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 31, 2003, being the first order of
business, when the further reading thereof was dispensed with and the same approved.At the request of Delegate Pino, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the week to extend privileges
of the floor to the Frasure-Singleton Interns.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. 2363, Authorizing the tax commissioner to suspend a business registration certificate
if any business neglects to pay real property taxes thirty days after the delinquent tax list is published,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. 2363) was referred to
the Committee on Finance.Delegates Staton and Browning offered the following resolution, which was read by its title
and referred to the Committee on Rules:H. C. R. 23 - "Requesting the Division of Highways to name the new bridge on Moran
Avenue approaching downtown Mullens, Wyoming County, the 'Ray Toler Memorial Bridge'."Whereas, Ray Toler was born July 22, 1909, on Laurel Branch in Wyoming County and was
a lifelong resident of Wyoming County, living in Mullens from 1921 until his death in April 2002.
He was Valedictorian of the Mullens High School Class of 1927; he graduated from Concord
College in 1934; and he graduated from the West Virginia University Law School in 1942. Ray
Toler was a teacher in Wyoming County from 1931 to 1942, teaching at Itmann and Stephenson
grade schools and at Baileysville and Mullens High School; andWhereas, Ray Toler practiced law in Mullens for almost sixty years, during which time he
demonstrated his dedication to family, church and community of Mullens by serving as president of
the local PTA, Board of Directors of the Girl Scouts, Trustee for Alderson-Broaddus College,
twenty-five years on the Selective Service Board, president and fifty-year member of the Mullens
Rotary Club, was a fifty-year member of the Mullens Masonic Lodge, Director and Chairman of the
Board of the People's Bank of Mullens, was a fifty-five year member and Men's Bible Class teacher,
trustee and deacon of Highland Avenue Baptist Church, city attorney for Mullens and member of
the State Bar Association and American and Wyoming County Bar Associations; andWhereas, Ray Toler is fondly remembered by the people of his county as a man of dedication, wisdom and humor; andWhereas, It is a fitting tribute to Ray Toler that this bridge be named in his memory;
therefore, be itResolved by the Legislature of West Virginia:That the Division of Highways is hereby requested to name the new bridge on Moran Avenue
approaching downtown Mullens, Wyoming County, the "Ray Toler Memorial Bridge"; and, be itFurther Resolved, That the Division of Highways is requested to have made and be placed,
at either end of the bridge, signs identifying the bridge as the "Ray Toler Memorial Bridge"; and, be
itFurther Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the Secretary of Transportation and the family of Ray Toler.Delegates Boggs, Ennis, Swartzmiller, Anderson, Armstead, Ashley, Azinger, Blair, Border,
Brown, Butcher, Calvert, Canterbury, Caputo, Carmichael, Caruth, Doyle, Duke, Evans, Faircloth,
Foster, Frederick, Hamilton, Hartman, Hatfield, Howard, Kuhn, Leggett, Long, Louisos, Manchin,
Manuel, Martin, Palumbo, Paxton, Poling, Proudfoot, Romine, Schadler, Schoen, Shelton, Sobonya,
Spencer, Stemple, Tabb, R. Thompson, Trump, Wakim, Webster, G. White, H. White, Williams and
Yeager offered the following resolution, which was read by its title and referred to the Committee
on Rules:H. C. R 24 - "Requesting the United States Congress to broaden the eligibility categories
of membership in veteran's organizations."Whereas, Young American men and women are at the forefront of the war on terror; andWhereas, Many Americans have served in the armed services of this country and have been placed in harms way both in times of peace and in times of war; andWhereas, Membership in American veteran organizations continues to decline as fewer and
fewer veterans are eligible for membership in these organizations; andWhereas, The contributions made to local communities by members of the American
Legion, the Veterans of Foreign Wars and other similar organizations are invaluable and may not
be replaced if the eligibility for membership continues to be restricted; therefore, be itResolved by the Legislature of West Virginia:That the Legislature hereby requests the Congress of the United States to broaden the
eligibility categories of membership in veteran's organizations; and, be itFurther Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this Resolution to the members of West Virginia's delegation in Congress and to the Clerk
of the United States House of Representatives and the Clerk of the United States Senate.On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:By Delegate R. M. Thompson: H. J. R. 12 - "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 clarifying that the Constitution does not require the State to pay for any abortion"; 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 Armstead, Border, Smirl, Hall, Frich, Howard and Blair:
H. B. 2832 - "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 to crimes against public policy generally; prohibiting human and
embryonic cloning; and prescribing criminal penalties for violations of the section"; to the
Committee on the Judiciary.By Delegates Brown, Manuel, Doyle, Webster, Staton and Mahan:H. B. 2833 - "A Bill to amend and reenact section six, article one-b, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to timbering
operations and notification of duration of these operations; and providing verification of notice to
adjoining landowners by certified mail"; to the Committee on Agriculture and Natural Resources
then the Judiciary.By Delegates Caputo, Manchin, Kuhn and Fragale:H. B. 2834 - "A Bill to amend and reenact section four hundred six, article four, chapter
sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
disallowing the granting of probation to persons convicted of distributing controlled substances
under certain circumstances"; to the Committee on the Judiciary.By Delegates Ennis, Manchin, Poling, Shelton, Tucker, Smirl and Wakim:
H. B. 2835 - "A Bill to amend article one, chapter nine-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
eleven; and to amend and reenact section nine-a, article twenty-two, chapter twenty-nine of said
code, all relating to establishing a special revenue fund to receive gifts and donations for the support of veterans facilities; authorized expenditures; and renaming a special revenue fund"; to the
Committee on Veterans Affairs and Homeland Security then Finance.By Delegates Foster, Palumbo, Long and Frich:H. B. 2836 - "A Bill to amend and reenact section two, article three, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact sections one and three, article ten of said chapter, all relating to motor vehicle registration
of all-terrain vehicles used off of private property; removing the exemption for all-terrain vehicles
used off of private property from requirements of annual motor vehicle registration; classifying all-
terrain vehicles used off of private property for purposes of motor vehicle registration; and providing
an annual motor vehicle registration fee for all-terrain vehicles used off of private property"; to the
Committee on the Judiciary then Finance.By Delegates Hrutkay, Butcher, R. Thompson and Martin:H. B. 2837 - "A Bill to amend and reenact section forty-six-e, article two, chapter twenty of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to hunting
licensing and permits and clarifying the qualifications for eligibility for a Class Q hunting license";
to the Committee on Agriculture and Natural Resources then Finance.By Delegate Kuhn:H. B. 2838 - "A Bill to amend and reenact section two, article five, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to granting incremental
salary increases to division of corrections employees based on years of service"; to the Committee
on Finance.By Delegate Kuhn:H. B. 2839 - "A Bill to amend chapter seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article fourteen-f,
relating to creating the 'West Virginia Division of Corrections Retirement System Act'"; to the
Committee on Pensions and Retirement then Finance.By Delegates Leach, Craig, Morgan, Smirl, Sobonya and Howard:H. B. 2840 - "A Bill to amend and reenact sections two, three, four and six-a, acts of the
Legislature, regular session, one thousand nine hundred twenty-five (municipal charters), as last
amended by chapter one hundred ninety-four, acts of the Legislature, regular session, one thousand
nine hundred eighty-three, all relating to the Greater Huntington Park and Recreation District;
increasing the number of members on the board"; to the Committee on Political Subdivisions then
the Judiciary.By Delegates Leach, Beane, Campbell, Mezzatesta, Michael, R. M. Thompson and Ashley:
H. B. 2841 - "A Bill to amend article four-a, chapter nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
three, related to the creation of a medicaid buy-in program for working individuals with disabilities";
to the Committee on Health and Human Resources then Finance.By Delegate Louisos:H. B. 2842 - "A Bill to amend chapter three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article twelve, relating
to elections generally; establishing the West Virginia clean elections act; providing that the
provisions of the act are applicable to candidates for the office of governor, attorney general, auditor, commissioner of agriculture, secretary of state, treasurer and candidates for seats in the Legislature;
setting forth certain legislative findings and declarations; defining certain terms; setting forth
eligibility criteria for qualifying party independent candidates; requiring qualifying candidates to
comply with all provisions of the act; prohibiting participating candidates from accepting private
contributions other than specifically set forth in the act; requiring candidates to keep records and
report to the state election commission; prohibiting the use of personal funds for certain purposes;
providing for seed money contributions; requiring the state election commission to certify eligible
candidates; providing that qualified candidates shall receive funding for election campaigns from
the clean elections fund; specifying amounts of such funds for each office; requiring certain
disclosures; setting forth certain duties of the state election commission; establishing a clean
elections fund; providing for the deposit of certain revenue into the fund; requiring repayment of
excessive expenditures by candidates; providing both civil and criminal penalties for violations of
the act and setting forth an effective date"; to the Committee on the Judiciary then Finance.By Delegates Mahan, Faircloth, Pethtel, Pino, Fleischauer, Palumbo and Schadler:
H. B. 2843 - "A Bill to repeal section twenty, article two, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections twenty
and forty-one, article one, of said chapter three; to further amend and reenact said article one by
adding thereto three new sections, designated sections forty-eight, forty-nine and fifty; to amend and
reenact sections three, five, ten and nineteen, article two of said chapter three; and to further amend
said article two by adding thereto a new section, designated section four-a, all relating to federal
election procedures; providing for procedures when voting a provisional ballot; establishing a state
election fund; setting new standards for voting systems; providing for state-based administrative complaint procedures; authorizing the secretary of state to establish and maintain a statewide voter
registration list; and providing for stricter identification procedures for voter registration"; to the
Committee on the Judiciary.By Delegates Perry, Shelton, Stemple and Ashley:H. B. 2844 - "A Bill to amend and reenact section twenty-two-a, article two, chapter twenty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact section twenty-three, article two, chapter twenty; and to further amend said article by adding
thereto a new section, designated section twenty-four-a, all relating to authorizing black bear
hunting outfitters with dogs to conduct hunting expeditions for profit"; to the Committee on
Agriculture and Natural Resources then Finance.By Delegates Perry, Ennis, Pino, Morgan, Paxton and Cann:H. B. 2845 - "A Bill to amend and reenact section eight-a, article four, chapter eighteen-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to salary
increases for school service personnel"; to the Committee on Education then Finance.By Delegates Stemple, Boggs, Mezzatesta and Stalnaker:H. B. 2846 - "A Bill to amend and reenact section one thousand three hundred one, article
thirteen, chapter thirty-one-b of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating to adding professional surveyors to the list of professionals who may organize
professional limited liability companies"; to the Committee on the Judiciary.By Delegates Stemple, Crosier, Williams, Kominar and Cann:H. B. 2847 - "A Bill to amend and reenact section thirteen, article seven, chapter seven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to counties withholding payment of the cost of the initial transportation to a jail facility of a person arrested by
any law-enforcement agency other than the county sheriff, except where a transportation agreement
exists between the other agency and the sheriff"; to the Committee on Political Subdivisions then
the Judiciary.By Delegates Stemple, Swartzmiller, Crosier, Williams, Kominar and Cann:
H. B. 2848 - "A Bill to amend and reenact section fourteen, article one, chapter fifty-nine
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
increasing the fee charged by the sheriff for service of process from twenty dollars to twenty-five
dollars, and directing two dollars and fifty cents of the increase to the deputy sheriffs' retirement
fund"; to the Committee on Pensions and Retirement then Finance.By Delegates Susman, Fleischauer, Houston, Yeager, Poling, Manuel and Crosier:
H. B. 2849 - "A Bill to amend and reenact section four, article six-a, chapter thirty-three of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to preventing
insurers from failing to renew an automobile liability or property damage policy for acts of God,
excluding property damage from floods"; to the Committee on Banking and Insurance then the
Judiciary.By Delegates Williams, Pethtel, Beach and Cann:H. B. 2850 - "A Bill to amend article two-c, 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 protecting school employees from harassment; allowing restraining orders
to be issued; and providing criminal penalties for violating orders"; to the Committee on Education
then the Judiciary.The following bills on third reading, coming up in regular order, were each read a third time:Com. Sub. for H. B. 2301, Providing funding for necessary care of animals seized pursuant
to allegations of neglect,H. B. 2778, Continuing the West Virginia state police,And,H. B. 2779, Continuing the personal assistance services program.On the passage of the bills, the yeas and nays were taken (Roll No. 30), and there were--yeas
92, nays none, absent and not voting 8, with the absent and not voting being as follows:Absent And Not Voting: Carmichael, Coleman, Ennis, Faircloth, Fleischauer, Hall, Staton
and Webb.So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2301, H. B. 2778 and H. B. 2779) 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.The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:Com. Sub. for H. B. 2694, Protecting the beekeeping industry,And,H. B. 2803, Continuing the board of barbers and cosmetologists.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. 2704, Relating to the supervision and return of juvenile offenders,
runaways and other juveniles,Com. Sub. for H. B. 2781, Relating to the transfer, retirement or disposal of state police
canines,H. B. 2829, Continuing the division of culture and history,And,H. B. 2830, Continuing the division of natural resources.H. B. 2831, Continuing the records management and preservation board; on first reading,
coming up in regular order, was read a first time and ordered to second reading.At the request of Delegate Varner, and by unanimous consent, leaves of absence were granted
Delegates Carmichael, Coleman, Ennis, Faircloth, Fleischauer, Hall, Staton and Webb.Miscellaneous Business
Delegate Yost announced that he was absent on Thursday, January 30, and Friday, January
31, 2003, when the votes were taken on Roll Nos. 26, 27, 28 and 29, and that had he been present,
he would have voted "Yea" thereon.At 1:24 p. m., on motion of Delegate Varner, the House of Delegates adjourned until 11:00 a.m., Tuesday, February 4, 2003.