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Monday, February 24, 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 Friday, February 21, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Conference Committee Report Availability

At 11:13 a. m., the Clerk announced the availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2121.
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. C. R. 27, "Requesting the Joint Committee on Government and Finance study the impact of the diminishing tax base and loss of revenue that occurs when federal and state parks and forests located within the state geographically expand,"
And reports the same back with the recommendation that it be adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3019, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,
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. 3019) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2715, Modernizing the regulation of surplus lines insurers by enactment of the NAIC nonadmitted insurance model act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2715 - "A Bill to amend and reenact article twelve-c, chapter thirty- three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to nonadmitted insurers and the regulation of surplus lines insurance; defining terms for implementation of the NAIC nonadmitted insurers model act; establishing consistency among states; providing specific provisions from the model; liberalizing reciprocity for licensing nonresident surplus lines licensees; providing grounds upon which the commission may deny a nonadmitted insurer access to the state; providing for the regulation of surplus lines; enforcement; violations; penalties; service of process; and eliminating certain conflicting excess line related provisions,"
With the recommendation that the committee substitute do pass.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2118, Adjusting the retirement benefits for all members of the West Virginia state police retirement system,
And reports the same back, by unanimous vote of the Committee, with a title amendment, with the recommendation that it do pass, as amended, 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 (H. B. 2118) 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 (H. B. 2118) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2438, Allowing teachers who withdrew from the teachers' retirement system in favor of the defined contribution retirement system to return to the teachers' retirement system,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2438 - "A Bill to amend and reenact section thirty-six, 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; providing for a joint study of merging the teachers defined contribution retirement system with the state teachers' retirement system; requiring report and proposed legislation; and specifying due date,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2438) 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. 2438) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2731, Providing dedication of a portion of pari-mutuel proceeds be utilized to fund employee retirement plans at certain racing facilities,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2731) to the Committee on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2731) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 3073, Allowing law-enforcement officers employed by the division of protective services, under certain circumstances, to become a member of the deputy sheriffs' retirement system,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 3073 - "A Bill to amend and reenact sections five and seven, article fourteen-d, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the deputy sheriffs retirement plan; allowing certain law-enforcement employees of the division of protective services to become members of the deputy sheriffs' retirement system; setting forth contribution dates; transfer between retirement systems; repurchase of withdrawn time; and specifying effective date,"
With the recommendation that the committee substitute do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for H. B. 3073) was referred to the Committee on Finance.
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. 2828, Increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2828) was taken up for immediate consideration, read a first time, ordered to second reading and then, in the absence of objection, referred to the Committee on Finance.
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. 2194, Reimbursement to police agencies for training and certification costs,
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. 2194) 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. 2910, Establishing an "Amber Alert" system to be utilized to rapidly disseminate information with regard to abducted and missing children,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for 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,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2910) 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. 2599, Authorizing the Department of Education and the Arts to promulgate legislative rules,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2599 - "A Bill to amend and reenact article four, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; and authorizing the division of culture and history to promulgate a legislative rule relating to the cultural facilities and capital resources grant program,"
H. B.'s 2614, 2615, 2641 and 2662, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2615 - "A Bill to amend and reenact article six, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing the fire commission to promulgate a legislative rule relating to the state building code; disapproving the fire commission to promulgate a legislative rule relating to fire department rescue services; authorizing the juvenile facilities standards commission to promulgate a legislative rule relating to minimum standards for the structure, operation and maintenance of juvenile detention and correctional facilities; and authorizing the state police to promulgate a legislative rule relating to the state police career progression system,"
And,
H. B.'s 2572, 2573, 2578, 2579, 2580, 2647 and 2648, Authorizing the Department of Transportation to promulgate legislative rules,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2648 - "A Bill to amend and reenact article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing the division of highways to promulgate a legislative rule relating to traffic and safety; authorizing the division of highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways; authorizing the division of motor vehicles to promulgate a legislative rule relating to the examination and issuance of driver's licenses; authorizing the division of motor vehicles to promulgate a legislative rule relating to the motor vehicle test and lock program; authorizing the division of motor vehicles to promulgate a legislative rule relating to the motor vehicle inspection manual; authorizing the division of motor vehicles to promulgate a legislative rule relating to the denial, suspension, revocation or nonrenewal of driving privileges; and authorizing the division of motor vehicles to promulgate a legislative rule relating to motor vehicle dealers, wrecker/dismantler/rebuilder and license services, automobile auctions, vehicle leasing companies, daily passenger rental car businesses and administrative due process,"
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. 2599, Com. Sub. for H. B. 2615 and Com. Sub. for H. B. 2648) will be placed on the Consent Calendar.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 51, Extending the conference committee as to the consideration of H. B. 2122.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 33 - "Requesting the United States government, including President George W. Bush, Homeland Security Secretary Tom Ridge and members of West Virginia's congressional delegation, expedite funding to improve the security of farm produce grown in West Virginia and other states."
Whereas, There is a real threat that enemies of this country will attempt to commit acts of terrorism which will injure or kill many citizens; and
Whereas, Enemy agents and terrorist sleeper cells may already have the means to poison or contaminate food sources, including farm produce, in this country; and
Whereas, No state or local authority has the resources or manpower to provide the necessary security and surveillance that is required to protect these food sources, including farm produce, from sabotage or contamination by acts of terrorism without the help and support of the federal government; and
Whereas, An improvement in the state's ability to provide surveillance would enhance the ability of the West Virginia Department of Agriculture in providing the leadership and coordination necessary to ensure a safe supply of farm produce in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Government, including President George W. Bush, Homeland Security Secretary Tom Ridge and West Virginia's congressional delegation, expedite funding to improve the security of farm produce grown in West Virginia and other states; and, be it
Further Resolved, That the Clerk of the Senate is hereby requested to forward a copy of this resolution to President George W. Bush, Homeland Security Secretary Tom Ridge and the members of West Virginia's congressional delegation.
Resolutions Introduced

Delegate Martin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 52 - "Requesting the Division of Highways name the new bridge from Pomeroy, Ohio, to Mason, West Virginia, the 'Bridge of Honor' in memory of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart and requesting the Division of Highways also name the road leading to the bridge in West Virginia in memory of Staff Sergeant Jimmy G. Stewart."
Whereas, General James V. Hartinger was born in Middleport, Ohio, in 1925. He graduated from high school in Middleport in 1943 and was drafted into the U. S. Army in July, 1943. He attained the rank of Sergeant while serving in the infantry. After World War II, he entered the U. S. Military Academy, West Point, New York, and was commissioned a Second Lieutenant in the U. S. Air Force. He was assigned to the 36th Fighter-bomber Wing as a jet fighter pilot at Furenfeldbruck Air Force Base, Germany. Subsequently, he transferred to the 474th Fighter-bomber Wing at Kunsan Air Base, South Korea, where he flew his first combat missions in F-84 Thunderjets. From December, 1966, to December, 1967, he was assigned to Headquarters 7th Air Force at Tan Son Nhut Air Base, Republic of Vietnam, during which he completed more than 100 aerial combat missions. He was named Commander-in-Chief of the North American Aerospace Defense Command (NORAD) in 1979 and promoted to four-star General. He is known as the "Founding Father" of the Air Force Space Command. The headquarters building at NORAD is named the James Hartinger Building and the Hartinger Medal is awarded annually for extraordinary achievement in space; and
Whereas, General Hartinger was a command pilot with more than five thousand flying hours and was the first recipient of the Master Space Badge. His military decorations and awards include: The Defense Distinguished Service Medal, Distinguished Service Medal (Air Force) with oak leaf cluster, Legion of Merit with oak leaf cluster, Distinguished Flying Cross, Air Medal with eight oak leaf clusters, Air Force Commendation Medal, Combat Readiness Medal and the Republic of Korea Order of National Security Merit Tung II; and
Whereas, General James V. Hartinger retired July 31, 1984, after a distinguished military career that spanned five decades. He continued to be active as an advisor and speaker on Air Force and space matters until his death October 9, 2000; and
Whereas, Jimmy G. Stewart was born on December 25, 1942, in West Columbia, Mason County; and
Whereas, Jimmy G. Stewart was killed May 8, 1966, in action in Vietnam. A surprise early morning attack wounded five members of a six-man squad in Company B of the 2/12 Cavalry Regiment which left Staff Sergeant Jimmy G. Stewart alone against a Vietnamese platoon. He emptied magazine after magazine of ammunition at the enemy force; and when grenades were thrown at Company B's position, he retrieved the grenades and threw them back at the attacking forces. Staff Sergeant Jimmy G. Stewart held his position through three assaults over four hours until reinforcements arrived. Troops found the body of Staff Sergeant Jimmy G. Stewart in an enemy foxhole where he had advanced to add fire in support of the incoming reinforcements. The wounded members of his squad were recovered and evacuated; and
Whereas, Jimmy G. Stewart, with conspicuous gallantry and bravery, unselfishly gave his life to protect and save his wounded squad members and comrades in arms; and
Whereas, Jimmy G. Stewart received, posthumously, this nation's highest military award, the Congressional Medal of Honor, "For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty"; and
Whereas, The lives, accomplishments and sacrifices of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the new bridge from Pomeroy, Ohio, to Mason, West Virginia, the "Bridge of Honor" in memory of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart and also hereby requests the Division of Highways name the road leading to the bridge in West Virginia in memory of Staff Sergeant Jimmy G. Stewart; and, be it
Further Resolved, That the Division of Highways provide and erect a sign at either end of the bridge displaying the name "Bridge of Honor", together with a sign naming the road leading to the bridge in West Virginia displaying the name of Staff Sergeant Jimmy G. Stewart; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving families of General James V. Hartinger and Staff Sergeant Jimmy G. Stewart.
Mr. Speaker, Mr. Kiss offered the following resolution, which was read the Clerk as follows:
H. C. R. 53 - "Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2122, relating to medical professional liability generally."
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the Committee of Conference is hereby extended for a period of three days for the express purpose of consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2122.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 53) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 98), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Coleman, Hall and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 53) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
S. B. 163, Continuing driver's licensing advisory board,
S. B. 282, Continuing division of motor vehicles,
H. B. 2282, Relating to payment to magistrates who serve temporarily outside their elected counties,
H. B. 2505, Allowing municipalities to establish a procedure for run-off elections in cases of tie votes in municipal elections,
Com. Sub. for H. B. 2712, Including mental health parity applicability to nonemployer groups,
Com. Sub. for H. B. 2835, Creating a special revenue fund for receipt of gifts, donations, etc. to support the operation of veterans facilities created by statute,
And,
H. B. 2891, Repealing the requirement that the tax commissioner annually report the amount of gasoline and special fuel tax collected in each county.
On the passage of the bills, the yeas and nays were taken (Roll No. 99-106), 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: Campbell, Coleman and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 163, S. B. 282, H. B. 2282, H. B. 2505, Com. Sub. for H. B. 2712, Com. Sub. for H. B. 2835 and H. B. 2891) passed.
Delegate Staton moved that H. B. 2282 take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 107), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Coleman and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2282) takes effect July 1, 2003.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein.
Second Reading

S. B. 182, Meeting federal standards for certain child passenger seats and safety devices; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2240, Allowing persons purchasing or renewing hunting or fishing licenses to donate to the "hunters helping the hungry program"; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2878, Allowing certain municipalities providing advanced life support ambulance services to examine, train and employ fire medics; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Political Subdivisions, was reported by the Clerk and adopted, amending the bill on page one, line twenty-one, by striking out everything following the enacting clause and inserting in lieu thereof the following:
"That article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-a, to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-20a. Special examination for firefighter paramedic.
(a) A municipality with a firefighter's civil service commission providing an advanced life support ambulance service licensed by the state health department may also administer a special examination for the position of firefighter paramedic.
(b) An applicant for the position of firefighter paramedic shall: (1) be a licensed paramedic; (2) successfully pass the firefighter paramedic examination; and (3) meet the requirements of section seventeen of this article.
(c) Any person employed as a firefighter paramedic under the provisions of this section shall: (1) maintain a paramedic license; (2) complete all required fire service training; and (3) comply with all other provisions of this article applicable to the continued employment of firefighters.
(d) Every position of firefighter paramedic, unless filled by promotion, reinstatement, reduction or a current firefighter, shall be filled only in the manner specified in section twenty of this article."
There being no further amendments, the bill was then ordered to engrossment and third 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:
H. B. 3009, Excluding certain records from the freedom of information act that are collected in the interest of homeland security by governmental bodies,
H. B. 3010, Exempting from the governmental meetings act discussions by a governmental body of certain activities relating to homeland security terrorist threats,
And,
H. B. 3187, Relating to the authority of the state superintendent to grant certain limited exceptions to provisions for the scheduling and use of instructional days and times in certain circumstances.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 164, Continuing office of coalfield community development,
S. B. 166, Continuing oil and gas inspectors' examining board,
S. B. 414, Authorizing real estate commission to enter into license reciprocity agreements with other states,
S. B. 415, Continuing environmental quality board,
S. B. 417, Continuing commission for deaf and hard-of-hearing,
S. B. 461, Updating section of corporation net income tax act for federal income tax purposes,
S. B. 462, Updating certain terms in personal income tax act for federal income tax purposes,
S. B. 469, Continuing contractor licensing board,
S. B. 471, Continuing board of pharmacy,
Com. Sub. for H. B. 2003, Allowing municipalities to self-insure together and promulgation of rules by the Commissioner of Insurance,
Com. Sub. for H. B. 2126, Strengthening penalties relating to violations of fire laws and rules,
Com. Sub. for H. B. 2357, Authorizing the aeronautics commissioner to expense funds,
Com. Sub. for H. B. 2500, Clarifying the authority of the courts to continue protective orders during certain proceedings,
Com. Sub. for H. B. 2733, Increasing funds in the special revenue accounts for the criminal investigation division and the special audits division,
Com. Sub. for H. B. 2868, Allowing alcohol beverage control commissioner to enter into contracts for sale and promotion of certain proprietary scanner technology,
And,
H. B. 3188, Conditions for obtaining driver's license, denial, revocation and limitation on reinstatement of the same.
Special Calendar

Unfinished Business

H. C. R. 22, Naming I-64 from the Virginia state line to the Kentucky state line the "Purple Heart Trail"; 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. 28, Renaming the Barrackville Bridge on Route 21, in Marion County, the "Oce Smith 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. 29, Renaming the Mannington Bridge in Marion County, on Route 11, the "Regillo Brothers 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. 31, Dedicating the Hough Street Bridge in Mannington, Marion County, in memory of Sammie W. Hunter; 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. 32, Dedicating the Watson Veterans Bridge over the West Fork River in Watson, Marion County, to the "Senior Citizens of Watson"; 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. R. 15, Designating February 19, 2003, as "Law-Enforcement Appreciation Day"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third Reading

S. B. 205, Modifying criminal intent for animal cruelty crimes; fines; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 108), and there were--yeas 82, nays 16, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Boggs, Browning, Cann, Hamilton, Kominar, Leggett, Mezzatesta, Perdue, Perry, Shaver, Shelton, Stemple, Thompson, R., White, H., Williams and Yeager.
Absent And Not Voting: Coleman and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 205) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 205 - "A Bill to amend and reenact section twelve, article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section nineteen, article eight, chapter sixty-one of said code, all relating to modifying the criminal intent requirement for animal cruelty crimes; increasing the fine applicable to convicted persons; creating a felony offense for intentionally torturing or maliciously killing animals; and mandating that persons convicted of animal cruelty be prohibited from possessing, owning or residing with animals for varying periods depending on whether the person is convicted of a misdemeanor or felony."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2749, Allowing for reciprocal licensing of physical therapists from other states and countries; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Amores asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of amendments on third reading.
On motion of Delegate Amores, the bill was then amended on page three, section six-a, line sixteen, following the word "board" by inserting a comma and the words: "approved by the West Virginia physical therapy board" and a comma.
And,
On page three, section six-a, line seventeen, following the word "licensed" by changing the period to a colon and inserting the following proviso: "Provided, however, That the applicant must demonstrate language proficiency as required by the rules of the West Virginia board of physical therapy."
There being no further amendments, and having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 109), and there were--yeas 77, nays 21, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Border, Brown, Canterbury, Caruth, Duke, Ellem, Evans, Faircloth, Frederick, Frich, Hall, Leggett, Long, Louisos, Overington, Schadler, Sobonya, Sumner, Wakim, Walters and Webb.
Absent And Not Voting: Coleman and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2749) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2823, Modifying delinquent real and personal property collection and purchase requirements; on third reading, coming up in regular order, was, on motion of Delegate Staton, postponed until the completion of bills on the first reading calendar.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to third reading:
S. B. 165, Continuing commission for national and community service,
S. B. 416, Continuing massage therapy licensure board,
And,
S. B. 418, Continuing investment management board.
Com. Sub. for H. B. 2359, Allowing the state fire marshal to retain all of the special revenue fees collected by his office; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Michael, the bill was amended on page eight, line one-hundred ten, following the word "fire" by striking the word "marshal" and inserting in lieu thereof the word "commission".
The bill was then ordered to engrossment and third reading.
H. B. 2696, Removing certain limitations on the commissioner of agriculture to increase fees of certain services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2847, Making the law-enforcement agency that places a person under arrest responsible for that person's initial transportation to a regional or county jail; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Political Subdivisions, was reported by the Clerk and adopted, amending the bill on page three, section thirteen, line five, following the word "person" by striking out the words "Provided, That the county commission shall not allow the sheriff expenses for the initial transportation to a regional jail of a person arrested by a law-enforcement agency other than the county sheriff" and inserting in lieu thereof the words "Provided, That the law- enforcement agency that places a person under arrest shall be responsible for the person's initial transportation to a regional or county jail".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2902, Relating to confidentiality and disclosure of information set forth in oil and gas combined reporting form; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2528, Establishing a flood prevention task force by law,
H. B. 2765, Relating generally to insurance vending machines,
And,
Com. Sub. for H. B. 2965, Authorizing the division of corrections and the state fire marshal to retire, transfer or dispose of canines used within these departments.
H. B. 2823, Modifying delinquent real and personal property collection and purchase requirements; on third reading, having been postponed until this time, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 110), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Louisos and Wakim.
Absent And Not Voting: Coleman and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2823) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absences

At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Coleman and Schoen.
At 12:02 p. m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 p. m., and reconvened at that time.
* * * * * * * * * *

Evening Session

* * * * * * * * * *

Reordering of the Calendar

Delegate Staton announced that the Committee on Rules had transferred Com. Sub. for H. B. 3014, on first reading, House Calendar, to the Special Calendar.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2961, Limiting idling school bus engines for more than five minutes except for certain reasons,
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. 2961) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 3074, Allowing a retired member of the teachers' retirement system to be reemployed on a contract basis,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub for H. B. 3074 - "A Bill to amend and reenact section seventeen, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing retired members of the teachers' retirement system to work up to one hundred eighty days for a public employees' retirement system employer,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3074) 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. 3074) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3045, Implementing the Master Tobacco Settlement Agreement,
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. 3045) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2797, Authorizing the DMV to reimburse members of the motor vehicle dealer advisory board and the motorcycle safety awareness board for necessary expenses,
And reports the same back with the recommendation that it do pass.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3046, Facilitating compliance with and enforcement of provisions of the Tobacco Master Settlement Agreement,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3046 - "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, designate nine-d, all relating generally to facilitating and enforcing compliance with tobacco master settlement agreement and with laws implementing that agreement; imposing civil and criminal penalties for failure to comply; and specifying internal effective dates,"
H. B. 2056, Creating the Great Family Literacy Act and establishing a voluntary checkoff on income tax returns to help fund the program,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2056 - "A Bill to amend article three, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-b, relating to creating a voluntary checkoff on income tax returns for donations from refunds for family literacy program grants to schools and libraries; requiring state superintendent to administer program through the division of technical and adult education family literacy initiative; and requiring state superintendent to propose legislative rules to implement the program,"
And,
H. B. 2083, Expanding personnel covered by job sharing in the school system,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2083 - "A Bill to amend and reenact section thirteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article one, chapter eighteen-a of said code, all relating to county boards of education generally and expanding job sharing arrangements to include employees who are not professional employees; requiring written agreements for job-sharing arrangements; requiring agreements to specify which employee is eligible for insurance coverage; and requiring affirmative vote of county school service personnel before county board may enter into such arrangements with service personnel",
With the recommendation that the committee substitutes each do pass.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Doyle, Leach, Proudfoot, Boggs, Cann and Hall:
H. B. 3189 - "A Bill to amend and reenact section eight, article one, chapter five-e of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reducing the total tax credits available under the capital company act."
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S.B. 283, Continuing public service commission,
And reports the same back with the recommendation that it do pass.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S.B. 284, Continuing division of purchasing within department of administration,
And,
S.B. 470, Continuing board of manufactured housing construction and safety,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they 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 (S. B. 284 and S. B. 470) will be placed on the Consent Calendar.
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. 2713, Authorizing corporations incorporated under the laws of states other than West Virginia to apply for, obtain and maintain a certificate of authority to operate a health maintenance organization,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2713 - "A Bill to amend and reenact section three-a, article twenty- five-a, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing health maintenance organizations incorporated in other states to operate in West Virginia,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2713) will be placed on the Consent Calendar.
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. 2744, Eliminating the exemption for government employees performing electrical work on governmental property from having to possess an electrician's license,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2744 - "A Bill to amend and reenact section three, article three-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to eliminating the exemption of government employees performing electrical work on governmental property from the electrician's licensing provisions of the code,"
With the recommendation that the committee substitute do pass.
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. 2700, Adding health maintenance organization review committee to the definition of "review organizations",
And reports the same back with the recommendation that it do pass, 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. 2700) was 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.'s 2561, 2570, 2586, 2587, 2588, 2589, 2590, 2591, 2592, 2593, 2594, 2595, 2596 and 2655, Authorizing the Department of Administration to promulgate legislative rules,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2592 - "A Bill to amend and reenact section one, article one, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact article two of said chapter, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain legislative rules with amendments; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule- making review committee and as amended by the Legislature; authorizing the department of administration to promulgate a legislative rule relating to the general administration of records management and preservation; authorizing the department of administration to promulgate a legislative rule relating to records retention and disposal scheduling; authorizing the department of administration to promulgate a legislative rule relating to the management of records maintained by the records center; authorizing the department of administration to promulgate a legislative rule relating to technology access for the visually impaired; authorizing the department of administration to promulgate a legislative rule relating to parking; authorizing the department of administration to promulgate a legislative rule relating to qualifications for participation; authorizing the auditor to promulgate a legislative rule relating to the standards for requisitions for payment issued by state officers on the auditor; authorizing the auditor to promulgate a legislative rule relating to the transaction fee and rate structure; authorizing the consolidated public retirement board to promulgate a legislative rule relating to the public employees retirement system; authorizing the consolidated public retirement board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the consolidated public retirement board to promulgate a legislative rule relating to the teachers defined benefit plan; authorizing the consolidated public retirement board to promulgate a legislative rule relating to the West Virginia state police disability determination and appeal process; authorizing the ethics commission to promulgate a legislative rule relating to lobbying; and authorizing the division of personnel to promulgate a legislative rule relating to the division.
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2592) 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. 2991, Relating to the fee charged by fiduciary commissioners in settling an estate,
And,
H. B. 3150, Barring state officers, agencies or entities from requiring that surety, payment, performance or bid bonds be obtained from any particular company,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each 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. 2991 and H. B. 3150) 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. 2692, Including boat retailers in the special method for appraising dealer vehicle inventory,
And reports the same back, with amendment, by unanimous vote of the Committee, 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. 2692) was referred to the Committee on Finance.
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. 2679, Authorizing certain counties to count absentee ballots during election period,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2679 - "A Bill to repeal section forty, article one, chapter three of the code of West Virginia, one thousand nine hundred and thirty-one, as amended; to repeal section twenty-one, article four-a of said chapter; to repeal section twenty-one, article nine, of said chapter; to amend and reenact sections seven, nine, twenty, twenty-one, twenty-four, twenty-five, twenty- eight, twenty-nine, thirty, thirty-four, thirty-nine, forty-one, forty-four and forty-five, article one, of said chapter; to amend and reenact sections two, thirteen and thirty, article two of said chapter; to amend and reenact sections one, two, two-a, three, five, five-c, seven, eight, ten and eleven, article three of said chapter; to amend and reenact sections ten and twenty-three, article four of said chapter; to amend and reenact sections nine, nineteen, twenty-two, twenty-four-a and twenty-seven, article four-a of said chapter; to amend and reenact sections ten, thirteen, fifteen and nineteen, article five of said chapter; to amend and reenact sections three, four-a, five, six, seven and nine, article six of said chapter; to amend and reenact sections one and four, article seven of said chapter; to amend and reenact section two, four, five, eight and twelve, article eight of said chapter; to amend and reenact sections seven and eight, article ten of said chapter; and to amend and reenact section two, article six, chapter eight of said code, all relating to elections generally; providing for requiring written notice to registered voters if precinct is changed; clarifying how members of the state executive committees are elected; specifying the information to be on the general information cards; providing for federal requirements relating to voting information cards; providing for procedures when voting a provisional ballot; providing instruction on casting a provisional ballot; requiring posting of names of official write-in candidates; requiring all information available to voters on election day to be available during the early in-person voting period; requiring the circuit clerk to transfer absentee ballots to the clerk of the county commission where clerk of the county commission is responsible for absentee voting; authorizing poll clerks to pick up election supplies; authorizing reimbursement for county employees who deliver elections supplies; prohibiting election officials from also being official write-in candidates; making expanded receiving boards optional; clarifying that alternate election officials to be paid for attending training; changing challenged ballot to provisional ballot throughout; clarifying that the clerk of the county commission may use election records and returns to update voter registration records; eliminating the requirement for the immediate arrest of a person accused of voting illegally; establishing procedures for taking and securing affidavits regarding illegal voting; providing for the secured affidavits to be given to the prosecuting attorney; establishing procedures for challenging ballots and voting a provisional ballot; requiring that the secretary of state establish a system to allow provisional voters to learn whether or not their vote was counted and why; requiring the circuit court to decide proceedings to compel performance of election duties within fifteen days; clarifying when seventeen year olds may vote in municipal elections; providing that voter registration services will be provided whenever the office of the clerk of the county commission is open for business; clarifying that the secretary of state must periodically review and revise the rule relating to voter registration; clarifying that voter registration lists or data files may not be used or sold for commercial or charitable solicitations or advertising; changing regular absentee voting to early in-person voting; allowing voters who have resided in a nursing home for less than thirty day to vote by an emergency absentee ballot; clarifying that absentee ballots require a mail-in absentee ballot application; authorizing two representatives to assist with absentee voting and establishing qualifications; expanding the early in-person voting period to twenty days; eliminating voting on Monday before a Tuesday election and adding voting on the two Saturdays prior to the election; requiring notice to voters that Monday voting is no longer available; clarifying procedures for and materials required for early in-person voting; authorizing representatives to sign the back of mail-in ballots; requiring proper supplies be sent to mail-in absentee voters; establishing measures for securing mail-in absentee ballots; providing that the emergency absentee ballot commissioners must sign an oath; authorizing counties that use paper ballots to begin counting absentee ballots at nine o'clock the morning of election day; removing certain requirements for challenging absentee ballots; allowing ballot commissioners and the clerk of the circuit court to use printed facsimile signature; requiring that all electronic voting system materials be retained twenty- two months; providing that a person who assist voters cast their ballots can not be a candidate on the ballot or an official write-in candidate; removing the requirement that write-in votes be indicated by punching out write-in voting position on a punch card ballot in addition to entering the candidate's name; providing that the publication of sample ballots will be made not more than twenty-six nor less than twenty days prior to the primary and general elections; requiring numbers and perforated stubs on paper ballots; clarifying the requirements for an executive committee to call a meeting to fill vacancies on a ballot; allowing issues of candidate eligibility to be brought before the election commission; requiring the certificate of announcement for a write-in candidate be received by the close of business the eighteenth day prior to the election; requiring contests for state offices, legislative seats and judgeships to be filed within ten days of the certification of the election; removing the requirement that political committees advocating for or against an issue file financial statements; excluding federal political action committees from filing with the state; allowing a change of treasurer of a campaign committee by filing a written statement; requiring that candidates in a primary election file financial statements on the last Saturday in March or within six days thereafter; requiring that candidates in a general election file financial statement on the first Saturday in September or within six days thereafter; eliminating requirement that financial reports be notarized and requiring them to be sworn; allowing corporations to participate in nonpartisan registration and get-out-the-vote campaigns; prohibiting anonymous radio or television advertisements advocating the election or defeat of candidates; clarifying how a vacancy in the office of county commissioner or clerk of the county commission is to be filled; removing requirement to fill certain vacancies by election if the unexpired terms is greater than one year; removing inconsistent time frames for holding annexation election; and clarifying that a majority of votes in the municipality and a majority of votes in the territory to be annexed determine the outcome of annexation elections,"
With the recommendation that the committee substitute do pass.
Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 24'th day of February, 2003, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 215), Making supplementary appropriation to department of health and human resources, health care authority,
And,
(S. B. 281), Continuing department of environmental protection.
Senate Messages

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2120, Relating to workers' compensation generally.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
[Note from the Clerk of the House: For complete text of amendment, see Journal of the Senate, Friday, February 21, 2003, pp 23-284.]
On motion of Delegate Staton, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 2763, Allowing original equipment mounted auxiliary lighting devices for use only when the vehicle is used off road.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, by striking out everything following the enacting section and inserting in lieu thereof the following:
"ARTICLE 15. EQUIPMENT.
§17C-15-17. Spot lamps and other auxiliary lamps.

(a) Spot lamps. -- Any motor vehicle except a public utility company maintenance vehicle may be equipped with not to exceed more than one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle. A public utility company maintenance vehicle may be equipped with more than one spot lamp but all lighted spot lamps shall be aimed and used in conformity to the requirements of this subsection.
(b) Fog lamps. -- Any motor vehicle may be equipped with not to exceed more than two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes.
(c) Auxiliary passing lamp. -- Any motor vehicle may be equipped with not to exceed more than one auxiliary passing lamp mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands and every auxiliary passing lamp shall meet the requirements and limitations set forth in this article.
(d) Auxiliary driving lamp. -- Any motor vehicle may be equipped with not to exceed more than one auxiliary driving lamp mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands and every such auxiliary driving lamp shall meet the requirements and limitations set forth in this article.
(e) Roof-mounted off-road light bar lighting device. -- Any motor vehicle may be equipped with a roof-mounted off-road light bar lighting device comprised of multiple lamps: Provided, That whenever the vehicle is operated or driven upon any road or highway of this state, the roof-mounted off-road light bar lighting device shall be turned off and covered with an opaque covering that prohibits light from being emitted while the vehicle is being operated on any road or highway of this state."
And,
By amending the title of the bill to read as follows:
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 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."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 111), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Ferrell, Shaver and Williams.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2763) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 112), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Ferrell, Shaver and Williams.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2763) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of the concurrent resolutions of the House of Delegates as follows:
H. C. R. 3, Naming the bridge that crosses the Capon River on Route 259 at Yellow Spring, Hampshire County, the "Kenneth Seldon Bridge",
H. C. R. 11, Naming the bridge located on Route 85, Kopperston Road, Wyoming County, West Virginia, the "Wavel Wayne Powell Bridge",
H. C. R. 15 , Requesting the West Virginia Division of Highways to name the bridge located between Lillyhaven and Lillydale on State Route 971, Wyoming County, West Virginia, the "Roger Gene Craig Bridge",
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",
H. C. R. 18, Requesting the Commissioner of the Division of Highways to name the newly constructed bridge on Winchester Street which crosses the CSX Railroad in Paw Paw, Morgan County, the "PFC Ray W. Stotler Memorial Bridge",
H. C. R. 19, Requesting the Commissioner of the Division of Highways to name the newly constructed bridge on Route 9 which crosses the CSX Railroad in Paw Paw, Morgan County, West Virginia, "The American Legion Bridge" in honor of those men and women who honorably served their country in the United States Armed Forces,
H. C. R. 20, Requesting the West Virginia Division of Highways to erect a road sign on State Route 61 out of Oak Hill near Beardsfork Hollow, Fayette County, West Virginia, honoring Walter "Mike" South, former President of the Black Lung Association,
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",
And,
H. C. R. 53, Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2122, relating to medical professional liability generally.
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. 95 - "A Bill to amend and reenact sections two, three and four, article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the size, weight and load of vehicles; increasing the maximum length and width of certain vehicles; and increasing the maximum length of the combination of certain vehicles coupled together"; which was referred to the Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 170, Requiring informed consent for abortion; other provisions.
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
Com. Sub. for S. B. 354 - "A Bill to amend article four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four hundred eleven, relating to creating the offense of operating or attempting to operate a clandestine drug laboratory; defining clandestine drug laboratory; offenses; penalties; and requiring payment for costs of remediation"; which was referred to the Committee on the Judiciary.
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. 635 - "A Bill to amend and reenact sections twenty-nine and thirty, article seven, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to clarifying that foster care services do not constitute behavioral health care services; and directing the West Virginia supreme court of appeals and department of health and human resources to promulgate court orders for out-of-home placements"; which was referred to the Committee on the Judiciary.
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. 636 - "A Bill to amend and reenact section ten, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section six, article three-a of said chapter, all relating to exemption of commodities and services offered or produced by nonprofit workshops from competitive bidding requirement"; which was referred to the Committee on the Judiciary.
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. 357 - "A Bill to amend and reenact section thirty-a, article thirteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the standard nonforfeiture law for individual deferred annuities"; which was referred to the Committee on Banking and Insurance and then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 28 - "Requesting the Division of Highways name the bridge located on the West Virginia Turnpike at milepost 83.43, spanning Cabin Creek and Kanawha County Route 79/3, as the 'Mother Jones Labor Heritage Bridge'."
Whereas, Mary Harris Jones, renowned octogenarian and rabble rousing labor organizer, known as "Mother Jones" or "Miners' Angel", was active in the labor movement early in the 20th century when the United States was changing dramatically from an agrarian economy to an industrial economy; and
Whereas, Mother Jones came to national attention during the Paint Creek--Cabin Creek coal mine strike in West Virginia in 1912 when she was 82 years old; and
Whereas, On September 21, 1912, Mother Jones led a march of miners' wives and children through the streets of Charleston to dramatize conditions under which the miners were working; and
Whereas, The resulting furor from this march and her speeches during this strike resulted in Mother Jones being arrested, tried and convicted by a martial law court and subsequently imprisoned in a boarding house in Pratt, West Virginia; and
Whereas, Her imprisonment caused the United States Senate to order a commission to investigate conditions in the West Virginia coalfields; and
Whereas, Mother Jones was set free from prison by newly elected West Virginia Governor Henry Drury Hatfield and continued her nationwide crusade to encourage working people to join labor unions. She made her last fiery public speech at her 100th birthday party on May 1, 1930; and
Whereas, It is fitting that the interstate bridge spanning Cabin Creek and Route 79/3, known as Cabin Creek Road, in Kanawha County be dedicated to this remarkable senior citizen who added to the rich and colorful history of this state and created a legacy for the labor movement nationwide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge located on the West Virginia Turnpike at milepost 83.43, spanning Cabin Creek and Kanawha County Route 79/3, as the "Mother Jones Labor Heritage Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Mother Jones Labor Heritage Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Delegate Staton asked and obtained unanimous consent to return to bills on First Reading, Special Calendar.
Special Calendar

First Reading

Com. Sub. for H. B. 3014, Relating generally to "Main Street Fairness Act of 2003"; on first reading, coming up in regular order, was read a first time and ordered to second reading.
At 5:38 p. m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, February 25, 2003.