WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2003
____________
TUESDAY, JUNE 10, 2003
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Bob Wise, dated the tenth day of June, two thousand
three, convening the seventy-sixth Legislature of West Virginia in
extraordinary session today (Tuesday, June 10, 2003), under the
provisions of section seven, article seven of the Constitution of
West Virginia, the Senate assembled in its chamber in the state
capitol in the City of Charleston at five o'clock p.m., and was
called to order by its President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Walt Helmick, a senator
from the fifteenth district.
On the call of the roll, the following answered to their
names:
Senators Bailey, Boley, Bowman, Caldwell, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse,
Weeks, White and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the
Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
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 West Virginia 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 West
Virginia 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 moneys
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, West Virginia 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, on 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 III,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 201--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Minard, Jenkins and Smith.
Subsequently, Senator Minard, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Frederick, Morgan and Calvert, announced that the
House of Delegates has assembled in extraordinary session, with a
quorum present, and is ready to proceed with the business stated in
the proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 202--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Sharpe, Fanning and Boley.
A message from the House of Delegates, by
Delegates Foster, Long and Azinger, announced that the Speaker
had appointed them a committee of three to join with a similar
committee on the part of the Senate to wait upon the Governor,
under the provisions of Senate Resolution No. 202. Senate and
House members of this select committee then proceeded to the
executive offices.
Subsequently, Senator Sharpe reported that the joint Senate
and House committee had performed the duty assigned to it.
The following communication was reported by the Clerk:
WEST VIRGINIA LEGISLATURE
CHARLESTON
June 4, 2003
The Honorable Darrell E. Holmes
Clerk of the Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
Under authority of Chapter 14, Article 2, Section 4 of the
Code of West Virginia, effective July 1, 2003, we appointed
Benjamin Hayes Webb II of Fairmont, West Virginia, to an expired
term of Judge of the Court of Claims. Mr. Webb is a reappointment.
As you know, this reappointment must be made with the advice
and consent of the Senate. We trust that you will present this
appointment to the Senate for consideration during the Second
Extraordinary Session of the Seventy-sixth Legislature.
Sincerely,
Earl Ray Tomblin,
President, Senate.
Robert S. Kiss,
Speaker, House of Delegates.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Love, consideration of the nomination
immediately hereinbefore reported was made a special order of
business for Friday, June 13, 2003, at 11 a.m.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2001--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 Senator Chafin, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Oliverio and Unger--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2001 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison and Smith--2.
Absent: Oliverio and Unger--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2001) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison and Smith--2.
Absent: Oliverio and Unger--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2001) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2002--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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
Government Organization; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2005--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 the 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2006--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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2008--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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, June 11, 2003, at 12 Noon.
____________
WEDNESDAY, JUNE 11, 2003
The Senate met at 12 Noon.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
Pending the reading of the Journal of Tuesday, June 10, 2003,
On motion of Senator Minard, the Journal was approved and the
further reading thereof dispensed with.
Senator Tomblin (Mr. President) presented a communication from
the Department of Tax and Revenue, submitting its quarterly report
summarizing closing agreements, in accordance with chapter eleven,
article ten, section five-q of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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.
Referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2003, Updating fee structure provisions for
certain broker-dealers and agents; other provisions.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
Senate Bill No. 2008, Creating Community Enhancement Act.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
And,
Senate Bill No. 2009, Continuing funding of Hatfield-McCoy
regional recreation authority projects.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bills (S. B. Nos. 2003, 2008 and 2009) contained in
the preceding report from the Committee on Finance were each taken
up for immediate consideration, read a second time and ordered
engrossment and third reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2010, Relating to economic opportunity
districts.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 2010) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 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, county building
commissions and county development authorities to enter into
performance-based contracts with qualified providers of energy
conservation measures for the purpose of reducing energy operating
costs of agency buildings; authorizing counties and their
instrumentalities to enter into sale leaseback arrangements;
exemptions available to private entity who is a party to the
leaseback; leasebacks to be considered public improvements;
personal liability of a private entity who is a party to a
leaseback; specifying county commission and county building
commission interest in real property; municipality, municipal
building commission and municipal development authority interest in real property; interest in real property of organizations that are
organizations under Section 501(c)(3) of the United States Internal
Revenue Code; and tax exemption of Section 501(c)(3) organizations
not affected by leasebacks.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
Petitions
Senator Facemyer presented a petition from Charlie Wallace and
thirty-two West Virginia residents, urging the Legislature to
support workers' compensation reform legislation permitting injured
workers the right to select doctors of their choice.
Referred to the Committee on the Judiciary.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Deem and Bowman.
Thereafter, at the request of Senator Love, and by unanimous
consent, the remarks by Senator Bowman were ordered printed in the
Appendix to the Journal.
At the request of Senator Sprouse, unanimous consent being
granted, the remarks by Senator Deem were ordered printed in the
Appendix to the Journal.
At the request of Senator Hunter, and by unanimous consent,
the Senate returned to the sixth order of business.
Petitions
Senator Hunter presented a petition from Billie J. Curtis and
numerous West Virginia residents, urging the Legislature to support
workers' compensation reform legislation permitting injured workers
the right to select doctors of their choice.
Referred to the Committee on the Judiciary.
The Senate again proceeded to the twelfth order of business.
Remarks were made by Senators Snyder and Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
Senator Chafin moved that the Senate adjourn until tomorrow,
Thursday, June 12, 2003, at 11 a.m.
The question being on the adoption of Senator Chafin's motion,
and on this question, Senator Chafin demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Facemyer, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Deem and Sprouse--2.
Absent: Fanning and Unger--2.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Thursday, June 12, 2003, at 11 a.m.
__________
THURSDAY, JUNE 12, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Brooks F. McCabe, Jr., a
senator from the seventeenth district.
Pending the reading of the Journal of Wednesday, June 11,
2003,
On motion of Senator Bailey, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 2004, Continuing equal pay commission.
Now on second reading, having been read a first time and
referred to the Committee on Government Organization on June 10,
2003;
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 2013 (originating in the Committee on the
Judiciary)--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 two-a, article seven, chapter six 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 nine new sections, designated sections one-a, one-b,
one-c, one-d, one-e, one-f, one-g, 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 a 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-f; 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; 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; 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.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 2013) contained in the preceding
report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Kessler, the bill (S. B. No. 2013) was
then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
Senators Hunter, Minear, Tomblin (Mr. President), Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks and White offered the
following resolution:
Senate Concurrent Resolution No. 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.
Whereas, George A. Mitchell, Jr., of Antioch, Mineral County,
was born May 20, 1967, in Lebanon, Pennsylvania, the son of George
A. Mitchell, Sr., and Cynthia F. (Kriser) Mitchell; and
Whereas, George A. Mitchell, Jr., graduated from Lebanon High
School in 1985; and
Whereas, As a member of the United States Army Reserve
Command, George A. Mitchell, Jr., served his nation with pride and
distinction in Operation Desert Storm in 1991; and
Whereas, George A. Mitchell, Jr., reenlisted in May, 2002, as
part of the 3rd Infantry Division, 2nd Brigade Combat Team which is
based at Fort Stewart, Georgia, and subsequently was sent to Kuwait; and
Whereas, During his distinguished military career, SPC George
A. Mitchell, Jr., received numerous awards and citations. The
Bronze Star and Purple Heart were awarded posthumously for his
service in Iraq; and
Whereas, SPC George A. Mitchell, Jr., paid the ultimate price
when he was killed in action on April 7, 2003, during Operation
Iraqi Freedom. His dedication and commitment to serving his nation
should not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby memorializes the life of
Specialist George A. Mitchell, Jr., an American hero who was killed
in action on April 7, 2003, during Operation Iraqi Freedom; and, be
it
Further Resolved, That the Legislature hereby expresses its
heartfelt sympathy to the family of SPC George A. Mitchell, Jr.,
which includes his parents; wife Brenda Sue (Purinton) Mitchell;
children Bailee, Josh and Christopher Mitchell and stepson Jeff
Greco; brother David Mitchell; half-brother Gabriel Mitchell;
stepbrother Joe Mitchell; and father-in-law and mother-in-law
Edward and Levonna Purinton; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the family of SPC
George A. Mitchell, Jr.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators Boley, Deem, Tomblin (Mr. President), Bailey, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and White offered the
following resolution:
Senate Concurrent Resolution No. 202--Recognizing the courage
and endurance of Private First Class Jessica Lynch as an American
prisoner of war during Operation Iraqi Freedom.
Whereas, Jessica Lynch of Palestine, West Virginia, the
daughter of Gregory and Deadra Lynch, is a graduate of Wirt County
High School; and
Whereas, Jessica Lynch, who has dreams of becoming a teacher,
joined the United States Army soon after graduation; and
Whereas, PFC Jessica Lynch is based at Fort Bliss, Texas, the
home of the 507th Ordnance Maintenance Company; and
Whereas, In February, 2003, the 507th Ordnance Maintenance
Company was deployed with the 11th Air Defense Artillery Brigade to
serve in Operation Iraqi Freedom; and
Whereas, On March 23, 2003, PFC Jessica Lynch and other
members of the 507th Ordnance Maintenance Company were ambushed after taking a wrong turn while traveling in a convoy near
Nasiriyah, Iraq; and
Whereas, While five of the members of the missing 507th
Ordnance Maintenance Company were displayed on television by the
Iraqi government, the status of PFC Jessica Lynch and nine others
was unknown. Listed as missing in action, the Lynch family, her
community and the entire State of West Virginia shared agonizing
concern for her safety and well-being; and
Whereas, On April 1, 2003, news of the rescue of PFC Jessica
Lynch by coalition special operations forces from an Iraqi hospital
spread around the world and into the hearts of millions; and
Whereas, The town of Palestine, Wirt County and all of West
Virginia celebrated at the news of the recuse of one of their own;
and
Whereas, Sadly, it was learned that the nine missing members
of the 507th Ordnance Maintenance Company did not survive the
ambush and paid the ultimate price for freedom with their lives;
and
Whereas, On April 13, 2003, the five members of the 507th
Ordnance Maintenance Company who were displayed on television as
prisoners of war by the Iraqi government, along with two other
American POWs, were found by U. S. forces and safely returned to
coalition-controlled territory; and
Whereas, As PFC Jessica Lynch recovers from wounds received in
Iraq, all of West Virginia follows her recuperation and prays for
her continued recovery and subsequent return to West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes the courage and
endurance of Private First Class Jessica Lynch as an American
prisoner of war during Operation Iraqi Freedom; and, be it
Further Resolved, That the Legislature, along with a grateful
nation, celebrates the safe return of PFC Jessica Lynch from those
who held her captive in Iraq; and, be it
Further Resolved, That the Legislature expresses its heartfelt
best wishes for the speedy recovery of PFC Jessica Lynch, a
dedicated American who has distinguished herself in service to her
nation; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to PFC Jessica Lynch
and her proud parents, Gregory and Deadra Lynch of Palestine, West
Virginia.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Snyder, and by unanimous consent,
Senator Snyder addressed the Senate regarding the completion of the
women's veterans memorial statue.
Petitions
Senator Hunter presented a petition from Judy L. Chambers and
thirty-six West Virginia residents, urging the Legislature to
support workers' compensation reform legislation permitting injured
workers the right to select doctors of their choice.
Referred to the Committee on Finance.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2004, Continuing equal pay commission.
And has amended same.
Now on second reading, having been read a first time on June
10, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (S. B. No. 2004) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page one, section five, line twenty-one, by striking out
the words "hereby established" and inserting in lieu thereof the
word "continued";
On page one, section five, line twenty-two, after the word
"of" by inserting the words "the following";
On page one, section five, line twenty-two, after the word
"members" by striking out the comma and the words "as follows";
On page two, section five, lines fifteen through nineteen,
after the word "members" by striking out the remainder of the
subsection and inserting in lieu thereof the words "shall be
appointed to serve two-year terms.";
And,
On page two, section five, line twenty-three, by striking out
the words "shall be" and inserting in lieu thereof the word "is".
The bill (S. B. No. 2004), as amended, was then ordered to
engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: White--1.
Absent: Unger--1.
Engrossed Senate Bill No. 2004 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2004) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2004) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2011, Increasing certain court filing fees and
dedicating to courthouse facilities improvement fund and to legal
services for domestic violence victims.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 11, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 2011) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page sixteen, section eleven, lines three and four, by
striking out the words "Beginning on and after the first day of
January, two thousand two, for" and inserting in lieu thereof the
word "For".
The bill (S. B. No. 2011), as amended, was then ordered to
engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
Engrossed Senate Bill No. 2011 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse and Tomblin (Mr. President)--28.
The nays were: Boley, Harrison, Smith and Weeks--4.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2011) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse
and Tomblin (Mr. President)--28.
The nays were: Boley, Harrison, Smith and Weeks--4.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2011) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2012, Allowing agencies, counties and their
instrumentalities to enter into energy saving contracts; leaseback.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 2012 (originating in the Committee on Finance)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 2012) contained in the
preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 2012 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 2012) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 2012) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 2014 (originating in the Committee on the
Judiciary)--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 a
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.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 2014) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2014 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 2014) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2014) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 202, Increasing the amount available from
the consolidated fund as a revolving loan to the West Virginia
economic development authority.
Eng. House Bill No. 203, Expanding funding methods for
community improvement generally.
Eng. House Bill No. 204, Updating the meaning of certain terms
used in the West Virginia personal income tax act.
And,
Eng. House Bill No. 205, Updating the meaning of certain terms
used in the West Virginia corporation net income tax act.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, Engrossed House Bill No. 202 contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 202) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 202) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 202) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Chafin, unanimous consent being
granted, Engrossed House Bill No. 203 contained in the preceding report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 203) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse and Tomblin (Mr. President)--27.
The nays were: Boley, Guills, Harrison, Smith and Weeks--5.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 203) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse and Tomblin
(Mr. President)--27.
The nays were: Boley, Guills, Harrison, Smith and Weeks--5.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 203) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Chafin, unanimous consent being
granted, Engrossed House Bill No. 204 contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 204) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 204) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 204) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Chafin, unanimous consent being
granted, Engrossed House Bill No. 205 contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 205) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 205) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 205) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 2003, Updating fee structure provisions
for certain broker-dealers and agents; other provisions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Weeks and Tomblin (Mr. President)--31.
The nays were: Sprouse--1.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2003) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Weeks and Tomblin (Mr. President)--31.
The nays were: Sprouse--1.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2003) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 2008, Creating Community Enhancement Act.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Senate Bill No. 2009, Continuing funding of
Hatfield-McCoy regional recreation authority projects.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2009) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2009) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 2010, Relating to economic opportunity
districts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Snyder, Sprouse, Weeks and Tomblin (Mr. President)--30.
The nays were: Harrison and Smith--2.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2010) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Weeks and Tomblin (Mr. President)--30.
The nays were: Harrison and Smith--2.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2010) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2013, Relating to workers' compensation
generally.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance in prior proceedings today;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Unger and White--2.
At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 2013) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page fifty-one, section one-a, line one, after the word
"expertise." by inserting the following: Each shall hold a
baccalaureate degree from an accredited college or university:
Provided, That no more than two of the appointed voting members may
serve without a baccalaureate degree from an accredited college or
university if the member has a minimum of fifteen years' experience
in his or her field of expertise.
The following amendments to the bill, from the Committee on
Finance, were next reported by the Clerk, considered
simultaneously, and adopted:
On page fifty-three, section one-a, line seven, after the word "commission" by inserting the words "and provide copies of all
actuarial audits to the Legislature";
On page fifty-four, section one-a, line twenty-five, after the
word "finance." by inserting the following: The commissioner of
workers' compensation, in consultation with the director of
personnel in the department of administration, is directed to
establish a work incentive program to place unemployed qualified
recipients of workers' compensation benefits in state or local
government employment. The commissioner shall submit a report on
this employment program, together with drafts of any legislation
necessary to effectuate the program, to the joint committee on
government and finance on or before the fourteenth day of January,
two thousand four, and shall appear before the committee to explain
the program.;
On page fifty-seven, section one-b, line twenty-four, by
striking out the word "July" and inserting in lieu thereof the word
"October";
On page sixty-nine, section two, after line seven, by
inserting a new subsection, designated subsection (g), to read as
follows:
(g) The commissioner shall provide the Legislature with copies
of all internal audit reports.;
On page eighty-two, section one, after line three, by
inserting a new subsection, designated subsection (g), to read as
follows:
(g) Any foreign corporation which, in accordance with its bylaws, supplies its officers to a domestic entity for the purposes
of management of the domestic corporation, partnership, S
corporation or limited liability corporation may choose to elect
out of coverage of the workers' compensation fund for the acting
managers of the domestic corporation, partnership, S corporation or
limited liability corporation.;
And relettering the remaining subsections;
On page eighty-two, section one, lines twenty and twenty-one,
by striking out the words "or member of the board of directors of
the association or corporation" and inserting in lieu thereof the
following: Members of a board of directors of a corporation or
association shall not be required to be covered for benefits under
this chapter.;
On page eighty-two, section one, lines thirty-one and thirty-
two, by striking out the words "members of the board of directors
or who are";
On page eighty-two, section one, line thirty-three, after the
word "treasurer" by inserting the words "or other officers";
On page ninety-two, section four, lines twenty through twenty-
four, by striking out the words "be reduced by one-half and,
further, that portion of the employer's rate increase attributable
to the claims management incentive adjustment shall be payable in
equal quarterly installments concurrent with regular payroll
reports in fiscal years two thousand four, two thousand five and
two thousand six" and inserting in lieu thereof the words "not be
considered a part of the employer's premium taxes and shall not be subject to collection by the commission";
On page one hundred thirty-one, section six, line seventeen,
by inserting a new subdivision, designated subdivision (4), to read
as follows:
(4) It is the intent of the Legislature that certain funds
received pursuant to the Jobs and Growth Tax Relief Reconciliation
Act of 2003, PL 108-27 will be allocated to the workers'
compensation fund and certain funds will be transferred to the
workers' compensation fund from various special revenue agencies.
The commission may expend the principal and any income earned on
these transferred funds to satisfy the obligations of the workers'
compensation fund.;
And renumbering the remaining subdivision;
On page one hundred thirty-one, section six, line nineteen,
after the word "moneys" by inserting the words "up to twenty
million dollars";
On page one hundred sixty-two, section six, line fourteen,
after the word "occurred" by inserting a comma and the words "and
the rate shall not be affected by the amendment and reenactment of
this section during the regular session of the Legislature in the
year one thousand nine hundred ninety-five.";
On page two hundred thirty-five, section eight, line two, by
striking out the words "for a term of six years";
On page two hundred thirty-nine, section ten, lines fifteen
through twenty-seven, by striking out all of subsection (b);
On page two hundred forty-one, section eleven, line three, by striking out the word "three" and inserting in lieu thereof the
word "four";
On page two hundred forty-two, section eleven, lines thirty-
one through thirty-two, after the word "thereto" by striking out
the comma and the words "except a judicial office";
And,
On page two hundred forty-eight, section eighteen, line one,
by inserting the following:
Pursuant to the provisions of article ten, chapter four of
this code, the workers' compensation board of review shall continue
to exist until the thirty-first day of December, two thousand
eight, unless sooner terminated, continued or reestablished by act
of the Legislature.
On motion of Senator Chafin, the Senate recessed for ten
minutes.
Night Session
Upon expiration of the recess, the Senate reconvened and
resumed consideration of
Senate Bill No. 2013, Relating to workers' compensation
generally.
The following amendment to the bill, from the Committee on
Finance, was next reported by the Clerk and adopted:
On page one hundred sixty-four, section six, lines eleven
through thirty, by striking all of paragraph (1) and inserting in
lieu thereof a new paragraph (1), to read as follows:
(e) (1) For all awards made on or after the effective date of the amendment and reenactment of this section during the year two
thousand three, if the injury causes permanent disability less than
permanent total disability, the percentage of disability to total
disability shall be determined and the award computed on the basis
of four weeks' compensation for each percent of disability
determined, at the maximum or minimum benefit rates as follows:
Sixty-six and two-thirds percent of the average weekly wage
earnings, wherever earned, of the injured employee at the date of
injury, not to exceed seventy percent of the average weekly wage in
West Virginia: Provided, That in no event shall an award for
permanent partial disability be subject to annual adjustments
resulting from changes from the average weekly wage in West
Virginia: Provided, however, That in the case of a claimant whose
award was granted prior to the effective date of the amendment and
reenactment of this section during the year two thousand three the
maximum benefit rate shall be the rate applied under the prior
enactment of this section which was in effect at the time the
injury occurred.
The bill (S. B. No. 2013), as amended, was ordered to
engrossment and third reading.
Engrossed Senate Bill No. 2013 was then read a third time and
put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 2013
pass?"
On the passage of the bill, the yeas were: Boley, Bowman, Deem, Edgell, Facemyer, Guills, Harrison, Helmick, Jenkins,
Kessler, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and
Tomblin (Mr. President)--25.
The nays were: Bailey, Caldwell, Chafin, Dempsey, Fanning,
Hunter and Love--7.
Absent: Unger and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2013) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one through three, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 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; to
further amend said article 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 of said code 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 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 powers and duties of board; creating position of
executive director; establishing qualifications; establishing
procedure for removal; setting forth 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 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-insure 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 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 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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Deem, Edgell,
Facemyer, Guills, Harrison, Helmick, Jenkins, Kessler, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--25.
The nays were: Bailey, Caldwell, Chafin, Dempsey, Fanning,
Hunter and Love--7.
Absent: Unger and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2013) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Ross.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 2001, Providing for executive appointment
of members of pension bond review committee.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page three, section four, line nineteen, by striking out the word "six" and inserting in lieu thereof the word "four".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 2001, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Weeks and Tomblin (Mr. President)--29.
The nays were: Harrison and Smith--2.
Absent: Plymale, Unger and White--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2001) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Weeks and Tomblin (Mr. President)--29.
The nays were: Harrison and Smith--2.
Absent: Plymale, Unger and White--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2001) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again proceeded to the twelfth order of business.
Remarks were made by Senator Snyder.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, June 13, 2003, at 12 Noon.
____________
FRIDAY, JUNE 13, 2003
The Senate met at 12 Noon.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Larry L. Rowe, a senator
from the seventeenth district.
Pending the reading of the Journal of Thursday, June 12, 2003,
On motion of Senator Minear, the Journal was approved and the
further reading thereof dispensed with.
On motion of Senator Love, the special order of business set
for this position on the calendar (consideration of legislative
nomination) was postponed and placed under unfinished business for
tomorrow, Saturday, June 14, 2003.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2007, Amending state excess lottery revenue
fund.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 2007) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section eighteen-a, line ten, by striking out the
words "hereby created" and inserting in lieu thereof the word
"continued";
On page two, section eighteen-a, line eleven, by striking out
the words "shall be" and inserting in lieu thereof the word "is";
On page two, section eighteen-a, line thirteen, by striking
out the words "shall consist" and inserting in lieu thereof the
word "consists";
On page nine, section eighteen-a, line seven, by striking out
the words "hereby created" and inserting in lieu thereof the word
"continued";
On page ten, section eighteen-a, line twenty-three, by
striking out "(d)";
On page twelve, section eighteen-a, line eleven, by striking
out the word "deemed" and inserting in lieu thereof the word
"considered";
On page fourteen, section eighteen-a, line nine, by striking
out "(d)";
On page fifteen, section eighteen-a, line nineteen, by
striking out the word "Should" and inserting in lieu thereof the
word "If";
On page fifteen, section eighteen-a, line twenty-one, by
striking out "(d)";
On page fifteen, section eighteen-a, line twenty-one, by
striking out the word "hereby";
On page sixteen, section eighteen-a, line three, by striking
out "(12)";
On page sixteen, section eighteen-a, line thirteen, by
striking out the word "foregoing" and inserting in lieu thereof the
words "provisions of this subsection";
And,
On page sixteen, section eighteen-a, line fifteen, by striking
out the word "aforesaid".
The bill (S. B. No. 2007), as amended, was then ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
Engrossed Senate Bill No. 2007 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, White and Tomblin (Mr. President)--29.
The nays were: Guills, Harrison, Smith and Weeks--4.
Absent: Unger--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2007) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, White and Tomblin (Mr. President)--29.
The nays were: Guills, Harrison, Smith and Weeks--4.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2015 (originating in the Committee on
Finance)--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.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 2015) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2015 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2015) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2015) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
Petitions
Senator Plymale presented a petition from Deborah R. Freidin
and forty-nine West Virginia residents, urging the Legislature to
support workers' compensation reform legislation permitting injured
workers the right to select doctors of their choice.
Referred to the Committee on the Judiciary.
Senator McCabe presented a petition from Terry Bryant and
numerous West Virginia residents, urging the Legislature to support
workers' compensation reform legislation permitting injured workers
the right to select doctors of their choice.
Referred to the Committee on the Judiciary.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Rowe.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator White, unanimous consent being
granted, it was ordered that the Journal show had Senator White
been present in the chamber on yesterday, Thursday, June 12, 2003,
he would have voted "yea" on the passage of Engrossed Senate Bill
No. 2001, Engrossed Senate Bill No. 2003, Engrossed Senate Bill No.
2009, Engrossed Senate Bill No. 2010, Engrossed Senate Bill No.
2011, Engrossed Committee Substitute for Senate Bill No. 2012,
Engrossed Senate Bill No. 2014, Engrossed House Bill No. 202,
Engrossed House Bill No. 203, Engrossed House Bill No. 204 and
Engrossed House Bill No. 205; and "nay" on the passage of Engrossed
Senate Bill No. 2013.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Saturday, June 14, 2003, at 2 p.m.
____________
SATURDAY, JUNE 14, 2003
The Senate met at 2 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Walt Helmick, a senator
from the fifteenth district.
Pending the reading of the Journal of Friday, June 13, 2003,
On motion of Senator Caldwell, the Journal was approved and
the further reading thereof dispensed with.
At the request of Senator Facemyer, and by unanimous consent,
Senator Facemyer addressed the Senate regarding Enrolled Committee
Substitute for Committee Substitute for Senate Bill No. 583
(Regulating commercial transportation of coal), passed March 8,
2003.
On motion of Senator Chafin, the Senate recessed for thirty
minutes.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 2003, Updating fee structure provisions
for certain broker-dealers and agents; other provisions.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 2004, Continuing equal pay commission.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 2009, Continuing funding of
Hatfield-McCoy regional recreation authority projects.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 2010, Relating to economic opportunity
districts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the provisions of Engrossed
House Bill No. 220.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 2010, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, White and Tomblin (Mr. President)--29.
The nays were: Guills, Harrison, Smith and Weeks--4.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2010) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, White and Tomblin (Mr. President)--29.
The nays were: Guills, Harrison, Smith and Weeks--4.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2010) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, to take effect from passage, and requested the concurrence
of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 2011, Increasing certain court filing
fees and dedicating to courthouse facilities improvement fund and
to legal services for domestic violence victim.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the bill was reported by the Clerk:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 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.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 2011, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, White and Tomblin (Mr. President)--29.
The nays were: Boley, Harrison, Smith and Weeks--4.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2011) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
White and Tomblin (Mr. President)--29.
The nays were: Boley, Harrison, Smith and Weeks--4.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2011) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 2014, Relating generally to promulgation
of administrative rules by various executive or administrative
agencies.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 2015, Relating to receipt and
disbursement of funds for construction of veterans' nursing home.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 201, Memorializing life of
Specialist George A. Mitchell, Jr., who served in Operation Iraqi
Freedom.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 202, Recognizing Private
First Class Jessica Lynch who served in Operation Iraqi Freedom.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill (Eng. H. B. No. 210) was then read a second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
On page four, line seventeen, after the word "of" by inserting
the words "fund 0131, fiscal year 2003, activity 099 ($79,333),".
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 210) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 210) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 210) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 211) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 211) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 211) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 214) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 214) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 214) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 215) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 215) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 215) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 216) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 216) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 216) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 217) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 217) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 217) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 218) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 218) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 218) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 223) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 223) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 223) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 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 request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Unger--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 224) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 224) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 224) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 201--Providing for the
issuance of not to exceed three billion nine hundred million
dollars of bonds pursuant to article eight, chapter twelve of the
code of West Virginia.
Resolved by the Legislature of West Virginia:
That pension bonds in the principal amount not to exceed three
billion nine hundred million dollars are authorized to be sold by
the Governor during the time period set forth in section four, article eight, chapter twelve of the code of West Virginia; and, be
it
Further Resolved, That the terms of the bonds shall be
determined by the Governor and as set forth in the trust indenture
approved by the Governor; and, be it
Further Resolved, That the Governor shall sell the bonds
herein mentioned at such time or times, in such amounts, not
exceeding the aggregate principal amount described above, at such
prices during the fiscal year as he may determine necessary to
provide funds for the purposes set forth below: Provided, That
before the sale of any such bonds the Governor shall deliver the
written findings required by section five, article eight, chapter
twelve of the code of West Virginia; and, be it
Further Resolved, That the maximum costs associated with the
issuance of the bonds, excluding fees for bond insurance, credit
enhancement and liquidity facilities, plus underwriter's discount
and any other costs associated with the issuance shall not exceed,
in the aggregate, the sum of one percent of the aggregate principal
amount of bonds issued, the payment of such costs to be subject to
final approval by the review committee established pursuant to
section four, article eight, chapter twelve of the code of West
Virginia; and, be it
Further Resolved, That the net proceeds of sales of all bonds
herein authorized shall be paid to the Consolidated Public
Retirement Board pursuant to section seven, article eight, chapter
twelve of the code of West Virginia and used for the purposes set forth in said article; and, be it
Further Resolved, That this resolution shall supercede in all
respects Senate Concurrent Resolution No. 35 adopted during the two
thousand three regular session of the Legislature.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, and on
this question Senator Deem demanded the yeas and nays.
Following discussion,
The question being "Shall House Concurrent Resolution No. 201
be adopted?"
The roll being taken, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Sharpe, Snyder, White and Tomblin (Mr.
President)--24.
The nays were: Boley, Deem, Guills, Harrison, McKenzie, Rowe,
Smith, Sprouse and Weeks--9.
Absent: Unger--1.
So, a majority of those present and voting having voted in the
affirmative, the President declared the resolution (H. C. R. No.
201) adopted.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
On motion of Senator Chafin, the Senate recessed for five minutes.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 2013, Relating to workers' compensation
generally.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, by striking out everything after the enacting
clause and inserting in lieu thereof the provisions of Engrossed
House Bill No. 200;
And,
On pages one through three, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 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 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 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 a 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-f; 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; 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; 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; 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 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; establishing
position, powers and duties of executive director; establishing
qualifications; establishing procedure for removal; providing
violator system to prohibit certain persons from obtaining state
licenses, certificates and permits in certain circumstances;
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;
providing for the adoption of workers' compensation rules by commission; transferring assets and contracts; establishing fraud
and abuse investigation and prosecution unit; providing powers and
duties of 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 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; providing additional civil
remedies for violations of law; allowing certain elected local
officials not to participate in workers' compensation; providing
that limited liability companies may elect to not provide workers'
compensation coverage to certain members; clarifying that
extraction of natural resources is provision of services; requiring
promulgation of 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-insure 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 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-insured
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 liability of attorney for certain fees and expenses;
prohibiting a claimant from receiving certain workers' compensation
benefits and private 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 certain employers with
managed health care plans to require employees to use the plan for
treatment of compensable injuries; exceptions; authorizing
commission to establish managed health care plans;
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; eliminating annual
increases in benefits; reducing certain benefit rates; establishing
new criteria for eligibility for benefits for certain injuries and
diseases; increasing to fifty percent the percentage of whole body
impairment for eligibility for consideration for a permanent total
disability award; establishing internal operative dates; requiring
executive director to promulgate a rule to establish requirements
for an application for permanent total disability benefits;
specifying application required for claim for permanent total
disability benefits; providing for establishment of an onset date
for permanent total disability benefits; providing for increase of
minimum aggregation of percentages permanent disability or medical
impairment prior to applying for permanent total disability award;
providing for prior disability awards excluded from calculation;
providing that ability to acquire skills may be considered in
permanent total disability determination; providing that neither
certain proximity of employment nor comparison of wages may be considered when determining permanent total disability; terminating
permanent total disability benefits at age seventy in certain
circumstances; eliminating 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; modifying provisions for vocational rehabilitation
services; authorizing reopening and review of claims; establishing
duty to provide information to commission; expanding monitoring in
injury claims; authorizing suspension or termination of benefits in
certain circumstances; removing certain offset provisions;
providing certain incentives for premium discounts; providing that
certain portion of rate increase not be subject to collection;
expanding sources from which overpayment of benefits and awards may
be collected; providing for further examinations of certain
disability benefit recipients; providing for transfer of certain
funds from and to coal-workers' pneumoconiosis fund; permitting
certain employers to self-insure certain obligations; providing for
the settlement of claims; providing a statute of limitations on
employer liability in certain circumstances; requiring certain
security or bond from employers; administration of claims by self-
insured employers; requiring certain additional amounts to be paid
to the commission by employers; providing circumstances in which
employers are in default in obligations to the commission; requiring commission approval of employer use of third-party
administrator; requiring electronic transfer of funds; providing
time limitation for certain payments; authorizing rule to permit
employers to contract with certain providers of services in certain
circumstances; providing for payments of certain benefits during
participation in certain rehabilitation plans; providing for
termination of or limitation on certain benefits in certain
circumstances; requiring rules for certain administrative
functions; requiring expedited hearings in certain circumstances;
providing for finality of certain administrator decisions;
providing standards of review; providing for mediation; providing
for removal of chief administrative law judge; providing for
appeals; establishing time frames for appeals; establishing
standards for appeal; creating workers' compensation board of
review; providing for appointment of members of board by the
governor; establishing qualifications of judges; establishing
position of chief judge; authorizing 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; providing civil and criminal penalties
and judgments for restitution; making technical corrections and
removing archaic language throughout; and providing conforming
amendments.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
The Clerk announced that the following notice of pairs on the passage of the bill was on his desk.
Senator Minard--Yea Senator Bailey--Nay.
Engrossed Senate Bill No. 2013, as amended by the House of
Delegates, was then put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 2013
pass?"
On the passage of the bill, the yeas were: Boley, Bowman,
Deem, Edgell, Facemyer, Guills, Harrison, Helmick, Jenkins,
Kessler, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--24.
The nays were: Caldwell, Chafin, Dempsey, Fanning, Hunter,
Love and White--7.
Absent: Unger--1.
Paired: Minard (For) Bailey (Against)--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2013) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Deem, Edgell,
Facemyer, Guills, Harrison, Helmick, Jenkins, Kessler, McCabe,
McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Weeks and Tomblin (Mr. President)--24.
The nays were: Caldwell, Chafin, Dempsey, Fanning, Hunter,
Love and White--7.
Absent: Bailey, Minard and Unger--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 2013) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 202--Providing for an
adjournment of the Legislature until the 29th day of June, 2003,
unless reconvened prior thereto by a majority vote of the Committee
on Rules of the House of Delegates and a majority vote of the
Committee on Rules of the Senate.
Resolved by the Legislature of West Virginia:
That when adjournment is taken by the respective houses on
today, such adjournment shall be until 3:00 p.m., on the 29th day
of June, 2003, unless the Legislature be called to reconvene prior
thereto by a majority vote of the Committee on Rules of the House
of Delegates and by a majority vote of the Committee on Rules of
the Senate.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
On motion of Senator Chafin, the following amendments to the
resolution were reported by the Clerk, considered simultaneously, and adopted:
On page one, line six, by striking out "29th" and inserting in
lieu thereof "30th";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
House Concurrent Resolution No. 202--Providing for an
adjournment of the Legislature until the 30th day of June, 2003,
unless reconvened prior thereto by a majority vote of the Committee
on Rules of the House of Delegates and a majority vote of the
Committee on Rules of the Senate.
The question being on the adoption of the resolution, as
amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Jenkins, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, with its Senate amended title, of
House Concurrent Resolution No. 202, Providing for an
adjournment of the Legislature until the 30th day of June, 2003.
Under authority of House Concurrent Resolution No. 202
hereinbefore adopted,
On motion of Senator Chafin, the Senate adjourned until
Monday, June 30, 2003, at 3 p.m.
__________