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Thursday, February 27, 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 Wednesday, February 26, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Varner, 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 for a presentation by the House.
 At the request of Delegate Varner, 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. R. 16, Commemorating the passing of James W. Simonton, public servant, gentleman, lawyer and family man; coming up at this time, as unfinished business, was read by the Clerk and adopted.
At the request of Delegate Varner, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing and considering a resolution.
Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Stalnaker, Amores, Anderson, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Manchin, Manuel, Martin, Mezzatesta, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Staton, Stemple, Sumner, Swartzmiller, Tabb, Talbott, R. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, H. White, Williams, Wright, Yeager and Yost offered the following resolution, which was read by the Clerk as follows:
H. R. 19 - "Designating Thursday, February 27, 2003, as West Virginia History Day at the House of Delegates and recognizing the work of all those history heroes and the many willing workers in hundreds of organizations throughout the State who volunteer hundreds of thousands of hours to help educate the public about the Mountain State's unique heritage and who help to preserve the past for future generations."
Whereas, The efforts of the West Virginia Archives and History Commission, the Friends of the West Virginia Culture and History, the Preservation Alliance of West Virginia, the West Virginia Historical Society, the West Virginia Historical Association, the West Virginia Association of Museums, the West Virginia Humanities Council, and the West Virginia Mining Your History Foundation benefit from the unselfish efforts of the many volunteers and unselfish people who support the effort to preserve the State's history; and
Whereas, The State of West Virginia has a rich and varied history providing a well spring of pride in the accomplishments of its people and a springboard for future generations of mountaineers; and
Whereas, All West Virginian's are deeply indebted to those selfless individuals who support West Virginia's rich and varied State and local history with their research, interpretations, publications or preservation efforts; therefore, be it
Resolved by the House of Delegates:
That Thursday, February 27, 2003, is hereby declared as West Virginia History Day at the House of Delegates; and, be it
Further Resolved, That the House of Delegates hereby recognizes all of the people and organizations throughout the State who work to promote our culture, educate our children and preserve the character of our past to the benefit of all West Virginians.
At the respective requests of Delegate Varner, and by unanimous consent, reference of the resolution (H. R. 19) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
S. C. R. 26, Requesting the Division of Highways name the new bridge from Pomeroy, Ohio, to Mason, West Virginia, the "Bridge of Honor",
H. C. R. 47, Requesting the Joint Committee on Government and Finance to study the powers, duties and functions of the Governor's cabinet on children and families,
H. C. R. 55, Requesting the West Virginia Division of Highways to rename Commerce Street on West Virginia State Rt. 2 to "Heroes Highway",
H. C. R. 49, Requesting the Joint Committee on Government and Finance study the costs and benefits associated with West Virginia's deer population,
And,
H. C. R. 37, Requesting the Joint Committee on Government and Finance to conduct a study of planning for the safe evacuation from the state capitol complex of people with disabilities,
And reports the same back with the recommendation that they each be adopted.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2468, Requiring the secretary of the department of health and human resources ensure that medicaid reimbursement for prescription drugs reimburse retail pharmacies for the cost of smallest available prescription package,
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 Varner, and by unanimous consent, the bill (H. B. 2468) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2895, Requiring eight hours annually of dementia specific training for staff in nursing homes and personal care homes,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Government Organization.
At the respective requests of Delegate Varner, and by unanimous consent, the bill (H. B. 2895) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Government Organization.
On motion for leave, a bill was introduced (Originating in the Committee on Health and Human Resources and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegate Perdue:
H. B. 3199 - " Bill amend and reenact sections one, two, three, four and five, article two-c, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reduced telephone service rates for qualified low-income residential consumers; updating terms; expanding the scope of qualified persons; including additional categories of tel-assistance services; providing for additional rules and emergency rules; providing for agreements regarding revenue deficiencies; and allocating revenue deficiencies among eligible telecommunications carriers."
At the respective requests of Delegate Varner, and by unanimous consent, the bill (H. B. 3199) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3058, Exempting certain physicians from obtaining preauthorization before being able to dispense psychotrophic medications to mentally ill medicaid recipient patients,
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 Varner, and by unanimous consent, the bill (H. B. 3058) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2841, Creating a medicaid buy-in program for working individuals with disabilities,
And reports the same back, by unanimous vote of the Committee, 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 Varner, and by unanimous consent, the bill (H. B. 2841) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3075, Providing for non-relative visitation for health care patients,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3075 - "A Bill to amend article thirty, 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-five, relating to the West Virginia health care decisions act; authorizing patients or residents of certain health care facilities or homes to designate non-relative to receive the same visitation privileges as immediate family members; authorizing the secretary of the department of health and human resources to develop a form to be used for such designations, and defining terms,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3075) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 3075) was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2884, Empowering family members and residents in nursing homes by requiring a nursing home to publicly post staffing information and granting rights to family councils,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2884) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2995, Exempting antique motor vehicles, motorcycles, classic motor vehicles and motorcycles from registration fees,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, 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. 2995) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 56, Prohibiting certain insurers to require persons under contract to use mail-order pharmacy,
And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 56) was referred to the Committee on Finance.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 3056, Providing for the regulation of intrastate driving hours of for-hire carriers,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. For H. B. 3056 - "A Bill to amend article, two, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six, relating to motor carriers for hire; providing for the regulation of intrastate driving hours and duty hours of for-hire carriers which transport passengers and providing for record keeping by the motor carriers,"
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. 3056) to the Committee on Finance was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 3056) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 3104, Providing for commercial work orders for vehicle and equipment repair, establishing criteria for commercial vehicle and equipment repair vendors, and requiring a cost effectiveness analysis for issuing commercial work orders,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that the second reference to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 3104) to the Committee on Finance was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3104) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 95, Increasing length and width for certain vehicles,
And reports the same back, with a title 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 (S. B. 95) was referred to the Committee on the Judiciary.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 390, Removing requirement social security number appear on commercial driver's license,
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 (S. B. 390) 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. 2197, Providing a criminal penalty for a county school board member to willfully and knowingly attempt to exercise authority outside statutory authority,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2197 - "A Bill to amend and reenact section five, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting authority of board members to act outside the scope of statutory authority,"
H. B. 2948, Giving consumers greater opportunity to successfully obtain discontinuation of foreclosure sales and other efforts to repossess property,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2948 - "A Bill to amend and reenact section one hundred fifteen, article two, chapter forty-six a, of the Code of West Virginia, one thousand nine hundred thirty one, as amended, relating to expenses of realizing on security interests; allowing recovery of certain expenses when a consumer requests discontinuation of efforts to realize on security interests, and providing notification to consumer of certain charges within a twelve month period,"
And,
H. B. 3155, Maintaining the security and confidentiality of business processes,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 3155 - "A Bill to amend and reenact section ten, article five, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to confidentiality of trade secrets; modifying review and notification procedures associated with release of information required for air quality permits; and allowing air quality board to hear appeal of agency decisions,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub for H. B. 2197, Com. Sub for H. B. 2948 and Com. Sub for H. B. 3155) were each taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to 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. 3098, Providing a right to DNA testing for imprisoned felons and requiring certain physical evidence be preserved,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, 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. 3098) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, 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. 3095, Authorizing the tax commissioner to disclose to the treasurer certain information that would facilitate locating the owners of uncashed and unclaimed income tax refund checks,
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 Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 3095) to the Committee on Finance was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3095) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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:
Com. Sub. for H. B. 2521, Establishing a school psychologist internship program,
And,
H. B. 3141, Requiring the contractor licensing board to provide renewal notice to licensees,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, H. B. 3141 was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
On motion for leave, a resolution was introduced (Originating in the Committee on Pensions and Retirement and reported with the recommendation that it be adopted), which was read by its title as follows:
By Delegates Campbell, Craig, Williams, Browning, Frederick, Hall and Duke:
H. C. R. 60 - "Requesting the Joint Committee on Government and Finance appoint an interim committee to study the feasibility of providing retirement programs for emergency medical system personnel, Division of Natural Resources conservation officers, Division of Corrections employees, municipal police officers in the Public Employees Retirement System and Division of Juvenile Services employees suited to the unique characteristics of their employment and also study the feasability of including them in the Deputy Sheriffs Retirement System."
Whereas, Emergency medical services personnel, Division of Natural Resources conservation officers, municipal police officers in the Public Employees Retirement System and employees of the Division of Corrections and Division of Juvenile Services must meet unique physical qualifications for their jobs; and
Whereas, These employees must endure demanding and stressful circumstances on the job that often lead to a need to retire before reaching the usual retirement age; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study and develop a plan to provide retirement benefits best suited to the unique characteristics of the work of emergency medical system personnel, Division of Natural Resources conservation officers, Division of Corrections employees, municipal police officers in the Public Employees Retirement System and Division of Juvenile Services employees and to study the feasability and actuarial soundness of incorporating them in the Deputy Sheriffs Retirement System; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolution to the Committee on Rules
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 27th day of February, 2003, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S.B. 170), Requiring informed consent for abortion; other provisions.
Resolutions Introduced

Mr. Speaker, Mr. Kiss offered the following resolution, which was read by its title:
H. C. R. 61 - "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 respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 61) 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. 157), 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 Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 61) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Petitions

Delegate Pethtel presented a petition, signed by one hundred thirty-eight residents of the 5th district, requesting a share of lottery proceeds to be distributed to senior programs; which was referred to the Committee on Finance.
Delegate Smirl presented a petition, signed by fifty-one residents of the 16th district, in support of S. B. 414, authorizing real estate commission to enter into license reciprocity agreements with other states; which was referred to the Committee on Government Organization.
Consent Calendar

Third reading

The following bills on third reading, coming up in regular order, were, on motion of Delegate Staton, laid over one day:
S. B. 284, Continuing division of purchasing within department of administration,
And,
S. B. 470, Continuing board of manufactured housing construction and safety.
The Clerk announced that, pursuant to House Rule 70a, Delegate Staton had requested S. B. 284 and S. B. 470 be removed from the Consent Calendar and be placed upon the House Calendar.
The following bills on third reading, coming up in regular order, were each read a third time:

H. B. 2118, Adjusting the retirement benefits for all members of the West Virginia state police retirement system,
And,
H. B. 2194, Reimbursement to police agencies for training and certification costs.
The following bills on third reading, coming up in regular order, were, on motion of Delegate Trump, laid over one day:
Com. Sub. for 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,
Com. Sub. for H. B. 2592, Authorizing the department of administration to promulgate legislative rules,
Com. Sub. for H. B. 2599, Authorizing the department of education and the arts to promulgate legislative rules,
Com. Sub. for H. B. 2615, Authorizing the department of military affairs and public safety to promulgate legislative rules,
And,
Com. Sub. for H. B. 2648, Authorizing the department of transportation to promulgate legislative rules.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com. Sub. for H. B. 2438, Com. Sub. for H. B. 2592, Com. Sub. for H. B. 2599, Com. Sub. for H. B. 2615 and Com. Sub. for H. B. 2648 be removed from the Consent Calendar and be placed upon the House Calendar.
The following bills on third reading, coming up in regular order, were each read a third time:

Com. Sub. for H. B. 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,
H. B. 2731, Providing dedication of a portion of pari-mutuel proceeds be utilized to fund employee retirement plans at certain racing facilities,
And,
Com. Sub. for H. B. 2910, Establishing an "Amber Alert" system to be utilized to rapidly disseminate information with regard to abducted and missing children.
H. B. 2991, Relating to the fee charged by fiduciary commissioners in settling an estate; on third reading, coming up in regular order, was, on motion of Delegate Trump, laid over one day.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 2991 be removed from the Consent Calendar and be placed upon the House Calendar.
The following bills on third reading, coming up in regular order, were each read a third time:

H. B. 3019, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,
H. B. 3045, Implementing the Master Tobacco Settlement Agreement
Com. Sub. for H. B. 3074, Allowing a retired member of the teachers retirement system to be re-employed on a contract basis,
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.
On the passage of the bills, the yeas and nays were taken (Roll No. 158-167), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2118, H. B. 2194, Com. Sub. for H. B. 2713, H. B. 2731, Com. Sub. for H. B. 2910, H. B. 3019, H. B. 3045, Com. Sub. for H. B. 3074 and H. B. 3150) passed.
An amendment to the title of H. B. 2118, recommended by the Committee on Pensions and Retirement, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2118 - "A Bill to amend and reenact section twelve, article two-a, chapter fifteen of the code of West Virginia, one thousand nine hundred and thirty-one, as amended, relating to the rights of members of the West Virginia state police retirement system and increasing certain benefits to dependents of a state trooper who dies in performance of his duties."
Delegate Staton moved that the bill (H. B. 2118) take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 168), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2118) takes effect July 1, 2003.
Delegate Staton moved that H. B. 2731 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 169), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2731) takes effect from its passage.
Delegate Staton moved that H. B. 3019 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 170), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3019) takes effect from its passage.
Delegate Staton moved that Com. Sub. for H. B. 3074 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 171), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3074) takes effect from its passage.
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

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. 2094, Regulating the release of fish, water animals and other aquatic organism into the waters of this state,
Com. Sub. for H. B. 2237, Adding a magistrate in Monongalia and Wood Counties,
Com. Sub. for H. B. 2386, Providing for a panel of senior magistrate court clerks to serve in substitution for magistrate court clerks who are on authorized leave,
Com. Sub. for H. B. 2436, Making the state's criminal and penalty laws applying to the use and display of beer and alcoholic beverages in motor vehicles to conform to federal law,
Com. Sub. for H. B. 2523, Providing financing for the construction of capital improvements to, and renovation of, the state capitol complex and its appurtenant facilities,
Com. Sub. for H. B. 2625, Authorizing the department of health and human resources to promulgate legislative rules,
Com. Sub. for H. B. 2753, Prohibiting participation in animal fighting ventures and making violations a felony,
Com. Sub. for H. B. 2760, Authorizing motor carrier inspectors designated by the PSC to enforce all traffic laws and rules of the road with respect to commercial motor vehicles,
Com. Sub. for H. B. 2768, Enacting a standardized false alarm ordinance,
H. B. 2866, Relating to construction financing for surface transportation improvements through federal grant anticipation notes,
Com. Sub. for H. B. 2869, Relating to the creation, development and operation of an automated tax administration system,
Com. Sub. for H. B. 2875, Eliminating a gap in employment for employees participating in the public employees insurance plan who were subject to a reduction in force and who are re- employed and reenter the plan,
Com. Sub. for H. B. 2972, Improving the actuarial soundness of municipal police and fire pensions,
H. B. 3027, Authorizing the tax commissioner to waive tax, interest and penalties in specified circumstances which are otherwise imposed on uncompensated members of the governing board or board of directors of certain tax exempt organizations,
H. B. 3037, Mandating that an apprentice fireman be terminated from employment following three unsuccessful attempts at passing an apprentice examination,
H. B. 3062, Authorizing stockholders of closely held corporations to file suit for partition of real estate owned by the corporation when the real estate is the only substantial asset of the corporation,
Com. Sub. for H. B. 3068, Empowering public service districts to enter into agreements for engineering, design or feasibility studies, without the prior approval of the public service commission,
H. B. 3077, Authorizing the tax commissioner to enter into agreements with the internal revenue service for offsetting tax refunds against tax liabilities,
H. B. 3084, Restructuring the support enforcement commission in the areas of membership, duties and powers,
H. B. 3088, Authorizing the insurance commissioner to require nonresident excess line brokers to remit the surcharge on fire and casualty insurance policies,
H. B. 3089, Modifying various requirements of financial institutions notifying the real estate commission in certain circumstances,
Com. Sub. for H. B. 3109, Bringing the provisions of the teachers defined contribution retirement system in conformity with those of the teachers retirement system,
H. B. 3190, Relating to the titling and ownership of property for area vocational education programs,
H. B. 3191, Repealing the code relating to the governor's office of fiscal risk analysis and management,
H. B. 3192, Abolishing the existing science and technology council and establishing a new academy of science and technology,
H. B. 3193, Relating to reports on school attendance for purposes of accountability and excluding certain absences,
H. B. 3194, Relating to updating fee structure provisions,
H. B. 3195, Changing agency termination dates pursuant to West Virginia sunset law,
And,
H. B. 3197, Relating to the use of federal funds for youth in the custody of the division of juvenile services.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com. Sub. for H. B. 2625, H. B. 2866, Com. Sub. for H. B. 2869 and H. B. 3195 be removed from the Consent Calendar and be placed upon the House Calendar.
First Reading

S. B. 447, Allowing reciprocal agreements with Ohio regarding hunting and fishing; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Special Calendar

Unfinished Business

H. C. R. 59, Requesting a study of newborn screenings related to the detection and control of hemoglobinopathies and other diseases that are usually associated with mental retardation; 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.
Third Reading

Com. Sub. for H. B. 2056, Creating the Great Family Literacy Act and establishing a voluntary checkoff on income tax returns to help fund the program; 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. 173), 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: Brown, Coleman and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2056) passed.
On motion of Delegate Michael, the title of the bill was amended to read as follows:
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 public 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."
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. 2083, Expanding personnel covered by job sharing in the school system; 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. 172), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Romine and Sumner.
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2083) passed.
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. 2679, Authorizing certain counties to count absentee ballots during election period; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
Com. Sub. for H. B. 2715, Modernizing the regulation of surplus lines insurers by enactment of the NAIC non-admitted insurance model act; 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. 174), 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: Brown, Coleman and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2715) passed.
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. 2744, Eliminating the exemption for government employees performing electrical work on governmental property from having to possess an electrician's license; 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. 175), 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: Brown, Coleman and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2744) 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. 2797, Authorizing the DMV to reimburse members of the motor vehicle dealer advisory board and the motorcycle safety awareness board for necessary expenses; 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. 176), 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: Brown, Coleman and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2797) passed.
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. 2818, Authorizing the county commissions of growth counties to include the transfer of development rights as part of a zoning ordinance; on third reading, coming up in regular order, with the restricted right to amend, was reported by the Clerk.
On motion of Delegates Overington, Tabb, Blair, Faircloth and Manuel, the bill was amended on page two, section three hundred eleven, line five, following the word "commissions", by inserting a comma and the following: "upon approval by a majority of the legal votes cast at an election as provided in section three-mm of this article" followed by a comma.
On page four, following section three hundred eleven, following line forty-one, by adding a new section, designated section 3mm, to read as follows:
"§7-1-3mm. Election on ordinance for program for transfer of development rights; form of ballots or ballot labels; procedure.

(a) A county commission which has been designated as a growth county may submit a proposed ordinance to establish a program for the transfer of development rights pursuant to section three-ll of this article to the qualified voters residing within the county for approval or rejection at any regular primary or general election. Notice of the election shall be provided and the ballots shall be printed as set forth in subsection (b) of this section. The ordinance may be adopted if it is approved by a majority of the legal votes cast thereon in that county. If the ordinance is rejected, no election on the issue shall be held thereafter for a period of one hundred-four weeks.
(b) On the election ballots shall be printed the following:
Shall the County Commission of (name of county) be authorized to adopt an ordinance to establish a program for the transfer of development rights in accordance with Section three-ll, Article one, Chapter seven of the Code of West Virginia?
/ /Yes

/ /No
(c) If a majority of the legal votes cast upon the question be for the ordinance, the provisions of the ordinance become effective upon the date the results of the election are declared. If a majority of the legal votes cast upon the question be against the ordinance, the ordinance shall not take effect.
(d) Subject to the provisions of subsection (c) of this section, an election permitted by this section may be conducted at any regular primary or general election as the county commission in its order submitting the same to a vote may designate.
(e) Notice of an election pursuant to this section shall be given by publication of the order calling for a vote on the question as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication shall be the county in which the election is to be conducted.
(f) Any election permitted by this section shall held at the voting precincts established for holding primary or general elections. All of the provisions of the general election laws of this state applicable to primary or general elections not inconsistent with the provisions of this section shall apply to voting and elections authorized by this section."
And,
On page two, by amending the enacting section to read as follows:
"That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections three-ll and three-mm, all to read as follows" followed by a colon.
Delegate Hrutkay also asked and obtained unanimous consent that she be permitted to offer an amendment on third reading.
On motion of Delegate Hrutkay, the bill was amended on page two line six, following the words "zoning ordinance", by inserting the words "which has been in effect for a minimum of five years".
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. 177), and there were--yeas 71, nays 25, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Border, Butcher, Calvert, Carmichael, Ellem, Evans, Hall, Howard, Hrutkay, Leggett, Louisos, Mahan, Martin, Perry, Pino, Schadler, Schoen, Smirl, Sobonya, Sumner, Wakim, Walters and Webb.
Absent And Not Voting: Brown, Coleman, Craig and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2818) passed.
On motion of Delegates Overington, Tabb, Blair, Faircloth and Manuel, the title of the bill was amended to read as follows:
H. B. 2818 - "A Bill to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections three-ll and three-mm, relating to authorizing the county commissions of growth counties, by adoption of an ordinance, to establish programs for the transfer of property rights upon approval by a majority of the legal votes cast at a county-wide election; providing for a county-wide election on an ordinance for a program for transfer of development rights; form of ballots or ballot labels; election procedure."
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. 3046, Facilitating compliance with and enforcement of provisions of the Tobacco Master Settlement Agreement; 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. 178), 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: Brown, Coleman, Craig and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3046) 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. 3189, Reducing the total tax credits available under the capital company act during the fiscal year beginning on the first day of July, two thousand three; 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. 179), 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: Brown, Coleman, Craig and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3189) passed.
Delegate Staton moved that the bill take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 180), 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: Brown, Coleman, Craig and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3189) takes effect July 1, 2003.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for H. J. R. 6, Increase of Terms of Members of the Legislature Amendment; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Unanimous consent having been obtained, the House then proceeded to take up out of regular order S. B. 112, Allowing farm wineries to manufacture, serve and sell certain wines.
The bill was then read a second time.
On motion of Delegate Staton, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Com. Sub. for H. B. 2358.
The bill was then ordered to third reading.
Com. Sub. for H. B. 2358, Allowing farm wineries to manufacture, serve and sell dessert, port, sherry and Madeira wines as well as table wines; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
Com. Sub. for H. B. 2092, Creating a sentencing commission and providing for the appointment, terms and qualifications of members; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2456, Creating civil immunity for persons resisting criminal activities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2675, Mandating insurance coverage for certain clinical trials for ordinary costs of covered services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2828, Increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees; on second reading, coming up in regular order, was read a second time.
Delegate Sobonya moved to amend the bill on page seventeen, section ten, line thirty-five, by striking out "35.00" and inserting in lieu thereof "25.00"; which motion did not prevail.
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:
Com. Sub. for H. B. 2863, Formulating a process in which to project the net enrollment in growth counties,
Com. Sub. for H. B. 2880, Underground storage tanks registration fees,
Com. Sub. for H. B. 2967, Relating to discrimination against members of duly registered clubs or organizations and providing for criminal penalties,
Com. Sub. for H. B. 3035, Excluding PROMISE scholarship applicants if they receive ten thousand dollars or more from family contributions,
Com. Sub. for H. B. 3115, Instituting a "Celebrate Freedom Week" and requiring the instruction in the study of the Declaration of the Independence and other founding American historical documents,
And,
H. B. 3198, Relating to contingent certification of certain economic development, capital improvement and infrastructure projects as eligible for public financial support.
Leaves of Absences

At the request of Delegate Staton, and by unanimous consent, leave of absence was granted Delegate Coleman.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
S. B. 205, Modifying criminal intent for animal cruelty crimes; fines.
On motion of Delegate Staton, the House of Delegates receded from its amendment.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 182), and there were--yeas 79, nays 18, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ashley, Boggs, Browning, Cann, Hamilton, Kominar, Leggett, Mezzatesta, Perdue, Perry, Schoen, Shaver, Shelton, Stemple, Thompson, R., Varner, White, H. and Williams.
Absent And Not Voting: Brown, Coleman and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 205) passed.
At 1:25 p. m., on motion of Delegate Staton, the House of Delegates recessed until 5:30 p. m., and reconvened at that time.
* * * * * * * * * *

Evening Session
* * * * * * * * * *

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

On motions for leave, resolutions were introduced (Originating in the Committee on Finance and reported by unanimous vote of the Committee, with the recommendation that they each be adopted), which were read by their titles, as follows:
By Delegates Michael, Doyle, Leach, Campbell, Proudfoot, Ashley, Anderson, H. White, Carmichael, Stalnaker, Frederick, Houston, Evans, Hall, Susman, G. White, Browning, Border, Warner and Boggs:

H. C. R. 62 - "Requesting the Joint Committee on Government and Finance to conduct a study to determine if working cooperatively with providers of HUD housing to provide additional personal care services to elderly would decrease the unnecessary institutionalization of elderly individuals and reduce costs to Medicaid."
Whereas, There is a continuing growth in the number of elderly citizens in the state; and

Whereas, There is a need to provide community options for elderly citizens to prevent premature institutionalization of these individuals; and
Whereas, The cost of nursing home care is greater than community options for low income elderly individuals; and
Whereas, The Department of Health and Human Services is concerned about the potential addition of a waiver program that will increase the state's budget for Medicaid without reducing other costs; and
Whereas, The providers of HUD housing believe that a cooperative effort to offer personal care services to residents of HUD housing will decrease costs; and
Whereas, Forty-five other states are providing community services of this nature; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance conduct a study on this issue to determine the most efficient, cost effective method of providing care to the qualifying poor elderly population of this state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates Michael, Doyle, Leach, Campbell, Proudfoot, Ashley, Anderson, H. White, Carmichael, Stalnaker, Frederick, Houston, Evans, Hall, Susman, G. White, Browning, Border, Warner and Boggs:

H. C. R. 63 - "Requesting the Joint Committee on Government and Finance conduct a study of the Public Employees Insurance Agency and its current benefit structure providing full coverage for pre-medicare retirees and medicare retirees which is significantly subsidized by state appropriations."
Whereas, The cost of the pre-medicare retiree subsidy is eighty-two million dollars in two thousand three and will increase to one hundred eighty-two million dollars by two thousand seven; and
Whereas, The revenue of the state is limited by minimal tax growth; and
Whereas, The available revenue will no longer meet the burden of currently established subsidies; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance conduct a study on this issue with consideration of the fiscal resources of the state and fairness to the employees of the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolutions to the Committee on Rules
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3119, Relating to insurance fraud generally,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 3119) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3119) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
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, Manuel, Yost, Leggett, Azinger and Walters:

H. B. 3200 - "A Bill to amend chapter five-g of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two, relating to authorizing agencies to enter into performance-based contracts with qualified providers of energy-conservation measures for the purpose of reducing energy operating costs of agency buildings."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3200) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary 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 Stemple, Webb, Fleischauer, Kominar, Mahan, Hrutkay and Pino:
H. B. 3201 - "A Bill to amend and reenact section one hundred one, article twenty-five, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section two, article two-a, chapter fifty two of said code, all relating to allowing the family court to exercise jurisdiction concurrently with the circuit court over petitions for a change of name."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3201) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 2480, Increasing the amount of penalties the commissioner of banking may obtain and allowing the commissioner to expend funds to promote consumer awareness of issues related to residential mortgage lending,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2480 - "A Bill to amend and reenact section four, article two, chapter thirty-one-a, of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the regulatory authority of the commissioner of banking over residential mortgage brokers and lenders and the commissioner's authority to assess civil administrative penalties and to expend funds to foster consumer understanding of mortgage laws,"
H. B. 2714, Relating to the donation of firefighting and fire rescue equipment and insurance policies dealing with immunity coverage provisions,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2714 - "A Bill to amend and reenact section eight-c, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the donation of fire fighting and fire rescue equipment and insurance policies dealing with immunity coverage provisions,"
H. B. 3070, Providing that a mass convention of a political party, to elect delegates to the state convention, be held in the county instead of the various magisterial districts,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 3070 - "A Bill to amend and reenact section twenty-one, article five, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to elections generally; and providing that a mass convention of a political party, to elect delegates to the state convention, be held in the county instead of the various magisterial districts,"
And,
H. B. 3117, Requiring contractors bidding on public works construction projects to submit valid bid bonds in their proposals and to direct how public bids are received,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 3117 - "A Bill to amend and reenact section one, article twenty-two of chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and the further amend said article by adding thereto a new section, designated section two, all relating to bidding on government construction contracts; inclusion of certain valid bid bonds; designation of time and place of opening of certain bids; inability to waive certain bid provisions and requirements; inability to resubmit certain bids on a project after bid withdrawal,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 2480, Com. Sub. for H. B. 2714, Com. Sub. for H. B. 3070 and Com. Sub. for H. B. 3117) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 3057, Removing the privilege of confidentiality in communications to clergy when the communications involve matters involving child abuse or neglect,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3057 - "A Bill to amend and reenact section nine, article three, chapter fifty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing the privilege of confidentiality in communications to clergy when the communications involve matters involving sexual abuse of a minor child,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 3057) was taken up for immediate consideration, read a first time and then ordered to second reading.
On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation that they each be adopted), which were read by their titles, as follows:
By Delegates Beane, Kuhn, Butcher, Ennis, Hatfield, Iaquinta, Manchin, Manuel, Martin, Perdue, Spencer, Talbott, Wright, Yeager, Yost, Azinger, Blair, Caruth, Frich and Walters:

H. C. R. 64 - "Requesting the Joint Committee on Government and Finance to study the feasibility of developing and maintaining a central abuse registry."
Whereas, The department of health and human resources is entrusted with the care, custody and control of countless numbers of children, adults and the elderly; and
Whereas, The children, adults and elderly under the care, custody and control of the department frequently suffer from mental retardation, developmental disabilities, or mental illness and as such are more susceptible to abuse, neglect or misappropriation of property than the general population; and
Whereas, There presently exists no central registry which identifies persons found to have substantiated allegations of abuse, neglect or misappropriation of property, making it possible for a person to change employment within the department or those organizations under the authority of the department; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of developing and maintaining a registry containing the names of any person employed by the department of health and human resources or any organization under the authority of the department of health and human resources, who has had substantiated allegations of abuse, neglect or misappropriation of property against any person under the care, custody or control of the department; and, be it
Further Resolved, That the Joint Committee on Government and finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates Beane, Kuhn, Butcher, Ennis, Hatfield, Iaquinta, Manchin, Manuel, Martin, Perdue, Spencer, Talbott, Wright, Yeager, Yost, Azinger, Blair, Caruth, Frich and Walters:

H. C. R. 65 - "Requesting the Joint Committee on Government and Finance to study the state's vital statistics system."
Whereas, The law governing the Office of Vital Registration last underwent significant legislative amendment in 1969, which amendment was based on the Model State Vital Statistics law drafted in 1959; and
Whereas, Occasions of identity theft and identity fraud have arisen in recent years, necessitating more specific statutory safeguards against such crimes; and
Whereas, Electronic registration of vital events would create greater uniformity for custodians of records and allow the state office to incorporate technological advances in records and information management; and
Whereas, A revision of the law governing vital statistics would allow the state to move forward with electronic storage, transfer and production of vital records, thereby protecting the security of the records and identities of the citizens of this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the functions of the State Office of Vital Registration and the laws governing the recording, storage and management of vital statistics with an emphasis on updating and clarifying the law to safeguard the records and identities of the citizens of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolutions to the Committee on Rules
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. 2895, Requiring eight hours annually of dementia specific training for staff in nursing homes and personal care homes,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2895 - "A Bill to amend and reenact section three, article five-r, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to further amend said article by adding thereto a new section, designated section six, all relating to requiring training in the subject of dementia; defining direct patient care; requiring nursing homes and other facilities to require training of nurses and nurses aides; and providing that training requirements may be part of training or education otherwise required by law,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2895) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 3017, Expanding the jurisdiction of the division of protective services to include all premises owned, leased or occupied by the state of West Virginia,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, 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. 3017) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance. 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. 3001, Adding the state Americans with disabilities act coordinator as a member of the capitol building commission,
And reports the same back, by unanimous vote of the Committee, 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. 3001) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
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. 3092, Clarifying the prohibited discrimination and changing the employee's remedy for a violation of prohibited acts,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 3092 - "A Bill to repeal section four, article five-e, of chapter twenty- one, of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections two, three, five and six of article five-e, of said chapter, all relating generally to equal pay for equal work of state employees; modifying definitions; clarifying prohibited discrimination in payment of wages for work of comparable character; eliminating the remedies and limitations provisions relating to this article; extending the equal pay commission; eliminating certain authority and duties, and adding certain authority and duties, of the equal pay commission; and making technical corrections,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3092) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 3092) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 2764, Defining the content of subpoenas that may be issued by the insurance commissioner,
H. B. 3016, Allowing the department of health and human resources to retain adult protective service records for thirty years,
H. B. 3018, Changing the amount of time that the department of health and human resources must retain child protective services' records,
And,
H. B. 3052, "Clerk of the Circuit Court" as the "Clerk of the Circuit and Family Court",
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 2764, H. B. 3016, H. B. 3018 and H. B. 3052) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to 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. 3108, Making all business entity filing requirements consistent with the corporation requirements under the new corporation laws,
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 Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 3108) to the Committee on Finance was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3108) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 2805, Allowing law-enforcement officers of municipalities that cover more than one county to administer tests for determining alcoholic content in a driver's blood, breath or urine in the counties which the municipality lies,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2805) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 2800, Relating to compromise and settlement of claims for death by wrongful act,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2800 - "A Bill to amend and reenact sections six and seven, article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to trial by court or jury and compromise and settlement of claims for death by wrongful act; listing potential beneficiaries if suit is tried before the court or jury; right of personal representative to settle wrongful death claims; filing of verified petition or motion giving notice of settlement; contents of petition or motion; service; resolution of agreed-upon distributions without hearing; approval of settlement and release of liability subject to judicial determination of appropriate distribution of settlement proceeds; hearing; and distribution,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2800) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Finance 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 Michael, H. White, Doyle and Hall:
H. B. 3202 - "A Bill to amend and reenact sections three and seven, article twenty-three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to clarifying and specifying the treatment of the activity of silviculture for purposes of the business franchise tax."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3202) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 2119, Increasing the rate of the tax on cigarettes,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2119) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3032, Relating to setting forth purpose of the consolidated public retirement board,
And reports the same back, with amendment, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3032) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2921, Providing an exemption for sales and services provided by licensed mortgage brokers from the consumer sales and service tax,
And,
H. B. 2363, Authorizing the tax commissioner to suspend a business registration certificate if any business neglects to pay real property taxes thirty days after the delinquent tax list is published,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 2921 and H. B. 2363) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 3092 having been reported from Committee in earlier proceedings and now on second reading, be removed from the Consent Calendar and be placed upon the House Calendar.
At 6:11 p. m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Friday, February 28, 2003.