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Friday, June 13, 2003

     The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The roll being called (Roll. No. 751), and 87 members having answered to their names, the Speaker declared the presence of a quorum.
     The Clerk proceeded to read the Journal of Thursday, June 12, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Staton, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
     At the request of Delegate Staton, and by unanimous consent, the House of Delegates proceeded to the Ninth Order of Business for the purpose of considering resolutions on Unfinished Business.
House Calendar
Unfinished Business
     S. C. R. 202, Recognizing the courage and endurance of Private First Class Jessica Lynch as an American prisoner of war during Operation Iraqi Freedom; coming up in regular order, as unfinished business, was read by the Clerk.
     The question now being on the adoption of the resolution, the yeas and nays were taken (Roll No. 752), and there were--yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
     Absent And Not Voting: Brown, Cann, Coleman, Faircloth, Ferrell, Hartman, Hatfield, Iaquinta, Long, Michael, Perdue, Poling, Proudfoot, Schadler, Shelton, Wakim and Walters.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (S. C. R. 202) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. C. R. 201, Memorializing the life of Specialist George A. Mitchell, Jr., an American hero who was killed in action on April 7, 2003, while serving in Operation Iraqi Freedom; coming up in regular order, as unfinished business, was read by the Clerk.
  The question now being on the adoption of the resolution, the yeas and nays were taken (Roll No. 753), and there were--yeas 87, nays none, absent and not voting 13, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Coleman, Faircloth, Ferrell, Hartman, Hatfield, Iaquinta, Long, Perdue, Proudfoot, Schadler, Shelton and Walters.
 So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (S. C. R. 201) adopted.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  At 1:17 p.m., on motion of Delegate Staton, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.
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Afternoon Session
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Select Committee Reports
  Chairman Kiss, from the Select Committee on Workers' Compensation Revision, submitted the following report, which was received:
  Your Select Committee on Workers' Compensation Revision has had under consideration:
  H. B. 200, Relating to workers' compensation generally,
  And reports the same back, with amendment, with the recommendation that it do pass, as amended.
  On motion of Delegate Staton, the bill was taken up for immediate consideration, read a second time, advanced to third reading with the committee amendment pending, and the rule was suspended to permit the offering and consideration of amendments on that reading.
Messages from the Senate
  A message from the Senate, by
  The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
  S. B. 2001, Providing for executive appointment of members of pension bond review committee.
  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, bills of the House of Delegates as follows:
  H. B. 202, Increasing the amount available from the consolidated fund as a revolving loan to the West Virginia economic development authority,
  H. B. 203, Expanding funding methods for community improvement generally,
  H. B. 204, Updating the meaning of certain terms used in the West Virginia personal income tax act,
  And,
  H. B. 205, Updating the meaning of certain terms used in the West Virginia corporation net income tax act.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2003 - "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 (S. B. 2003) 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. 754), and there were--yeas 85, nays 2, absent and not voting 13, with the nays and absent and not voting being as follows:
  Nays: Blair and Schoen.
  Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long, Proudfoot, Schadler, Shelton, Stalnaker, Varner and Webb.
  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 third reading.
  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. 755), and there were--yeas 86, nays 1, absent and not voting 13, with the nays and absent and not voting being as follows:
  Nays: Schoen.
  Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long, Proudfoot, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2003) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 756), and there were--yeas 87, nays none, absent and not voting 13, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long, Proudfoot, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2003) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2004 - "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 (S. B. 2004) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and then ordered to second reading.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2009 - "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 respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2009) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2010 - "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, chapter eleven of said code; to amend and reenact section thirty-two, article fifteen-b of said chapter; and to further amend said article 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 respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2010) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2011 - "A Bill to amend and reenact section seven, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one and two, article three, chapter fifty of said code; to amend and reenact sections ten, eleven and twenty-eight-a, article one, chapter fifty-nine of said code; to amend and reenact section seventeen, article two of said chapter; and to amend and reenact section four, article seven, chapter sixty-one of said code, all relating to increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees by resolution of county commission; and dedicating those fee increases to the courthouse facilities improvement fund and to the special revenue account to provide legal services to domestic violence victims."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2011) 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. 757), and there were--yeas 76, nays 11, absent and not voting 13, with the nays and absent and not voting being as follows:
  Nays: Armstead, Ashley, Blair, Carmichael, Hall, Louisos, Overington, Schoen, Sobonya, Wakim and Walters.
  Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long, Proudfoot, Schadler, Shelton, Stalnaker, Varner and Webb.
  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 third reading.
  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. 758), and there were--yeas 74, nays 13, absent and not voting 13, with the nays and absent and not voting being as follows:
  Nays: Armstead, Ashley, Blair, Border, Calvert, Carmichael, Hall, Leggett, Louisos, Overington, Schoen, Sumner and Walters.
  Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long, Proudfoot, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2011) passed.
  On motion of Delegate Staton, the title of the bill was amended to read as follows:
  S. B. 2011 - "A Bill to amend and reenact section seven, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one and two, article three, chapter fifty of said code; to amend and reenact sections ten, eleven and twenty-eight-a, article one, chapter fifty-nine of said code; to amend and reenact section seventeen, article two of said chapter; and to amend and reenact section four, article seven, chapter sixty-one of said code, all relating to increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees; and dedicating those fee increases to the courthouse facilities improvement fund and to the special revenue account to provide legal services to domestic violence victims."
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 759), and there were--yeas 77, nays 10, absent and not voting 13, with the nays and absent and not voting being as follows:
  Nays: Armstead, Blair, Border, Calvert, Carmichael, Hall, Louisos, Overington, Sumner and Walters.
  Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long, Proudfoot, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2011) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  Com. Sub. for S. B. 2012 - "A Bill to amend chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article three-b; to amend and reenact section three-hh, article one, chapter seven of said code; to amend and reenact section eighteen, article twelve, chapter eight of said code; and to amend article one, chapter thirty-one of said code by adding thereto a new section, designated section one hundred sixty-one, all relating to authorizing agencies, county commissions, municipalities and their instrumentalities to enter into performance-based contracts with qualified providers of energy conservation measures for the purpose of reducing energy operating costs of agency buildings; defining terms; setting forth conditions for proposals and contracts; setting terms of leases; allowing counties and municipalities and their instrumentalities as well as organizations under Section 501(c)(3) of the United States Internal Revenue Code to enter into sale-leaseback or like-kind exchange agreements with public and private parties; providing for the disposition of tax exemptions; and providing for insurance."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 2012) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2013 - "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 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 seven new sections, designated sections one-a, one-b, one-c, one-d, one-e, one-f and four-a; 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 two new sections, designated sections one-b and six; to amend and reenact sections one, one-a, one-b, one-c, one-d, one-e, two, three, three-b, three-c, four, 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, 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 section twenty-four-g, article three, chapter sixty- one of said code, all relating to workers' compensation generally; repealing provisions relating to the compensation programs performance council; repealing provisions relating to default settlement; repealing provisions relating to employees and payment of salaries from the disabled workmen's relief fund; removing workers' compensation from the bureau of employment programs; directing certain reports to be filed quarterly; providing legislative findings; creating workers' compensation commission as an independent agency assuming all duties of division; creating the workers' compensation board of managers; establishing composition of board; establishing qualifications for membership; establishing appointment procedures for members; providing for compensation and travel expenses; setting forth the powers and duties of board; creating position of executive director; establishing qualifications; establishing procedure for removal; setting forth the powers and duties of executive director; providing for payment withholding and interception of moneys of certain employers; providing penalties for failure to withhold or intercept payments; authorizing interagency agreements for the bureau of employment programs and workers' compensation commission; adopting workers' compensation rules by commission; transferring assets and contracts; creating fraud and abuse unit; providing for legislative oversight of commission; providing for salaries and expenses of commission; requiring bond and insurance for the executive director and associate director; authorizing the executive director to hire an associate director and other employees; providing for associate director to assume authority in absence of executive director; authorizing certain commission employees to administer oaths; providing for issuance and enforcement of agency subpoenas; allowing certain elected municipal officials not to participate in workers' compensation; clarifying that extraction of natural resources is provision of services; requiring promulgation of a rule to prevent contractors from avoiding liability for workers' compensation premiums; creating ongoing duty to provide information to commission; authorizing rate reductions for safety and loss prevention and drug-free workplace initiatives; requiring rates, surcharges and assessments to be financially sound and sufficient to meet needs of the funds; establishing rate caps; authorizing the commission to require employers to pay premium taxes more often than quarterly; extending time for commission to collect from defaulting or delinquent employers; establishing statute of limitations; allowing specified groups of employers to self-insure their obligations to the commission; requiring self-insured employers to administer claims; requiring self-insured employers to comply with the law and commission rules; establishing components of self-insured premium tax; requiring employers that self-insured second injury benefits to continue to be responsible for the claims; providing that self-insured employers who fail to make benefit payments are in default in certain circumstances; authorizing the commission to determine self-insured rates; authorizing self- insured employers to obtain third-party insurance for catastrophic claims and requiring copy of policy; prohibiting self-insured employers from contracting with third-party administrators who have not been approved by the commission; allowing for subrogation of medical benefits and authorizing reasonable attorney fees and reasonable portion of costs; eliminating second injury awards and the second injury reserve fund for certain claims; providing for management of the deficit; authorizing emergency fiscal measures; reporting requirements of self-insurers; requiring commission to adopt standards for evaluation of whole-body impairment with regard to certain occupational diseases; providing an expedited appeal to the office of judges where self- insurer denies compensability; requiring assessment of claimant's return to work potential; providing assistance in return to work efforts; authorizing repayment of overpayments from future benefits and providing for waiver of overpayment liability in certain circumstances; prohibiting a claimant from receiving both temporary total disability benefits and certain other employer-provided short-term disability benefits in certain circumstances; prohibiting a claimant from receiving both permanent total disability benefits and certain other employer-provided long-term disability or retirement benefits in certain circumstances; requiring award of permanent partial disability benefits be made as expeditiously as possible; requiring medical providers to submit timely requests for payment; authorizing employers with managed health care plans to require employees to use the plan for treatment of compensable injuries; requiring commission to propose legislative rules governing use of managed health care plans; providing for weighing of evidence; providing for suspension or termination of health care providers; requiring commission to set standards for medical management of claims; providing benefits for cemetery expenses; expanding disability benefit eligibility threshold from three to seven days; eliminating annual increases in benefits; reducing maximum weekly benefit for temporary total disability to sixty-six and two-thirds percent of the average weekly wage of the employee; increasing to fifty percent the percentage of whole body impairment which establishes a rebuttable presumption of permanent total disability; reducing permanent partial disability benefits to sixty-six and two- thirds percent of the average weekly wage of the claimant not to exceed seventy percent of the average weekly wage in West Virginia; establishing internal operative dates; requiring the executive director to promulgate a rule to establish requirements for an application for permanent total disability benefits; providing that upon adoption of the rule on application requirements no claim for permanent total disability benefits may be sent to the interdisciplinary examining board without an application; providing for the establishment of an onset date for permanent total disability benefits; providing that a claimant must have been awarded fifty percent permanent partial disability prior to applying for permanent total disability; providing that neither certain proximity of employment nor wages from gainful employment are considered when determining permanent total disability; terminating permanent total disability benefits at age seventy in certain circumstances; eliminating the five percent presumptive award of occupational pneumoconiosis; authorizing application for occupational pneumoconiosis benefits within three years of determination of impairment; providing that the commission may suspend benefits to a claimant for refusing, without good cause, treatment or examination by a physician; providing for a trial work period; increasing vocational rehabilitation services; authorizing review of claims; expanding monitoring of injury claims; authorizing suspension or termination of benefits in certain circumstances; removing certain offset provisions; providing for mediation; authorizing appointment of chief administrative law judge by governor; providing for term of office and removal for cause of chief administrative law judge; providing that the commission must fund the office of judges; providing for appeals; establishing time frames for appeals; establishing standards for appeal; creating the workers' compensation board of review; providing for appointment by the governor; establishing qualifications of judges; establishing position of chief judge; establishing location and terms of court; establishing rules of procedure; authorizing clerk and other employees; providing for remand of cases; providing for standards for appeals to the West Virginia supreme court of appeals; making technical corrections and removing archaic language throughout; and providing conforming amendments."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2013) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2014 - "A Bill to amend and reenact article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; authorizing certain boards and agencies that are, in common, independent of state departmental supervision to promulgate legislative rules; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule- making review committee and as amended by the Legislature; authorizing commissioner of agriculture to promulgate legislative rule relating to inspection of meat and poultry; authorizing contractor licensing board to promulgate legislative rule relating to contractor licensing act; authorizing courthouse facilities improvement authority to promulgate legislative rule relating to authority; authorizing board of dental examiners to promulgate legislative rule relating to board; authorizing board of dental examiners to promulgate legislative rule relating to formation and approval of dental corporations; authorizing family protection services board to promulgate legislative rule relating to operation of board; authorizing family protection services board to promulgate legislative rule relating to licensure of domestic violence and perpetrator intervention programs; authorizing family protection services board to promulgate legislative rule relating to perpetrator intervention program licensure; authorizing family protection services board to promulgate legislative rule relating to monitored visitation and exchange program certification; authorizing board of funeral service examiners to promulgate legislative rule relating to board; authorizing board of funeral service examiners to promulgate legislative rule relating to crematory requirements; authorizing governor's committee on crime, delinquency and correction to promulgate legislative rule relating to law-enforcement training standards; authorizing governor's committee on crime, delinquency and correction to promulgate legislative rule relating to community corrections standards; authorizing massage therapy licensure board to promulgate legislative rule relating to board; authorizing board of medicine to promulgate legislative rule relating to licensure, disciplinary and complaint procedures, continuing education and physician assistants; authorizing nursing home administrators licensing board to promulgate legislative rule relating to nursing home administrators; authorizing board of optometry to promulgate legislative rule relating to licensure by endorsement; authorizing board of pharmacy to promulgate legislative rule relating to pharmacist recovery networks; authorizing board of pharmacy to promulgate legislative rule relating to controlled substances monitoring; authorizing radiologic technology board of examiners to promulgate legislative rule relating to board; authorizing real estate appraiser licensing and certification board to promulgate legislative rule relating to requirements for licensure and certification; authorizing real estate appraiser licensing and certification board to promulgate legislative rule relating to renewal of licensure and certification; authorizing real estate commission to promulgate legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and conduct of brokerage businesses; authorizing real estate commission to promulgate legislative rule relating to schedule of fees; authorizing real estate commission to promulgate legislative rule relating to requirements in approval and registration of real estate courses, course providers and instructors; authorizing secretary of state to promulgate legislative rule relating to registry for notification of state of emergency; authorizing board of veterinary medicine to promulgate legislative rule relating to standards of practice; and authorizing board of veterinary medicine to promulgate legislative rule relating to schedule of fees."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2014) 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. 760), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Long, Schadler, Shelton, Stalnaker, Varner and Webb.
  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 third reading.
  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. 761), and there were--yeas 86, nays 3, absent and not voting 11, with the nays and absent and not voting being as follows:
  Nays: Caputo, Louisos and Sobonya.
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Long, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2014) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 762), and there were--yeas 88, nays 1, absent and not voting 11, with the nays and absent and not voting being as follows:
  Nays: Caputo.
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Long, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2014) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2007 - "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 (S. B. 2007) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
  A message from the Senate, by
  The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
  S. B. 2015 - "A Bill to amend and reenact section eleven, article one, chapter nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section nine-a, article twenty-two, chapter twenty-nine of said code, all relating to the receipt and disbursement of funds for the architectural fees and project costs for the construction of a veterans' nursing home; and clarifying that only operational costs are appropriated by the Legislature."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2015) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 223 - "A Bill expiring funds to the balance of the workers' compensation fund, fund 3440, fiscal year 2003, organization 0322, for the fiscal year ending the thirtieth day of June, two thousand three, in the amount of one million dollars from the alcohol beverage control administration - general administrative fund, fund 7352, fiscal year 2003, organization 0708."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 223) 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. 763), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  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.
  On the passage of the bill, the yeas and nays were taken (Roll No. 764), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 223) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 765), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 223) 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. 224 - "A Bill expiring funds to the unappropriated balance in the state excess lottery revenue fund, for the fiscal year ending the thirtieth day of June, two thousand three, in the amount of nineteen million dollars from the economic development authority - economic development project fund, fund 3167, fiscal year 2003, organization 0307; and transferring funds not to exceed the amount of five million dollars to the balance of the workers' compensation fund, fund 3440, fiscal year 2003, organization 0322."
  At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 224) 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. 766), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Schoen, Shelton, Stalnaker, Varner and Webb.
  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.
  On the passage of the bill, the yeas and nays were taken (Roll No. 767), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 224) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 768), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 224) 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.
House Calendar
Third Reading
  H. B. 206, Continuing the equal pay commission; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
  H. B. 207, Updating fee structure provisions for certain broker-dealers and agents; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
  H. B. 209, Continuing the funding of the Hatfield-McCoy recreation authority projects; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
  H. B. 210, Supplemental appropriation to various departments in the governor's office; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
  On motion of Delegate Michael, the bill was amended on page four, section one, line seventeen, by striking out the words "fund, 0131, fiscal year 2003, activity 099 ($79,333)" and the comma.
  Having been engrossed, the bill was then read a third time and put upon its passage.
  On the passage of the bill, the yeas and nays were taken (Roll No. 769), and there were--yeas 89, nays 1, absent and not voting 10, with the nays and absent and not voting being as follows:
  Nays: Walters.
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 210) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 770), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 210) 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.
  H. B. 211, Supplementary appropriation in the state fund, general revenue, to the department of military affairs and public safety; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
  On motion of Delegate Michael, 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 following:
  "That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0453, fiscal year 2004, organization 0612, be supplemented and amended to read as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
57-West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2004 Org 0612
_______________________________________________________        General
                                                     Act-        Revenue
                                                    ivity        Funds
1 Personal Services                                  001     $        27,307,300
2 Annual Increment                                   004             191,550
3 Employee Benefits                                  010             5,594,693
4 Unclassified                                       099             6,164,417
5 Vehicle Purchase                                   451             1,000,000
6 Barracks Maintenance
7  and Construction (R)                            494             1,719,388
8 Trooper Class                                      521             3,625,433
9 Barracks Lease Payments                            556             318,768
10   Communications and
11    Other Equipment (R)                          558             613,285
12   Trooper Retirement Fund                         605             24,875,529
13   Handgun Administration Expense                  747             70,375
14   Automated Fingerprint
15    Identification System                        898             495,293
16   BRIM Premium                                    913     ________4,635,358
17    Total                                        $       76,611,389
  Any unexpended balances remaining in the appropriations for Barracks Maintenance and Construction (fund 0453, activity 494), and Communications and Other Equipment (fund 0453, activity 558) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
  The purpose of this bill is to supplement this account in the budget act for the fiscal year ending the thirtieth day of June, two thousand four, by decreasing and increasing items of appropriation with no additional funds being appropriated."
  Having been engrossed, the bill was then read a third time and put upon its passage.
  On the passage of the bill, the yeas and nays were taken (Roll No. 771), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Ennis, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 211) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 772), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 211) 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.
  H. B. 212, Expiring funds to the unappropriated surplus balance in the state fund, general revenue; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, again laid over one day with the right to amend.
  H. B. 213, Supplementary appropriation of public moneys out of moneys remaining as an unappropriated balance in the state fund, general revenue, to the department of education; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, again laid over one day with the right to amend.
  H. B. 214, Expiring funds from the division of banking - assessment and examination fund to the department of tax and revenue - tax division; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
  There being no amendments, the bill was then engrossed and read a third time.
  On the passage of the bill, the yeas and nays were taken (Roll No. 773), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 214) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 774), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 214) 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.
  H. B. 215, Supplementary appropriation to the higher education policy commission; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
  There being no amendments offered, the bill was then engrossed and read a third time.
  On the passage of the bill, the yeas and nays were taken (Roll No. 775), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 215) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 776), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Leggett, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 215) 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.
  H. B. 216, Supplementary appropriation to the department of military affairs and public safety - division of veterans affairs - veterans' home; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
  There being no amendments, the bill was then engrossed and read a third time.
  On the passage of the bill, the yeas and nays were taken (Roll No. 777), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 216) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 778), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 216) 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.
  H. B. 217, Supplementary appropriation to a new item of appropriation designated to the board of pharmacy; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
  There being no amendments and the bill having been engrossed, it was then read a third time and put upon its passage.
  On the passage of the bill, the yeas and nays were taken (Roll No. 779), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 217) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 780), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 217) 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.
  H. B. 218, Supplementary appropriation to a new item of appropriation designated to the department of military affairs and public safety - division of veterans affairs; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
  There being no amendments, the bill was then engrossed and read a third time.
  On the passage of the bill, the yeas and nays were taken (Roll No. 781), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 218) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 782), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
  Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, Varner and Webb.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 218) 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.
  H. B. 219, Supplementary appropriation to a new item of appropriation designated to the governor's office - jobs and growth tax relief reconciliation act of 2003; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, again laid over one day with the right to amend.
  H. B. 220, Relating generally to creation and administration of economic opportunity districts by county commissions and Class I and II municipalities; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
  The Clerk then reported an amendment offered by Delegate Michael on yesterday.
  Unanimous consent having been obtained, the foregoing amendment was withdrawn and Delegate Michael offered a substitute amendment as follows:
  On page three, section two, line twenty-two, following the word "Delegates", by inserting a colon, and the words "Provided, That on and after the effective date of the amendment and reenactment of this section in the year two thousand three, this subdivision shall be of no force or effect and the term of the member previously appointed pursuant to this subdivision shall expire" followed by a semicolon.
  On page four, section two, line one, by striking out the words "amendments to" and inserting in lieu thereof "amendment and reenactment of".
  On page four, section two, line six, by striking out the colon and the proviso.
  On page forty-six, section seven, line nineteen, following the word "the", by striking out the word "county" and inserting in lieu thereof the word "municipality".
  On page forty-seven, section seven, line ten, following the word "a", by striking out the word "county's" and inserting in lieu thereof the word "municipality's".
  On page seventy-two, section seventeen, line three, following the word "opportunity" by inserting the word "development".
  And,
  On page eighty-one, section thirty-five, line thirteen, following the word "in", by striking out the remainder of the sentence and inserting in lieu thereof the words "subdivision (3) of this subsection" followed by a period.
  The question being on the adoption of the amendment, the same was put and prevailed.
  On motion of Delegate Staton, the bill was again laid over one day with the right to amend.
  H. B. 221, Increasing certain fees and dedicating those increases to the Courthouse Facilities Improvement Fund and to provide legal services for domestic violence victims; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
  H. B. 222, Creating processes and procedures allowing agencies, counties and their instrumentalities to enter into performance-based contracts with qualified providers of energy conservation measures; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, again laid over one day with the right to amend.
Leaves of Absence
  At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Cann, Faircloth, Hatfield, Iaquinta, Schadler, and Shelton.
  At 4:20 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 8:30 a.m., Saturday, June 14, 2003.