pricing for prescription drugs; providing for an appeal procedure for retailers of prescription drugs; providing that violations of article constitute violations under
West Virginia Unfair Trade Practices Act; establishment of West Virginia Rx program; indicating
that program is designed to utilize manufacturer rebates and pharmacy discounts and providing that
the state serves as a pharmacy benefit manager under the program and that department of health and
human resources administers the program; setting forth program goals; providing for certain
definitions; requiring certain drug manufacturers to enter rebate agreements with the state; providing
for how rebate amounts are negotiated; requiring participating retail pharmacies to offer discount
prices on prescriptions to qualified residents; requiring secretary of health and human resources to
establish discounted prices for drugs covered by rebate agreements; requiring board of pharmacy to
propose legislative rules requiring disclosure of savings under Rx program; prohibiting department
of health and human resources from imposing transaction charges under Rx program; requiring retail
pharmacy to submit claims to department to verify amount charged; requiring department to
reimburse pharmacies for discounted prices provided to qualified residents; requiring prescription
by legislative rules of professional fees; requiring department to collect utilization data; requiring
department to protect confidentiality of certain information; providing that the names of
nonparticipating manufacturers and labelers are public information and that the department shall
impose prior authorization requirements on such nonparticipating entities; providing for a
mechanism to resolve rebate amount discrepancies; requiring the department to make an annual
summary report; prescribing obligations of the department under the Rx program; authorizing the
department to contract with third parties; requiring the department to administer the program and
related programs within perimeters designed to reduce costs and enhance efficiency; requiring
department to propose rules; authorizing the department to seek waivers; providing that profiteering in prescription drugs is unlawful; providing for a right of action for injuries caused by a violation of
this article; providing for civil violations; providing that a violation of this article is an unfair trade
violation; authorizing the attorney general to investigate suspected violations; setting forth provisions
for entering into agreements with third parties; prohibiting payment to manufacturers that don?t enter
rebate agreements; setting forth a schedule for rebate agreements; setting forth a participation
requirement; and, requiring secretary of health and human resources to propose rules for medicaid
program requiring additional prior authorization for dispensing drugs from manufacturers and
labelers who don?t enter into rebate agreements"; to the Committee on Government Organization
then Finance.
By Delegates Susman, Houston, R. Thompson, Yeager, Poling, Craig and Mezzatesta:
H. B. 2774 - "A Bill to amend and reenact section twelve, article one, chapter ten of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that one
member of the library commission be a blind individual"; to the Committee on Government
Organization.
By Delegates Trump, Ellem, Howard, Amores, Kominar, Beane and Staton:
H. B. 2775 - "A Bill to amend and reenact section one hundred one, article one, chapter
sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact sections four hundred one, four hundred three-a and four hundred six, article four
of said chapter, all relating to providing for the felony offense of possessing chemicals with the intent
of producing methamphetamine or allowing a methamphetamine laboratory on one's premises;
defining certain terms; and, providing for parole ineligibility for persons convicted of possessing
chemicals with the intent to manufacture methamphetamine or allowing a methamphetamine laboratory on their premises"; to the Committee on the Judiciary.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2776 - "A Bill to amend and reenact sections nine and nineteen, article two, chapter
thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section nine, article seven of said chapter; and to amend and reenact section one,
article thirty-nine of said chapter, all relating to authorizing limited disclosure of confidential
information received by the insurance commissioner, to make amendments regarding disclosure of
confidential information by the insurance commissioner to federal banking agencies required by the
federal Gramm-Leach-Bliley Act, P.L. 106,102 (November 12, 1999), and to make technical
corrections"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Williams, Shaver, Leggett, Tabb, Mezzatesta, Stemple and Michael:
H. B. 2777 - "A Bill to amend and reenact section forty-six-j, article two, chapter twenty of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
establishing a special side-look black powder rifle deer hunting season and requiring a special stamp
therefor"; to the Committee on Agriculture and Natural Resources then Finance.
On motion for leave, bills were introduced (Originating in the Committee on Government
Organization and reported with the recommendation that they each do pass), which were read by
their titles, as follows:
By Delegates Beane, Kuhn, Butcher, Ferrell, Talbott, Leggett and Frich:
H. B. 2778 - "A Bill to amend and reenact section fifty, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
continuation of the West Virginia state police,"
And,
By Delegates Beane, Kuhn, Perdue, Wright, Yost, Leggett and Azinger:
H. B. 2779 - "A Bill to amend and reenact section eight, article ten-l, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation
of the personal assistance services program."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2778 and H. B. 2779) will be placed on the
Consent Calendar.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2554, Continuing the marketing and development division of the department of
agriculture,
H. B. 2555, Continuing the West Virginia's membership in the southern regional education
compact,
And,
H. B. 2670, Continuing the office of judges until July 1, 2009.
On the passage of the bills, the yeas and nays were taken (Roll No. 25), 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, Fleischauer and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (H. B. 2554, H. B. 2555 and H. B. 2670) passed.
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.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2512, Relating to competitive bidding and notice requirements for the
development of natural resources in which the public land corporation has an interest,
H. B. 2750, Continuing the office of health facility licensure and certification,
H. B. 2751, Continuing the department of health and human resources,
And,
H. B. 2752, Continuing the bureau for senior services.
House Calendar
Third Reading
Com. Sub. for H. B. 2203, Relating generally to the requirement of wearing seat belts in
automobiles; on third reading, coming up in regular order, with the right to amend, was, on motion
of Delegate Staton, recommitted to the Committee on the Judiciary.
Second Reading
Com. Sub. for H. B. 2155, Providing a method for setting a cap on tuition and fees for
higher education; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
First Reading
H. B. 2693, Providing the ability to define and draw DNA samples from convicted felons for maintaining a DNA database; 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 Coleman, Fleischauer and Leach.
At 11:30 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Thursday, January 30, 2003.