SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2003

THIRD DAY

____________

Charleston, W. Va., 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.
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