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Tuesday, June 10, 2003

     Pursuant to the Proclamation of His Excellency, the Governor, issued on the tenth day of June, 2003, and hereinafter set forth, convening the Legislature in Extraordinary Session on the tenth day of June, 2003, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston, and at five o'clock postmeridian, was called to order by the Speaker, the Honorable Robert S. Kiss.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The roll being called (Roll No. 733), and 92 Delegates having answered to their names, the Speaker declared a quorum.
Messages from the Executive

     The Speaker laid before the House of Delegates the Proclamation of His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

Charleston

A PROCLAMATION

By the Governor

      I, BOB WISE, GOVERNOR of the State of West Virginia, by virtue of the authority vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call the Legislature of West Virginia to convene in Extraordinary Session at five o'clock p.m., on the tenth day of June, Two Thousand Three, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:
     FIRST: Considering and acting upon resolutions honoring West Virginia's servicemen and servicewomen who have served their country honorably at home and abroad, including, but not limited to, a resolution honoring Private First Class Jessica Lynch for her sacrifice in defense of this country.
     SECOND: Considering and acting upon legislation related to the promulgation of legislative rules by executive departments and agencies, boards and commissions contained in Enrolled Revised Committee Substitute for Senate Bill No. 329, Regular Session, 2003, vetoed on April 2, 2003.
      THIRD: Considering and acting upon legislation providing for amendments to W.Va. Code § 29-22-18a(d) to provide for executive appointments of the members of the Economic Development Grant Committee and project selection criteria as required by the West Virginia Supreme Court of Appeals in State ex rel. Citizens Action Group v. West Virginia Economic Development Grant Committee, docket no. 31125, decided May 16, 2003.
      FOURTH: Considering and acting upon legislation relating to technical corrections in Enrolled Committee Substitute for Senate Bill No. 558 (Chapter 88, Acts of the Legislature, 2003 Regular Session), changes necessary to conform to existing State law, and other changes made necessary by one of the holdings of the West Virginia Supreme Court of Appeals in State ex rel. Citizens Action Group v. West Virginia Economic Development Grant Committee, docket no. 31125, decided May 16, 2003.
     FIFTH: Considering and acting upon legislation relating to the establishment of an independent Workers' Compensation Division, the financing and reorganization of its operations, restructuring of benefit programs and other services provided to employers and employees, and providing for creation of an intermediate court of appeals.
     SIXTH: Considering and acting upon legislation increasing certain filing fees for the purpose of dedicating those revenues to the courthouse facilities improvement fund and to provide legal services for domestic violence victims.
     SEVENTH: Considering and acting upon supplementary appropriation bills.
     EIGHTH: Considering and acting upon legislation amending W.Va. Code § 12-8-4(c) to provide for executive appointments of the members of the Pension Bond Review Committee as required by one of the holdings of the West Virginia Supreme Court of Appeals in State ex rel. Citizens Action Group v. West Virginia Economic Development Grant Committee, docket no. 31125, decided May 16, 2003.
     NINTH: Considering and acting upon legislation increasing to one hundred seventy-five million dollars as the amount of monies available from the consolidated fund as a loan to the West Virginia Economic Development Authority for the purpose of promoting business or industrial development projects in West Virginia.
     TENTH: Considering and acting upon legislation extending the Equal Pay Commission.
     ELEVENTH: Considering and acting upon legislation amending certain definitions in the state personal income and corporation net income tax code to conform to recent changes in federal law.
     TWELFTH: Considering and acting upon legislation relating to an increase in fees for renewals and sales of certain securities.
THIRTEENTH: Considering and acting upon legislation expanding funding methods for community improvement through the creation and empowerment of community improvement districts for the development, construction, acquisition, financing, extension and improvement of projects supported by a voluntary assessment on real property.
FOURTEENTH: Considering and acting upon legislation authorizing agencies, counties, and their instrumentalities to enter into performance-based energy savings contracts, and further authorizing nonprofit corporations, counties, and their instrumentalities to enter into sale leaseback arrangements relating to their interest in real property.
 FIFTEENTH: Considering and acting upon legislation extending funding by the West Virginia Parkways, Economic Development and Tourism Authority of certain projects of the Hatfield-McCoy regional recreational authority for an additional number of years.
 SIXTEENTH: Considering and acting upon a resolution authorizing the issuance of pension obligation bonds as provided for in the Pension Liability Redemption Act,
W. Va. Code § 12-8-1, et seq.
 SEVENTEENTH: Considering and acting upon legislation providing for the receipt and expenditure of funds for construction and other necessary project costs of the veterans' nursing home and establishing necessary accounts.
 EIGHTEENTH: Considering and acting upon legislation to authorize and appropriate the expenditure of public moneys to pay the expenses of this extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of West Virginia, this the tenth day of June, in the year of our Lord, Two Thousand Three, and in the One Hundred Fortieth year of the State.
        Bob Wise,
         Governor.
BY THE GOVERNOR
Joe Manchin
Secretary of State.
                On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation by which it had been called together.
               Whereupon,
               The Speaker appointed as members of such Committee:
               Delegates Frederick, Morgan and Calvert.
               On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three, to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation.
               Whereupon,
               The Speaker appointed as members of such committee:
               Delegates Foster, Long and Azinger.
               Subsequently,
               Delegate Frederick, from the committee to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to proceed to the business of the session, announced that the committee had discharged its assignment.
               Delegate Foster, from the committee to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session pursuant to his Proclamation, announced the performance of that duty.
Messages from the Senate

               A message from the Senate, by
               Senators Minard, Jenkins and Smith, announced that the Senate had convened in extraordinary session, pursuant to the Proclamation of the Governor, with a quorum present, and was ready to enter upon the business for which the Legislature had been called together.
Resolutions Introduced

               Mr. Speaker, Mr. Kiss, offered the following resolution, which was read by its title as follows:
               H. R. 1 - "Creating a Select Committee on Workers' Compensation Revision."
               Resolved by the House of Delegates:
               That for the life of the Second Extraordinary Session of the 76th Legislature, there is hereby created a Select Committee on Workers' Compensation Revision, consisting of not more than fifty- three members of the House of Delegates, to be appointed by the Speaker. Notwithstanding the provisions of any House Rule to the contrary, the Select Committee hereby created shall have jurisdiction of any and all legislative proposals to revise and recodify the statutory provisions relating to Workers' Compensation.
               The rules of the House governing Standing Committees shall govern the actions and proceedings of this Select Committee insofar as applicable.
               At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
* * * * * * * * * * * * * * * * *

Bills Introduced

               On motions for leave, bills were introduced and read by their titles and subsequent action by the House was as follows:
               By Mr. Speaker, Mr. Kiss, and Delegate Trump
               [By Request of the Executive]:
               H. B. 200 - "A Bill to repeal sections one, two, three, four, five, six and seven, article three, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section five-b, article two, chapter twenty-three of said code; to repeal section seven, article four-a of said chapter; to repeal section fourteen, article five of said chapter; to amend and reenact section thirty-three-d, article three, chapter five-a of said code; to amend and reenact sections four and five, article three, chapter five-b of said code; to amend and reenact section one, article two, chapter five-f of said code; to amend and reenact section seven, article twelve, chapter eleven of said code; to amend and reenact section three, article seventeen of said chapter; to amend and reenact section four, article one-a, chapter twelve of said code; to amend and reenact section six, article six of said chapter; to amend and reenact section ten, article two, chapter fifteen of said code; to amend and reenact section fifteen, article one, chapter sixteen of said code; to amend and reenact section three, article twenty-nine-d of said chapter; to amend and reenact section three, article thirty- six of said chapter; to amend and reenact section twenty-six, article nine-a, chapter eighteen of said code; to amend and reenact section twelve-a, article ten-a of said chapter; to amend and reenact section two, article ten-k of said chapter; to amend and reenact section three, article three-a, chapter twenty-one of said code; to amend and reenact section four, article one, chapter twenty-one-a of said code; to amend and reenact sections six, six-c and thirteen, article two of said chapter; to amend and reenact section eleven, article ten of said chapter; to amend and reenact section eight, article three, chapter twenty-two of said code; to amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, seventeen and eighteen, article one, chapter twenty-three of said code; to further amend said article by adding thereto eight new sections, designated sections one-a, one-b, one-c, one-d, one-e, one-f, four-a and nineteen; to amend and reenact sections one, one-c, one-d, two, three, four, five, five-a, five-c, five-d, six, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen, article two of said chapter; to amend and reenact section one, article two-a of said chapter; to amend and reenact sections one, two and three, article two-b of said chapter; to amend and reenact sections one, one-a, two, three and five, article three of said chapter; to further amend said article by adding thereto one new section, designated section six; to amend and reenact sections one, one-a, one-b, one-c, one-d, one-e, two, three, three-b, three-c, four, five, six, six-a, six-b, six-d, seven, seven-a, seven-b, eight, eight-a, eight-b, eight-c, nine, nine-b, ten, eleven, twelve, fourteen, fifteen, fifteen-a, fifteen-b, sixteen, sixteen-a, seventeen, eighteen, twenty, twenty-two, twenty-three, twenty-four and twenty-five, article four of said chapter; to further amend said article by adding thereto a new section, designated section one-g; to amend and reenact sections one, three, five, six and eight, article four-a of said chapter; to amend and reenact sections two, five, six, and seven, article four-b of said chapter; to further amend said article by adding thereto a new section, designated section eight-b; to amend and reenact sections two, three, four and five, article four-c of said chapter; to amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen, seventeen and eighteen, article five of said chapter; that said article be further amended by adding thereto two new sections, designated sections ten-a and fifteen-a; to amend and reenact section two, article eight, chapter twenty-six of said code; to amend and reenact sections one hundred twenty-five and one hundred thirty-one, article eighteen, chapter forty-eight of said code; to amend chapter fifty-one by adding thereto a new article, designated article one-b; and to amend and reenact sections twenty-four-e, twenty-four-f and twenty- four-g, article three, chapter sixty-one of said code, all relating to workers' compensation generally."
               At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 200) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Select Committee on Workers' Compensation Revision.
               By Mr. Speaker, Mr. Kiss, and Delegate Trump
               [By Request of the Executive]:
               H. B. 201 - "A Bill to amend and reenact section four, article eight, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for executive appointment of members of the pension bond review committee."
                At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 201) to a committee was dispensed with.
               By Mr. Speaker, Mr. Kiss, and Delegate Trump
               [By Request of the Executive]:
               H. B. 202 - "A Bill to amend and reenact section nine-e, article six, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the amount available from the consolidated fund as a revolving loan to the West Virginia economic development authority for the purpose of promoting certain business or industrial development projects."
               At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 202) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
               Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
               On this question, the yeas and nays were taken (Roll No. 734), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
               Nays: Carmichael.
               Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters and Williams.
               So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
               The bill was then read a second time and ordered to engrossment and third reading.
               Having been engrossed, the bill was then read a third time and put upon its passage.
  The question being on the passage of the bill, the yeas and nays were taken (Roll No. 735), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
  Nays: Carmichael.
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters and Williams.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 202) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 736), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
  Nays: Carmichael.
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters 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. 202) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 203 - "A Bill to amend article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections eighty-six and eighty-seven; and to amend chapter sixteen of said code by adding thereto a new article, designated article thirteen-e, all relating to expanding funding methods for community improvement generally; authorizing the use of voluntary proffers through zoning ordinance; providing enforcement mechanism for proffers; authorizing the creation of and empowerment of community improvement districts; providing for the development, construction, acquisition, financing, extension and improvement of projects; providing for notice to owners of real property of assessments; authorizing the issuance of assessment bonds; and providing for assessments and liens related thereto."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 203) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
   Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
  On this question, the yeas and nays were taken (Roll No. 737), and there were--yeas 89, nays 2, absent and not voting 9, with the nays and absent and not voting being as follows:
  Nays: Carmichael and Ellem.
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Leggett, Schadler, Shelton, Walters and Williams.
  So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
  The bill was then read a second time and ordered to engrossment and third reading.
  Having been engrossed, the bill was then read a third time and put upon its passage.
   The question being on the passage of the bill, the yeas and nays were taken (Roll No. 738), and there were--yeas 88, nays 3, absent and not voting 9, with the nays and absent and not voting being as follows:
  Nays: Carmichael, Ellem and Louisos.
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Leggett, Schadler, Shelton, Walters and Williams.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 203) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 739), and there were--yeas 89, nays 2, absent and not voting 9, with the nays and absent and not voting being as follows:
  Nays: Carmichael and Ellem.
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Leggett, Schadler, Shelton, Walters 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. 203) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 204 - "A Bill to amend and reenact section nine, article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating the meaning of certain terms used in the West Virginia personal income tax act by bringing them into conformity with their meanings for federal income tax purposes; and updating effective date."
   At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 204) to a committee was dispensed, and it was taken up for immediate consideration, read a first time and ordered to second reading.
   Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
  On this question, the yeas and nays were taken (Roll No. 740), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters and Williams.
  So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
  The bill was then read a second time and ordered to engrossment and third reading.
  Having been engrossed, the bill was then read a third time and put upon its passage.
  The question being on the passage of the bill, the yeas and nays were taken (Roll No. 741), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters and Williams.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 204) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 742), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters 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. 204) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 205 - "A Bill to amend and reenact section three, article twenty-four, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating the meaning of certain terms used in West Virginia corporation net income tax act by bringing them into conformity with their meanings for federal income tax purposes; and specifying effective date."
   At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 205) to a committee was dispensed, and it was taken up for immediate consideration, read a first time and ordered to second reading.
   Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
  On this question, the yeas and nays were taken (Roll No. 743), and there were--yeas 90, nays 1, absent and not voting 9, with the nays and absent and not voting being as follows:
  Nays: Carmichael.
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Susman, Walters and Williams.
  So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
  The bill was then read a second time and ordered to engrossment and third reading.
  Having been engrossed, the bill was then read a third time and put upon its passage.
  The question being on the passage of the bill, the yeas and nays were taken (Roll No. 744), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters and Williams.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 205) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 745), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
  Absent And Not Voting: Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters 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. 205) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 206 - "A Bill to amend and reenact section five, article five-e, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuing the equal pay commission."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 206) to a committee was dispensed with.
  By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 207 - "A Bill to amend and reenact section two hundred two, article two, chapter thirty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section three hundred five, article three of said chapter; and to amend and reenact section four hundred six, article four of said chapter, all relating to updating fee structure provisions for certain broker-dealers and agents; providing for annual sales report and filing fee by certain issuers of securities; and providing for disposition of special revenue."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 207) to a committee was dispensed with.
  By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 208 - "A Bill to amend and reenact section eighteen-a, article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to state excess lottery fund; deleting obsolete language providing that certain bonds issued state on their face that they do not constitute a debt of the state; providing that the governor appoint six persons to the committee certifying projects to receive funds from bond proceeds; designating prior applications as refiled and barring submission of new applications; requiring a certain applicant to file additional information with the committee; providing criteria to be used by the committee in certifying projects; prohibiting grants to individuals or private entities but allowing low interest loans to such persons; giving examples of the types of projects considered to be in the public interest; and providing that any excess funds be placed in the economic development project bridge loan fund."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 208) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Finance.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 209 - "A Bill to amend and reenact section thirteen, article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuing the funding of the Hatfield-McCoy regional recreation authority projects by the West Virginia parkways, economic development and tourism authority."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 209) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 210 - "A Bill making a supplementary appropriation in the state fund, general revenue, to the governor's office, fund 0101, fiscal year 2004, organization 0100, to the department of agriculture, fund 0131, fiscal year 2004, organization 1400, to the department of agriculture - state conservation committee, fund 0132, fiscal year 2004, organization 1400, and to the department of tax and revenue - West Virginia office of tax appeals, fund 0593, fiscal year 2004, organization 0709, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand four."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 210) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 211 - "A Bill making a supplementary appropriation in the state fund, general revenue, to the department of military affairs and public safety - West Virginia state police, fund 0453, fiscal year 2004, organization 0612, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 211) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 212 - "A Bill expiring funds to the unappropriated surplus balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand three, in the amount of two million dollars from the revenue shortfall reserve fund, fund 2038, organization 0201, and making a supplementary appropriation of public moneys out of the treasury from the unappropriated surplus balance for the fiscal year ending the thirtieth day of June, two thousand three, to the governor's office - civil contingent fund, fund 0105, fiscal year 2003, organization 0100."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 212) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 213 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the state fund, general revenue, to the department of education - state department of education, fund 0313, fiscal year 2004, organization 0402, to the department of education - state department of education - aid for exceptional children, fund 0314, fiscal year 2004, organization 0402, to the department of education - state board of education - division of educational performance audits, fund 0573, fiscal year 2004, organization 0402, to the department of education and the arts - office of the secretary, fund 0294, fiscal year 2004, organization 0431, and the higher education policy commission - legislative - funding priorities - control account, fund 0591, fiscal year 2004, organization 0441, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand four."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 213) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 214 - "A Bill expiring funds to the unappropriated surplus balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand three, in the amount of two hundred thousand dollars from the division of banking-assessment and examination fund, fund 3041, fiscal year 2003, organization 0303 and making a supplementary appropriation of public moneys out of the treasury from the unappropriated surplus balance for the fiscal year ending the thirtieth day of June, two thousand three, to the department of tax and revenue-tax division, fund 0470, fiscal year 2003, organization 0702."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 214) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 215 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the state fund, general revenue, to the higher education policy commission - administration - control account, fund 0589, fiscal year 2004, organization 0441 and the higher education policy commission - system - control account, fund 0586, fiscal year 2004, organization 0442, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand four."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 215) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 216 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of military affairs and public safety-division of veterans' affairs-veterans' home, fund 8728, fiscal year 2004, organization 0618, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 216) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 217 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to a new item of appropriation designated to the board of pharmacy, fund 8857, fiscal year 2004, organization 0913, supplementing and amending chapter twenty, acts of the Legislature, regular session, two thousand three, known as the budget bill."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 217) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 218 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to a new item of appropriation designated to the department of military affairs and public safety - division of veterans' affairs, fund 8858, fiscal year 2004, organization 0613, supplementing and amending chapter twenty, acts of the Legislature, regular session, two thousand three, known as the budget bill".
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 218) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 219 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to a new item of appropriation designated to the governor's office - jobs and growth tax relief reconciliation act of 2003, fund 8859, fiscal year 2004, organization 0100, supplementing and amending chapter twenty, acts of the Legislature, regular session, two thousand three, known as the budget bill."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 219) to a committee was dispensed with.
   By Mr. Speaker, Mr. Kiss, and Delegate Trump
  [By Request of the Executive]:
  H. B. 220 - "A Bill to amend and reenact section two, article two, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections two, three, six, seven, eight, nine, ten, twelve, fourteen, fifteen, seventeen and nineteen, article twenty-two, chapter seven of said code; to amend and reenact sections two, three, six, seven, eight, nine, ten, eleven, twelve, fourteen, fifteen, sixteen, seventeen and nineteen, article thirty-eight, chapter eight of said code; to amend and reenact section eleven-a, article ten of said chapter eleven; to amend and reenact section thirty-two, article fifteen-b of said chapter; and to further amend said article fifteen-b by adding thereto four new sections, designated sections thirty-three, thirty-four, thirty-five and thirty-six, all relating generally to creation and administration of economic opportunity districts by county commissions and Class I and II municipalities and the imposition, administration and collection of special district excise taxes to finance district economic development projects approved by council for community and economic development."
  At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 220) to a committee was dispensed with.
Miscellaneous Business

  Mr. Speaker, Mr. Kiss, presented a letter of appointment to the Select Committee on Workers' Compensation Revision, which was read by the Clerk as follows:
June 10, 2003

Gregory M. Gray, Clerk of the House
West Virginia House of Delegates
Dear Mr. Clerk:
  Pursuant to H. R. 1, I do hereby appoint the following House members to serve on the Select Committee on Workers' Compensation Revision:
  Robert S. Kiss, Chair        Houston      Amores        Stemple
  Rick Staton, Vice Chair  Leach            Kominar        R. Thompson
  Michael              Mezzatesta       Brown        Webster
  Doyle                Proudfoot        Caputo        Armstead
  Boggs                Stalnaker        Coleman        Calvert
  Browning                 Susman       Craig                Ellem
  Campbell                 R. M. Thompson   DeLong        Faircloth
  Cann                 Varner      Fleischauer        Overington
  Foster               Warner      Hrutkay  Schadler
  Frederick                H. White         Mahan        Smirl
  Anderson                 Ashley       Morgan        Webb
  Border               Carmichael       Palumbo
  Evans                Hall             Pethtel
  L. White                 Trump            Pino
  If you have questions, or if I can be of assistance to you, please feel free to call upon me.
                       Sincerely,  
                       Robert S. Kiss,
                        Speaker of the House.
Leaves of Absences

  At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Ashley, Beach, Hatfield, Iaquinta, Schadler, Shelton, Walters and Williams.
  At 6:02 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:30 a.m., Wednesday, June 11, 2003.