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Friday, February 7, 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 Thursday, February 6, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates proceeded to the Ninth Order of Business for the purpose of considering a resolution on Unfinished Business.
Unfinished Business

H. C. R. 23, Naming the new bridge on Moran Avenue approaching downtown Mullens, Wyoming County, the "Ray Toler Memorial Bridge"; having been taken up out of regular order, was read by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 11, Urging the West Virginia Legislature to restore and increase funding for services to senior citizens,
H. C. R. 10, Requesting the Joint Committee on Government and Finance to make a study of the advisability of seeking to improve the West Virginia Department of Transportation Employee Handbook,
And,
H. C. R. 25, Designating November as "Alzheimer's Awareness Month",
And reports the same back with the recommendation that they each be adopted.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2658, Radiologic technology board of examiners, rule of the board,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2658) was referred to the Committee on the Judiciary.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H.B. 2644, Massage therapy licensure board, general provisions,

H. B. 2645, Medicine, licensure, disciplinary and complaint procedures, continuing education, physician assistants,
And,
H. B. 2654, Board of optometry, licensure by endorsement,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2644, H. B. 2645, and H. B. 2654) were each referred to the Committee on the Judiciary.
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. 2669, Hazardous waste management,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2669) 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. 2190, Permitting certain farm vehicles to use the highways between sunset and sunrise,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2190 - "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 section four, article sixteen, chapter seventeen-c of said code, all relating to exceptions to motor vehicle registration; allowing certain farm use motor vehicles with valid inspection stickers limited use of highways between sunset and sunrise; and providing for the inspection of these farm use motor vehicles,"
And,

H. B. 2239, Requiring collection agencies to obtain a certificate of registration from the secretary of state,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2239 - "A Bill to amend and reenact section fifteen hundred one, article fifteen, chapter thirty-one-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section fourteen hundred one, article fourteen, chapter thirty-one-e of said code, and to amend and reenact section two, article sixteen, chapter forty-seven of said code, all relating to the reporting procedures of collection agencies; providing that certain entities collecting debts originally owed them is not defined as a collection agency; and providing that a foreign corporation may not transact business in this state until it obtains a certificate of authority from the secretary of state, if their business is defined as a collection agency,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2190 and Com. Sub. for H. B. 2239) will be placed on the Consent Calendar.
Messages from the Executive

The Speaker laid before the House a communication from His Excellency, the Governor, which was read by the Clerk and referred to the Committee on Finance as follows:
State Of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305

February 6, 2003

Executive Message No. 2
2003 Regular Session
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
The Pensions Liability Redemption Act, established in W. Va. Code §12-8-1, et seq., provides for the issuance of certain bonds in an amount not to exceed three billion nine hundred million dollars for the purpose of redeeming certain of the unfunded actuarial accrued liability of certain pension systems in the State of West Virginia, namely, (i) the Teachers Retirement System established in W. Va. Code §18-7A-1, et seq.; (ii) the Death, Disability and Retirement Fund of the West Virginia Department of Public Safety created by W. Va. Code §15-2-1, et seq.; and (iii) the Judicial Retirement System established in W. Va. Code §51-9-1, et seq.
Section §12-8-5 provides that the Governor request the West Virginia Legislature to prepare and consider a resolution authorizing the issuance of the bonds. In addition, in that request, the maximum costs associated with the issuance of the bonds must be specified.
Accordingly, given the current favorable market conditions and the pressing need to adequately fund several of the State's unfunded pension systems, I hereby request that the Legislature prepare and consider a resolution authorizing the issuance of the pension obligation bonds provided for in the Pension Liability Redemption Act. The issuance of the bonds will enable the State to redeem a previous liability by funding a portion of the aggregate of the unfunded actuarial accrued liabilities of the Judicial Retirement System, the Death, Disability and Retirement Fund, and the Teachers Retirement Fund.
The maximum costs associated with the issuance of the bonds, excluding fees for bond insurance, credit enhancement and liquidity facilities, plus underwriter's discount and any other costs associated with the issuance, shall not exceed, in the aggregate, the sum of one percent (1%) of the aggregate principal amount of bonds issued.
I thank you for your prompt consideration of this request.
Very truly yours,
Bob Wise,
Governor.
Resolutions Introduced

Delegates Manchin and Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 28 - "Requesting the Commissioner of the Division of Highways to rename the Barrackville Bridge, which crosses Buffalo Creek on County Route 21, milepost .02 in Marion County, the 'Oce Smith Bridge'."
Whereas, Oce Smith was born in Barrackville, Marion County, the son of the late Oce W. Smith, Sr. and Norma Lough Smith, and attended Fairmont State College and West Virginia University; and
Whereas, Oce Smith was first elected House Sergeant of Arms in 1967 and continues to serve in that capacity today; and
Whereas, Oce Smith served the House of Delegates for many years in various other capacities prior to his election as House Sergeant of Arms in 1967; and
Whereas, Oce Smith has been associated with the West Virginia Legislature for over half a century and holds the great distinction of having the longest tenure of any State legislative officer currently serving in the United States; and
Whereas, Oce Smith has endeared himself to countless legislators, both past and present, through his dedicated and distinguished service, and is thus worthy of our acknowledgment and utmost gratitude; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to rename the Barrackville Bridge, which crosses Buffalo Creek on County Route 21 at milepost .02 in Marion County, the "Oce Smith Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Oce Smith Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to Mr. Smith.
Delegates Manchin and Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Renaming the Mannington Bridge located in Marion County on Route 11 at mile post 7.39 where it crosses Buffalo Creek, the 'Regillo Brothers Bridge'."
Whereas, Six brothers, Tony, Nick, Philip, Lester, Angelo and Joe, the sons of Italian immigrants who immigrated to this country ninety-five years ago, settling in Marion County, all served honorably in the armed services of this country during times of war; and
Whereas, Tony, Nick, Philip, Lester and Angelo all served during World War II and Joe served during the Korean War; and
Whereas, Lester, while serving on the Siegfried line in Germany during World War II, saved the life of his squad leader, Arch A. Moore, Jr., the former governor of West Virginia; and
Whereas, These six first-generation Americans collectively exhibited an unselfish and honorable service to this country, which each performed during a time of extreme danger and conflict; and
Whereas, This exhibition of collective, unselfish and honorable service provides a classic and ennobling legacy, embodying the highest traditions of military service to this country; a legacy which this Legislature intends to honor with the naming of a bridge, which is a modest tribute, considering these brothers' collective and indomitable spirit; therefore, be it
Resolved by the Legislature of West Virginia:
That the six Regillo brothers are hereby honored by renaming the Mannington Bridge located in Marion County on Route 11 at mile post 7.39 where it crosses Buffalo Creek, the "Regillo Brothers Bridge"; and, be it
Further Resolved, That the Legislature hereby requests the West Virginia Division of Highways to name the bridge located in Marion County on Route 11 at mile post 7.39 where it crosses Buffalo Creek, the "Regillo Brothers Bridge" by placing signs at each end of the bridge bearing that inscription; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this Resolution to the Commissioner of the Division of Highways and the Marion County Commission.
Delegates Yeager, Boggs, Paxton, Poling, Stemple, Swartzmiller, R. Thompson, Anderson, Evans, Leggett and Overington offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Expressing thanks and offering praise to those individuals responsible for the Statewide Trails Plan and submitting an endorsement for the Plan."
Whereas, The Governor created the West Virginia Recreational Trails Advisory Board; and
Whereas, The Statewide Trail Plan Committee charged the West Virginia Trails Coalition with the preparation of a Statewide Trail Plan; and
Whereas, The Statewide Trail Plan is now complete, ready for public review, and for presentation to interested government agencies; and
Whereas, The endeavors of the West Virginia Recreational Trails Advisory Board, the Statewide Trail Plan Committee and the West Virginia Trails Coalition should be recognized; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Statewide Trail Plan is hereby accepted and endorsed; and, be it
Further Resolved, That the gratitude of the Legislature be, and the same is hereby memorialized, for the efforts of those dedicated volunteers and professionals in completing this plan; and, be it
Further Resolved, That the Clerk is hereby directed to forward copies of this resolution to the Governor, to the Commissioner of the Bureau of Commerce, to the Director of the Division of Natural Resources, to the Executive Director of the West Virginia Development Office, to the Secretary of the Department of Transportation and to the Commissioner of the Bureau for Public Health.
Delegates Manchin and Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 31 - "Requesting the West Virginia Division of Highways to dedicate the Hough Street Bridge in Mannington, Marion County, West Virginia over the Route 1/16 crossing Buffalo Creek at milepost 0.01, 'In Memory of Sammie W. Hunter'."
Whereas, Sammie W. Hunter was born on July 18, 1919, and passed on September 6, 2002, leaving this world a better place; and
Whereas, Sammie was a devoted family man, undaunted veteran, active civic leader and diligent public servant; and
Whereas, Sammie was a former mayor and city official of the city of Mannington; and
Whereas, Sammie was an active member of the Mannington bridge committee; and
Whereas, Sammie played an instrumental role in numerous city projects in Mannington that are still evident today; therefore, be it
Resolved by the Legislature of West Virginia:
That honor and recognition is hereby expressed by the members
of the House of Delegates to the life achievements of Sammie W. Hunter by dedicating the Hough Street Bridge in Mannington, Marion County, West Virginia over the Route 1/16 crossing Buffalo Creek at milepost 0.01, "In Memory of Sammie W. Hunter"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; 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.
Delegates Manchin and Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 32 - "Requesting the West Virginia Division of Highways to dedicate the Watson Veterans Bridge over the West Fork River in Watson, Marion County, West Virginia on U.S. Route 250 to the 'Senior Citizens of Watson'."
Whereas, The senior citizens of Watson have been influential in the development and preservation of the history of Watson and the surrounding community; and
Whereas, The senior citizens of Watson continue to play an instrumental role in the development and advancement of Watson; and
Whereas, The senior citizens of Watson should be commended on all their diligent, hard work they have contributed to the surrounding community over the years; and
Whereas, The senior citizens of Watson should receive the praise they deserve by honoring them by dedicating the Watson Veterans Bridge to the "Senior Citizens of Watson Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to dedicate the Watson Veterans Bridge over the West Fork River in Watson, Marion County, West Virginia on U.S. Route 250, to the "Senior Citizens of Watson"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the dedication to the bridge; 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Frich, Armstead, Sumner, Sobonya, Wakim and Howard: H. J. R. 14 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article ten thereof by adding thereto a new section, designated section five-a, relating to taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate of any tax levied or fee imposed may not be enacted unless two thirds of the members of each house, present and voting, vote in the affirmative for passage; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Petitions

Delegate Frederick presented a petition, signed by forty residents of the 24th district, in support of the proposed increase in the cigarette tax; which was referred to the Committee on Finance.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2890 - "A Bill to amend and reenact section three, article twenty-four, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating meaning of certain terms used in West Virginia corporation net income tax act by bringing them into conformity with their meanings for federal income tax purposes; and specifying effective date"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2891 - "A Bill to amend and reenact section three, article fourteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to gasoline and special fuel excise tax; and repealing requirement that tax commissioner annually report by county and individual gas pump within each county amount of gasoline and special fuel excise tax collected"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2892 - "A Bill to amend and reenact section nine, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating the meaning of certain terms used in the West Virginia personal income tax act by bringing them into conformity with their meanings for federal income tax purposes; and updating effective date"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Kominar:
H. B. 2893 - "A Bill to amend and reenact section two-a, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to costs and fines in magistrate court; payment plans; clarifying that a person has the right to pay his or her balance in full or in part at any time; and requiring that a magistrate court accept payments when tendered, notwithstanding the fact that the payment may be premature under a payment plan"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Trump, Canterbury, Faircloth and Blair:

H. B. 2894 - "A Bill to amend and reenact section two, article twenty-two, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that the state excise tax upon the privilege of transferring title to real property shall, after the first day of July, two thousand three, convert to a county excise tax paid to the county in which it is collected"; to the Committee on Political Subdivisions then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Perdue, Staton, Beane, Amores, Brown and Ashley:

H. B. 2895 - "A Bill to amend and reenact section four, article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the secretary of the department of health and human resources to propose a rule requiring dementia specific training for the employees of certain care providers"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Amores, Kominar, Cann, Pino, Webb and Border:
H. B. 2896 - "A Bill to amend chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article four-a, relating to establishing the contractors notice and opportunity to cure act"; to the Committee on the Judiciary.
By Delegates Ashley, Hall and Faircloth:
H. B. 2897 - "A Bill to amend article sixteen-b, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to providing that unborn children are eligible for the children's health insurance program"; to the Committee on Health and Human Resources then Finance.
By Delegates Brown, Webster, Hatfield and Fleischauer:
H. B. 2898 - "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 two-i, relating to requiring a physician to obtain the informed consent of his or her patient before ending the patient's pregnancy by inducing an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, Manuel, Webster, Hatfield, Perdue and Fleischauer:

H. B. 2899 - "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 two-j, relating to emergency contraception"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Calvert, Wakim and Overington:
H. B. 2900 - "A Bill to amend article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-a, relating to requiring the collection of statistics relative to abortions performed in the state"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Carmichael, Frich and Hall:
H. B. 2901 - "A Bill to amend article forty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to requiring medical practitioners who perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement; prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Craig, Morgan and Campbell:
H. B. 2902 - "A Bill to amend article ten, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-w, relating to confidentiality and disclosure of information set forth in oil and gas combined reporting form specified in subsection (d), section three-a, article thirteen-a, of said chapter eleven, specifying confidentiality of certain information reported on oil and gas combined reporting form, specifying exceptions to confidentiality, specifying section not to be construed to prohibit publication or release of summary statistical information derived from oil and gas combined reporting form, authorizing disclosure of oil and gas combined reporting form information to county assessors, division of environmental protection and public service commission, specifying confidentiality and non-disclosure of other information reported under article thirteen-a of said chapter eleven, specifying criminal penalty for unlawful disclosure of confidential information"; to the Committee on the Judiciary then Finance.
By Delegates Ennis and Cann:
H. B. 2903 - "A Bill to amend and reenact section twenty-five, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the playing or singing of the national anthem of the United States at interscholastic athletic events"; to the Committee on Education.
By Delegates Fleischauer, Caputo, Webster, Fragale and Manuel:
H. B. 2904 - "A Bill to amend and reenact section three, article nine, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to classified employee salaries and classification generally; removing certain provisions relating to the availability of funds for funding the salary schedule"; to the Committee on Education then Finance.
By Delegates Fleischauer, Beach, Manuel, Craig, Morgan, Houston and Doyle:

H. B. 2905 - "A Bill to amend and reenact section five, article nine, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing the twenty-year experience cap for the annual experience increment"; to the Committee on Education then Finance.
By Delegates Fleischauer, Amores, Doyle, Manuel, Webster, Hatfield and Brown:

H. B. 2906 - "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 four-e, relating to establishing the collaborative practice for emergency contraception act"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Fleischauer, Amores, Doyle, Manuel, Webster, Hatfield and Brown:

H. B. 2907 - "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 two-j, relating to the 'Responsible Sexuality Education in Schools Act'"; to the Committee on Education.
By Delegates Hatfield, Mezzatesta, Manuel, Doyle and Amores:
H. B. 2908 - "A Bill to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article forty-two, relating to creating an emergency contraception education program within the department of health and human resources"; to the Committee on Health and Human Resources then Finance.
By Delegates Hatfield, Hrutkay, Manuel and Martin:
H. B. 2909 - "A Bill to amend article five-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections twenty and twenty-one, all relating to requiring nursing homes to have quality assurance programs and plans; and specifying requirements"; to the Committee on Health and Human Resources then Finance.
By Delegates Mahan, Stalnaker, Long, Craig and Trump:
H. B. 2910 - "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 three-a, relating to the establishment of an 'Amber alert' system to be utilized to rapidly disseminate information with regard to abducted and missing children"; to the Committee on the Judiciary.
By Delegates Manchin, Overington, Hall and Frich:
H. B. 2911 - "A Bill to amend article forty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to requiring medical facilities that provide abortions to warn women seeking an abortion of their increased risk of breast cancer"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Mezzatesta:
H. B. 2912 - "A Bill to amend and reenact section seven, 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 former state employees who were members of the West Virginia public employees retirement system prior to the first day of July, one thousand nine hundred ninety-one, who became employed with a school district after the first day of July, one thousand nine hundred ninety-one, and who were precluded from becoming members of the state teachers retirement system in favor of the defined contribution retirement system, to exercise the option to transfer to the state teachers retirement system"; to the Committee on Pensions and Retirement then Finance.
By Delegate Varner:
H. B. 2913 - "A Bill to amend and reenact section twenty, article twenty-two, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to municipal pension and relief funds; and allowing municipalities that elected to use the alternative funding method for their pension and relief funds to return to the standard funding method"; to the Committee on Pensions and Retirement then Finance.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2914 - "A Bill to repeal sections fourteen through forty-two, article twenty-four, chapter thirty-three of the code of West Virginia, as amended; to repeal section twenty-seven, article ten of said chapter; to amend article twenty-four of chapter thirty-three by adding thereto a new section, designated section fourteen; to amend and reenact sections one, two, three, four, ten, eleven, thirteen, fourteen, eighteen, nineteen-a, twenty-six, twenty-eight, twenty-nine, thirty, thirty-six, thirty-eight and thirty-nine of article ten of said chapter; and to amend and reenact article ten of said chapter by adding thereto ten new sections, designated sections four-a, four-b, four-c, four-d, four-e, twenty-six-a, twenty-six-b, twenty-six-c, twenty-six-d, and forty, all relating to the rehabilitation and liquidation of insurers subject to the regulatory authority of the West Virginia insurance commissioner; revising delinquency proceedings; clarifying what parties will be affected upon the effective date of the revisions; expanding the liquidators powers, expediting appeals, modifying current state law relative to liquidation proceedings so as to create conformity with recent federal case law and making numerous technical changes"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Pethtel:
H. B. 2915 - "A Bill to authorize continued payment of Class VI rate of compensation to the prosecuting attorney of Wetzel County; and to provide that the prosecuting attorney shall remain in part-time status"; to the Committee on Political Subdivisions then the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beane, Kuhn, Ennis, Martin, Wright, Leggett and Caruth:
H. B. 2916 - "A Bill to amend and reenact section ten, article two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the state geological and economic survey."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2916) will be placed on the Consent Calendar.
Consent Calendar

Third Reading

H. B. 2864, Continuing the office of explosives and blasting; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 35), 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, Faircloth and R. M. Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2864) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bill and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2008, Providing good-faith background checks for law-enforcement personnel,
H. B. 2802, Providing for a legal description in deeds creating an easement right-of-way,
And,
H. B. 2879, Continuing the West Virginia commission on holocaust education.
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. 2266, Providing authority for state fire marshals to cooperate with and assist other law-enforcement agencies,
Com. Sub. for H. B. 2281, Raising the allowable earnings limit of higher education faculty who retired under the severance plan,
H. B. 2383, Requiring the state department of education to submit a comprehensive teacher certification plan to LOCEA for adopting prior to July 1, 2003,
H. B. 2763, Allowing original equipment mounted auxiliary lighting devices for use only when the vehicle is used off road,
H. B. 2888, Continuing the board of osteopathy,
And,
H. B. 2889, Continuing the board of examiners of psychologists.
Special Calendar

Unfinished Business

H. C. R. 15, Naming the bridge located between Lillyhaven and Lillydale in Wyoming County, West Virginia, the "Roger Gene Craig Bridge"; coming up in regular order, as unfinished business, was read by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 3, Naming the bridge that crosses the Capon River on Route 259 at Yellow Spring, Hampshire County, the "Kenneth Seldon Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. C. R. 5, Requesting Division of Highways name bridge near Jackson's Mill "Homer Bennett Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. R. 10, Recognizing, commending and urging the support of the work, contributions and opportunities that West Virginia Rural Champion Communities can provide this state; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. C. R. 18, Naming the new bridge on Winchester Street which crosses the CSX Railroad in Paw Paw, Morgan County, West Virginia, the "PFC Ray W. Stotler Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 19, Naming the new bridge on Route 9 which crosses the CSX Railroad in Paw Paw, Morgan County, West Virginia, the "The American Legion Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 20, Erecting a road sign on state route 61 near Beardsfork Hollow, Fayette County, West Virginia, honoring Walter "Mike" South, former President of the Black Lung Association; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

H. B. 2268, Teachers and substitute teachers as professional educators and addressing the critical need and shortage thereof; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page ten, line eighty-seven, following the words "two thousand" strike the word "one" and insert the word "three".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2705, Relating to the supervision of adult offenders and authorizing a compact for the supervision of adult offenders; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absences

At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Coleman, Faircloth and R. M. Thompson.
At 11:44 a. m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 10, 2003.