WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2003

SIXTH DAY

____________

Charleston, W. Va., Monday, June 30, 2003

     Pursuant to the adjournment of June 14, 2003, under authority of
     House Concurrent Resolution No. 202, Providing for an adjournment of the Legislature until the 30th day of June, 2003.
     The Senate reassembled in extraordinary session in its chamber in the state capitol in the City of Charleston, at 3 p.m., and was called to order by its President, the Honorable Earl Ray Tomblin.
     Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
     Pending the reading of the Journal of Saturday, June 14, 2003,
     On motion of Senator Caldwell, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded 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 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. Com. Sub. for Senate Bill No. 2012, Allowing agencies, counties and their instrumentalities to enter into energy saving contracts; leaseback.
     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 two, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed House Bill No. 222;
     And,
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for 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, relating to authorizing state agencies to enter into performance-based contracts with qualified providers of energy-conservation measures for the purpose of reducing energy operating costs of agency-owned buildings.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 2012, 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, 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. Com. Sub. for S. B. No. 2012) 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, 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. 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.
     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. 212--A Bill
expiring funds to the unappropriated surplus balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand three, in the amount of three million dollars from the revenue shortfall reserve fund, fund 2038, organization 0201, and making a supplementary appropriation of public moneys out of the treasury from the unappropriated surplus balance for the fiscal year ending the thirtieth day of June, two thousand three, to the governor's office - civil contingent fund, fund 0105, fiscal year 2003, organization 0100.
     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. 213--A Bill
making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the state fund, general revenue, to the department of education - state department of education, fund 0313, fiscal year 2004, organization 0402, to the department of education and the arts - office of the secretary, fund 0294, fiscal year 2004, organization 0431, to the West Virginia development office, fund 0256, fiscal year 2004, organization 0307, and the higher education policy commission - administration - control account, fund 0589, fiscal year 2004, organization 0441, to the higher education policy commission - system - control account, fund 0586, fiscal year 2004, organization 0442, and to the higher education policy commission - legislative - funding priorities - control account, fund 0591, fiscal year 2004, organization 0441, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand four.
     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. 219--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to a new item of appropriation designated to the governor's office - jobs and growth tax relief reconciliation act of 2003, fund 8859, fiscal year 2004, organization 0100, supplementing and amending chapter twenty, acts of the Legislature, regular session, two thousand three, known as the budget bill.
     Referred to the Committee on Finance.
     The Senate proceeded to the fourth order of business.
     Senator Rowe,
from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 16th day of June, 2003, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (H. B. No. 202), Increasing the amount available from the consolidated fund as a revolving loan to the West Virginia economic development authority.
     (H. B. No. 203), Expanding funding methods for community improvement generally.
     (H. B. No. 204), Updating the meaning of certain terms used in the West Virginia personal income tax act.
     And,
     (H. B. No. 205), Updating the meaning of certain terms used in the West Virginia corporation net income tax act.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, House Committee.
                               Sharon Spencer,
                               Chair, Senate Committee.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of June, 2003, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 2001), Providing for executive appointment of members of pension bond review committee.
     (S. B. No. 2003), Updating fee structure provisions for certain broker-dealers and agents; other provisions.
     (S. B. No. 2004), Continuing equal pay commission.
     (S. B. No. 2009), Continuing funding of Hatfield-McCoy regional recreation authority projects.
     (S. B. No. 2010), Relating to economic opportunity districts.
     (S. B. No. 2011), Increasing certain court filing fees and dedicating to courthouse facilities improvement fund and to legal services for domestic violence victims.
     (S. B. No. 2014), Relating generally to promulgation of administrative rules by various executive or administrative agencies.
     (S. B. No. 2015), Relating to receipt and disbursement of funds for construction of veterans' nursing home.
     (H. B. No. 210), Supplemental appropriation to various departments in the governor's office.
     (H. B. No. 211), Supplementary appropriation in the state fund, general revenue, to the department of military affairs and public safety.
     (H. B. No. 214), Expiring funds from the division of banking-assessment and examination fund to the department of tax and revenue-tax division.
     (H. B. No. 215), Supplementary appropriation to the higher education policy commission.
     (H. B. No. 216), Supplementary appropriation to the department of military affairs and public safety-division of veterans' affairs-veterans' home.
     (H. B. No. 217), Supplementary appropriation to a new item of appropriation designated to the board of pharmacy.
     (H. B. No. 218), Supplementary appropriation to a new item of appropriation designated to the department of military affairs and public safety - division of veterans' affairs.
     (H. B. No. 223), Expiring funds to the balance of the workers' compensation fund.
     And,
     (H. B. No. 224), Expiring funds to the unappropriated balance in the state excess lottery revenue fund.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.

     Without objection, the Senate returned to the third order of business.
Executive Communications

     The Clerk then presented communications from His Excellency, the Governor, advising that on June 19, 2003, he had approved Enr. Senate Bill No. 2001, Enr. Senate Bill No. 2003, Enr. Senate Bill No. 2004, Enr. Senate Bill No. 2011, Enr. Senate Bill No. 2014, Enr. Senate Bill No. 2015, Enr. House Bill No. 202, Enr. House Bill No. 203, Enr. House Bill No. 204 and Enr. House Bill No. 205; on June 23, 2003, he had approved Enr. House Bill No. 210 and Enr. House Bill No. 214; on June 24, 2003, he had approved Enr. Senate Bill No. 2009, Enr. House Bill No. 215, Enr. House Bill No. 216, Enr. House Bill No. 217, Enr. House Bill No. 218, Enr. House Bill No. 223 and Enr. House Bill No. 224; and on June 25, 2003, he had approved Enr. Senate Bill No. 2010 and Enr. House Bill No. 211.
     The Senate proceeded to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator McCabe, the Senate requested the return from the House of Delegates of
     Enr. Senate Bill No. 2013, Relating to workers' compensation generally.
     Passed by the Senate on Saturday, June 14, 2003,
     The bill still being in the possession of the Senate,
     On motion of Senator McCabe, the Senate reconsidered the vote as to the effective date and passage of the bill.
     On motion of Senator Chafin, the Senate reconsidered its action by which on Saturday, June 14, 2003, it adopted Senator Chafin's motion that the Senate concur in the House of Delegates amendments to the bill (shown in the Senate Journal of that day, pages 90 to 95, inclusive).
     The vote thereon having been reconsidered,
     The question again being on the adoption of Senator Chafin's motion that the Senate concur in the House of Delegates amendments to the bill.
     At the request of Senator Chafin, and by unanimous consent, his foregoing motion was withdrawn.
     On motions of Senators Tomblin (Mr. President), Sprouse and McCabe, the following amendments to the House of Delegates amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     O
n page eighteen, section one, after line four, by inserting a new subsection, designated subsection (m), to read as follows:
     (m) The amendments to this section effected by the enactment of Enrolled Senate Bill No. 2013 in the year two thousand three shall become operative on the first day of October, two thousand three.;
     On page fifty-seven, section one, after line twenty-one, by inserting a new subsection, designated subsection (d), to read as follows:
     (d) It is the intent of the Legislature that the transfer of the administration of the workers' compensation system of this state from the workers' compensation division under the commissioner of the bureau of employment programs to the workers' compensation commission under its executive director and the workers' compensation board of managers is to become effective the first day of October, two thousand three. Any provisions of the enactment of Enrolled Senate Bill No. 2013 in the year two thousand three relating to the transfer of the administration of the workers' compensation system of this state that conflict with the intent of the Legislature as described in this subsection shall, to that extent, become operative on the first day of October, two thousand three, and until that date, prior enactments of this code in effect on the effective date of Enrolled Senate Bill No. 2013 relating to the administration of the workers' compensation system of this state, whether amended and reenacted or repealed by the passage of Enrolled Senate Bill No. 2013, have full force and effect. All provisions of the enactment of Enrolled Senate Bill No. 2013 in the year two thousand three relating to matters other than the transfer of the administration of the workers' compensation system of this state shall become operative on the effective date of that enactment, unless otherwise specifically provided for in that enactment.;
     On page one hundred fifteen, section four, line sixteen, after the word "surcharges" by inserting a comma and the words "except for individual employer merit rate adjustments,";
     On page one hundred eighty-one, section one-c, line twenty- four, after "(h)", by inserting the following: In the event that an employer files a timely objection to any order of the division with respect to compensability, or any order denying an application for modification with respect to temporary total disability benefits, or with respect to those expenses outlined in subsection (a), section three of this article, the division shall continue to pay to the claimant such benefits and expenses during the period of such disability. Where it is subsequently found by the division that the claimant was not entitled to receive such temporary total disability benefits or expenses, or any part thereof, so paid, the division shall, when the employer is a subscriber to the fund, credit said employer's account with the amount of the overpayment.;
     On page one hundred eighty-three, section one-d, line twenty- two, by striking out the words "intermediate court of appeals" and inserting in lieu thereof the words "workers' compensation board of review";
     On page one hundred eighty-seven, line eleven, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:
§23-4-1g. Weighing of evidence.;
     On page two hundred twenty-nine, section six, after line seventeen, by striking out subsection (o) in its entirety and inserting in lieu thereof a new subsection (o), to read as follows:
     (o) To confirm the ongoing permanent total disability status of the claimant
, the commission may elect to have any recipient of a permanent total disability award undergo one independent medical examination during each of the first five years that the permanent total disability award is paid and one independent medical examination during each three-year period thereafter until the claimant reaches the age of seventy years: Provided, That the commission may elect to have any recipient of a permanent total disability award under the age of fifty years undergo one independent medical examination during each year that the permanent total disability award is paid until the recipient reaches the age of fifty years, and thereafter one independent medical examination during each three-year period thereafter until the claimant reaches the age of seventy years.;
     On page two hundred forty-three, section seven-a, lines three and four, by striking out the words "but shall not be liable by offset or otherwise for the excess paid";
     On page three hundred eleven, section nine, line one, by striking out the word "September" and inserting in lieu thereof the word "October";
     On page three hundred eleven, section nine, lines eighteen and nineteen, by striking out the words "and in article one-b, chapter fifty-one of this code";
     On page three hundred twelve, section eleven, subsection (c), by striking out the word "judges" and inserting in lieu thereof the word "members";
     On page three hundred twelve, section eleven, subsection (d), by striking out the word "judges" and inserting in lieu thereof the word "members";
     On page three hundred twelve, section eleven, subsection (d), after the word "party." by adding the following: The members of the board of review shall be paid an annual salary of eighty-five thousand dollars. Members are entitled to be reimbursed for actual and necessary travel expenses incurred in the discharge of official duties in a manner consistent with the guidelines of the travel management office of the department of administration.;
     On page three hundred twelve, section eleven, subsection (g), by striking out the words "are, or who represent" and inserting in lieu thereof the words "is, or who represents";
     On page three hundred twelve, section eleven, subsection (i), after the words "appointments, one" by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section eleven, subsection (i), after the words "six; one" by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section eleven, subsection (i), after the words "eight; and one" by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section eleven, subsection (j), by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section eleven, subsection (k), after the words "(k) No" by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section eleven, subsection (k), after the words "requires the" by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section eleven, subsection (k), after the word " office. No" by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section eleven, subsection (m), after the word "its" by striking out the word "judges" and inserting in lieu thereof the word "members";
     On page three hundred twelve, section eleven, subsection (m), after the word "be" by striking out the words "chief judge" and inserting in lieu thereof the word "chairman";
     On page three hundred twelve, section eleven, subsection (m), after the words "absence of the" by striking out the words "chief judge" and inserting in lieu thereof the word "chairman";
     On page three hundred twelve, section eleven, subsection (m), after the word "other" by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section eleven, subsection (m), after the words "designated by the" by striking out the word "judges" and inserting in lieu thereof the word "members";
     On page three hundred twelve, section eleven, subsection (m), after the word "as" by striking out the words "chief judge" and inserting in lieu thereof the word "chairman";
     On page three hundred twelve, section eleven, subsection (p), by striking out the words "during term and in vacation";
     On page three hundred twelve, section eleven, subsection (p), by striking out the words "chief judge" and inserting in lieu thereof the word "chairman";
     On page three hundred twelve, section eleven, subsection (r), by striking out the word "judge" and inserting in lieu thereof the word "member";
     On page three hundred twelve, section twelve, subsection (a), after the word "no" by striking out the word "such";
     On page three hundred twelve, section twelve, subsection (a), after the word "allowed," by striking out the word "such" and inserting in lieu thereof the word "the";
     On page three hundred twelve, section twelve, subsection (a), by striking out the words "being hereby declared to be" and inserting in lieu thereof the word "is";
     On page three hundred twelve, section twelve, subsection (a), after the word "to" by striking out the word "such";
     On page three hundred twelve, section twelve, subsection (a), after the word "jurisdictional" by striking out the semicolon and the words "and the" and inserting in lieu thereof a period and the word "The";
     On page three hundred twelve, section twelve, subsection (d), by striking out the word "therein";
     On page three hundred twelve, section twelve, subsection (d), after the word "take" by striking out the word "such";
     On page three hundred twelve, section twelve, subsection (d), after the word "board" by striking out the comma and the words "and shall take the same";
     On page three hundred twelve, section twelve, subsection (d), after the word "case" by striking out the comma and the word "giving" and inserting in lieu thereof a period and the words "The chief administrative law judge shall give";
     On page three hundred twelve, section twelve, subsection (d), after the words "notice of" by striking out the word "such" and inserting in lieu thereof the word "the";
     On page three hundred twelve, section twelve, subsection (d), after the word "evidence" by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page three hundred twelve, section twelve, subsection (d), after the words "completion of" by striking out the word "such" and inserting in lieu thereof the word "a";
     On page three hundred twelve, section twelve, subsection (d), after the words "law judge" by striking out the comma and the word "which" and inserting in lieu thereof a period and the word "The";
     On page three hundred twelve, section twelve, subsection (d), by striking out the words "like manner as in the first instance" and inserting in lieu thereof the words "the same manner as other appeals";
     On page three hundred twelve, section twelve, subsection (d), after the word "following" by striking out the word "such";
     On page three hundred twelve, section fifteen, subsection (a), by striking out the words "being hereby declared to be" and inserting in lieu thereof the word "is";
     On page three hundred twelve, section fifteen, subsection (a), after the words "receipt of" by striking out the word "such" and inserting in lieu thereof the word "the";
     On page three hundred twelve, section fifteen, subsection (a), by striking out the words "And if" and inserting in lieu thereof the words "If review is";
     On page three hundred twelve, section fifteen, subsection (a), after the word "before" by striking out the word "such" and inserting in lieu thereof the word "an";
     On page three hundred twelve, section fifteen, subsection (a), by striking out the word "thereon";
     On page three hundred twelve, section fifteen, subsection (a), after the words "same. If a review" by striking out the word "be" and inserting in lieu thereof the word "is";
     On page three hundred twelve, section fifteen, subsection (a), after the words "certified question" by striking out the word "be" and inserting in lieu thereof the word "is";
     On page three hundred twelve, section fifteen, subsection (a), after the words "mail. If a review" by striking out the word "be" and inserting in lieu thereof the word "is";
     On page three hundred twelve, section fifteen, subsection (a), after the word "Every" by striking out the word "such";
     On page three hundred twelve, section fifteen, subsection (a), after the word "for" by striking out the word "such" and inserting in lieu thereof the word "that";
     On page three hundred twelve, section fifteen, subsection (a), after the word "matter" by striking out the word "so";
     On page three hundred twelve, section fifteen, subsection (a), by striking out the word "division" and inserting in lieu thereof the word "commission";
     On page three hundred twelve, section fifteen, subsection (a), after the words "The cost of" by striking out the word "such" and inserting in lieu thereof the word "the";
     On page three hundred twelve, section fifteen, subsection (a), by striking out the words "be unsuccessful, and if" and inserting in lieu thereof the words "is unsuccessful. If";
     On page three hundred twelve, section fifteen, subsection (a), after the words "case the latter" by striking out the word "be" and inserting in lieu thereof the word "is";
     On page three hundred twelve, section fifteen, subsection (a), by striking out the words "be unsuccessful, such" and inserting in lieu thereof the words "is unsuccessful, the";
     On page three hundred twelve, section fifteen, by striking out subsection (b) in its entirety and inserting in lieu thereof the following:
     (b) In reviewing a decision of the board of review, the supreme court of appeals shall consider the record provided by the board and give deference to the board's findings, reasoning and conclusions, in accordance with subsections (c) and (d) of this section.
_____
(c) If the decision of the board represents an affirmation of a prior ruling by both the commission and the office of judges that was entered on the same issue in the same claim, the decision of the board may be reversed or modified by the supreme court of appeals only if the decision is in clear violation of constitutional or statutory provision, is clearly the result of erroneous conclusions of law, or is based upon the board's material misstatement or mischaracterization of particular components of the evidentiary record. The court may not conduct a de novo re- weighing of the evidentiary record. If the court reverses or modifies a decision of the board pursuant to this subsection, it shall state with specificity the basis for the reversal or modification and the manner in which the decision of the board clearly violated constitutional or statutory provisions, resulted from erroneous conclusions of law, or was based upon the board's material misstatement or mischaracterization of particular components of the evidentiary record.
_____(d) If the decision of the board effectively represents a reversal of a prior ruling of either the commission or the office of judges that was entered on the same issue in the same claim, the decision of the board may be reversed or modified by the supreme court of appeals only if the decision is in clear violation of constitutional or statutory provisions, is clearly the result of erroneous conclusions of law, or is so clearly wrong based upon the evidentiary record that even when all inferences are resolved in favor of the board's findings, reasoning and conclusions, there is insufficient support to sustain the decision. The court may not conduct a de novo re-weighing of the evidentiary record. If the court reverses or modifies a decision of the board pursuant to this subsection, it shall state with specificity the basis for the reversal or modification and the manner in which the decision of the board clearly violated constitutional or statutory provisions, resulted from erroneous conclusions of law, or was so clearly wrong based upon the evidentiary record that even when all inferences are resolved in favor of the board's findings, reasoning and conclusions, there is insufficient support to sustain the decision.;
     On page three hundred twenty, line nineteen, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:
§23-5-18. Termination of the workers' compensation appeal board and the workers' compensation board of review.;

     On page three hundred twenty, section eighteen, lines twenty- five through twenty-seven, by striking out the words "the provisions of sections ten, eleven, twelve, fourteen and fifteen of this article shall be of no further force and effect,";
     On page three hundred twenty-one, section eighteen, lines two and three, by striking out the words "intermediate court of appeals created in article one-b, chapter fifty-one of this code." and inserting in lieu thereof the following: board of review.
     Pursuant to the provisions of article ten, chapter four of this code, the workers' compensation board of review shall continue to exist until the first day of July, two thousand nine, unless sooner terminated, continued or reestablished by act of the Legislature.;
     On pages three hundred twenty-seven through three hundred thirty-three, by striking out article one-b, chapter fifty-one in its entirety;
     And,
     On pages one through three, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That 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, be repealed; that section five-b, article two, chapter twenty-three of said code be repealed; that section seven, article four-a of said chapter be repealed; that section thirty-three-d, article three, chapter five- a of said code be amended and reenacted; that sections four and five, article three, chapter five-b of said code be amended and reenacted; that section one, article two, chapter five-f of said code be amended and reenacted; that section seven, article twelve, chapter eleven of said code be amended and reenacted; that section four, article one-a, chapter twelve of said code be amended and reenacted; that section six, article six of said chapter be amended and reenacted; that section ten, article two, chapter fifteen of said code be amended and reenacted; that section fifteen, article one, chapter sixteen of said code be amended and reenacted; that section three, article twenty-nine-d of said chapter be amended and reenacted; that section three, article thirty-six of said chapter be amended and reenacted; that section twenty-six, article nine-a, chapter eighteen of said code be amended and reenacted; that section twelve-a, article ten-a of said chapter be amended and reenacted; that section two, article ten-k of said chapter be amended and reenacted; that section three, article three-a, chapter twenty-one of said code be amended and reenacted; that section four, article one, chapter twenty-one-a of said code be amended and reenacted; that sections six, six-c and thirteen, article two of said chapter be amended and reenacted; that section eleven, article ten of said chapter be amended and reenacted; that section eight, article three, chapter twenty-two of said code be amended and reenacted; that 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 be amended and reenacted; that said article be further amended by adding thereto eight new sections, designated sections one-a, one-b, one-c, one-d, one-e, one-f, four-a and nineteen; that 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 be amended and reenacted; that section one, article two-a of said chapter be amended and reenacted; that sections one, two and three, article two-b of said chapter be amended and reenacted; that sections one, one-a, two, three and five, article three of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section six; that 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 be amended and reenacted; that said article be further amended by adding thereto a new section, designated section one-g; that sections one, three, five, six and eight, article four-a of said chapter be amended and reenacted; that sections two, five, six and seven, article four-b of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section eight-b; that sections two, three, four and five, article four-c of said chapter be amended and reenacted; that sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen, seventeen and eighteen, article five of said chapter be amended and reenacted; that section two, article eight, chapter twenty-six of said code be amended and reenacted; that sections one hundred twenty-five and one hundred thirty-one, article eighteen, chapter forty-eight of said code be amended and reenacted; and that sections twenty-four-e, twenty-four-f and twenty-four-g, article three, chapter sixty-one of said code be amended and reenacted, all to read as follows: .
     On motion of Senator Bowman, the following amendment to the House of Delegates amendments to the bill (Eng. S. B. No. 2013) was next reported by the Clerk and adopted:
     O
n page one hundred ninety-nine, section three, line two, after the word "commission" by changing the period to a colon and adding the following proviso: Provided, That notwithstanding any other provision of this code to the contrary, the commission shall promulgate in accordance with the provisions of article three, chapter twenty-nine-a of this code a rule effectuating the provisions of this section relating to the provision of health care through managed health care plans or programs.
     On motions of Senators Tomblin (Mr. President), Sprouse and McCabe, the following amendment to the House of Delegates amendment to the title of the bill 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 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-g; to amend and reenact sections one, three, five, six and eight, article four-a of said chapter; to amend and reenact sections two, five, six and seven, article four-b of said chapter; to further amend said article by adding thereto a new section, designated section eight-b; to amend and reenact sections two, three, four and five, article four-c of said chapter; to amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, fifteen, seventeen and eighteen, article five of said chapter; 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 the workers' compensation board of managers; establishing composition of board; establishing qualifications for membership; establishing appointment procedures for members; providing for compensation and travel expenses; setting forth the powers and duties of board; 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 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; 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 the commission to determine self-insured rates; authorizing self-insured employers to obtain third-party insurance for catastrophic claims and requiring copy of policy; prohibiting self-insured employers from contracting with third-party administrators who have not been approved by the commission; allowing for subrogation of medical benefits and authorizing reasonable attorney fees and reasonable portion of costs; eliminating second injury awards and the second injury reserve fund for certain claims; providing for management of the deficit; authorizing emergency fiscal measures; reporting requirements of self-insurers; requiring commission to adopt standards for evaluation of whole-body impairment with regard to certain occupational diseases; providing an expedited appeal to the office of judges where self-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 the 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 the 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 the establishment of an onset date for permanent total disability benefits; providing for increase of minimum aggregation of percentages of 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 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; 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 the termination of or limitation on certain benefits in certain circumstances; requiring rules for certain administrative functions; requiring expedited hearings in certain circumstances; providing for legislative rule making 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 the workers' compensation board of review; authorizing salary for members; providing for appointment of members of board; establishing qualifications of members of the board; establishing position of chairman; 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, as amended.
     Engrossed Senate Bill No. 2013, as amended, was then put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, 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)--26.
     The nays were: Bailey, Chafin, Dempsey, Fanning, Hunter, Love and White--7.
     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. 2013) passed with its Senate amended title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, 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)--26.
     The nays were: Bailey, Chafin, Dempsey, Fanning, Hunter, Love and White--7.
     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. 2013) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Pending announcement of a meeting of a standing committee of the Senate,
     On motion of Senator Chafin, the Senate recessed until 4:45 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. 2016 (originating in the Committee on Finance)--A Bill
to amend section nine, Title II, chapter twenty, acts of the Legislature, regular session, two thousand three, by making a new appropriation of public moneys out of the treasury in accordance with section fifty-one, article VI of the constitution making appropriations from surplus accrued certain amounts within the general revenue fund.
     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. 2016) 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, 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)--32.
     The nays were: None.
     Absent: Facemyer and Unger--2.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 2016 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, 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)--32.
     The nays were: None.
     Absent: Facemyer and Unger--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. 2016) 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, 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)--32.
     The nays were: None.
     Absent: Facemyer 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. 2016) 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. 213, Supplementary appropriation of public moneys out of moneys remaining as an unappropriated balance in the state fund, general revenue, to the department of education.
     And has amended same.
     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 (Eng. H. B. No. 213) 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, 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)--32.
     The nays were: None.
     Absent: Facemyer and Unger--2.
     The bill (Eng. H. B. No. 213) was then read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0313, fiscal year 2004, organization 0402, be supplemented and increased in the existing and new line items as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF EDUCATION

34-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2004 Org 0402

_______________________________________________________
        General
                                                     Act-        Revenue
                                                    ivity        Funds

4 Unclassified (R)                                   099     $        900,000
26a  Safe Schools                                    143             1,000,000
  And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0294, fiscal year 2004, organization 0431, be supplemented and increased in new line items as follow:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

40-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2004 Org 0431

_______________________________________________________
        General
                                                     Act-        Revenue
                                                    ivity        Funds

7a   Governor's Honors Academy
     and School for the Arts                         030     $        410,000
7b   Teacher Education Partnerships                  576             600,000
  And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0256, fiscal year 2004, organization 0307, be supplemented and increased in the existing line item as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

BUREAU OF COMMERCE

73-West Virginia Development Office

(WV Code Chapter 5B)

Fund 0256 FY 2004 Org 0307

_______________________________________________________
        General
                                                     Act-        Revenue
                                                    ivity        Funds

39   Local Economic
40              Development Assistance               819     $        900,000
  And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0589, fiscal year 2004, organization 0441, be supplemented and increased in a new line item as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

HIGHER EDUCATION POLICY COMMISSION

85-Higher Education Policy Commission-

Administration-

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2004 Org 0441

_______________________________________________________
        General
                                                     Act-        Revenue
                                                    ivity        Funds

10a  HEAPS Grant Program                             867             1,000,000
  And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0586, fiscal year 2004, organization 0442, be supplemented and increased in the existing and new line items as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

HIGHER EDUCATION POLICY COMMISSION

86-Higher Education Policy Commission-

System-

Control Account

(WV Code Chapter 18B)

Fund 0586 FY 2004 Org 0442

_______________________________________________________
        General
                                                     Act-        Revenue
                                                    ivity        Funds

40   West Virginia University -
41              Potomac State                        994     $        100,000
49a  Tuition offset for Freestanding
49b             Community and Technical
49c             Colleges                             032             300,000
  And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0591, fiscal year 2004, organization 0441, be supplemented and increased in new and existing line items as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

HIGHER EDUCATION POLICY COMMISSION

88-Higher Education Policy Commission-

Legislative-

Funding Priorities

Control Account

(WV Code Chapter 18B)

Fund 0591 FY 2004 Org 0441

_______________________________________________________
        General
                                                     Act-        Revenue
                                                    ivity        Funds
2 Research Challenge                                 502             1,000,000        
2a   Higher Education - Special Projects             488     $        865,000
  The purpose of this supplementary appropriation bill is to increase items of appropriations in the aforesaid accounts for the designated spending units for expenditure during fiscal year two thousand four.
  The bill, as amended, was ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 213) 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, Fanning, 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)--31.
  The nays were: Sprouse--1.
  Absent: Facemyer and Unger--2.
  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. 213) 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 and two, by striking out the title and substituting therefor a new title, to read as follows:
  Eng. House Bill No. 213--A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the state fund, general revenue, to the department of education - state department of education, fund 0313, fiscal year 2004, organization 0402, to the department of education and the arts - office of the secretary, fund 0294, fiscal year 2004, organization 0431, bureau of commerce - West Virginia development office, fund 0256, fiscal year 2004, organization 0307, to the higher education policy commission - administration - control account, fund 0589, fiscal year 2004, organization 0441, higher education policy commission - system - control account, fund 0586, fiscal year 2004, organization 0442, and the higher education policy commission - legislative - funding priorities - control account, fund 0591, fiscal year 2004, organization 0441, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand four.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Fanning, 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)--31.
     The nays were: Sprouse--1.
     Absent: Facemyer 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. H. B. No. 213) 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. 219, Supplementary appropriation to a new item of appropriation designated to the governor's office - jobs and growth tax relief reconciliation act of 2003.
     And has amended same.
     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 (Eng. H. B. No. 219) 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, 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)--32.
     The nays were: None.
     Absent: Facemyer and Unger--2.
     The bill (Eng. H. B. No. 219) was then read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That chapter twenty, acts of the Legislature, regular session, two thousand three, known as the budget bill, be supplemented and amended by adding to Title II, section six thereof the following:
TITLE II - APPROPRIATIONS.

Sec. 6. Appropriations of federal funds.

EXECUTIVE

246a-Governor's Office-

Jobs and Growth Tax Relief

Reconciliation Act of 2003

(WV Code Chapter 5)

Fund 8859 FY 2004 Org 0100

                                                     Act-        Federal
                                                    ivity        Funds

1 Unclassified - Total - Transfer                    402     $        61,493,122
  From the above appropriation for unclassified - total - transfer a total of $14,000,000 shall be transferred to the workers' compensation fund, fund 3440, organization 0322, $19,418,122 shall be transferred to the tax reduction and federal funding increased compliance fund, fund 1732, organization 2300, and a total of $28,075,000 shall be transferred to the general revenue fund.
  The purpose of this supplementary appropriation bill is to supplement this account in the budget act for the fiscal year ending the thirtieth day of June, two thousand four, by providing for a new item of appropriation to be established therein to appropriate federal funds for the designated spending unit for expenditure during the fiscal year two thousand four.
  The bill, as amended, was ordered to third reading.
  Having been engrossed, the bill (Eng. H. B. No. 219) 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, 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)--32.
  The nays were: None.
  Absent: Facemyer and Unger--2.
  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. 219) passed.
  The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
  On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 219--A Bill
making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to a new item of appropriation designated to the governor's office - jobs and growth tax relief reconciliation act of 2003, fund 8859, fiscal year 2004, organization 0100, and transferring certain amounts from that fund to the workers' compensation fund, fund 3440, fiscal year 2004, organization 0322; to the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2004, organization 2300; and to the general revenue fund, all supplementing and amending chapter twenty, acts of the Legislature, regular session, two thousand three, known as the budget bill.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, 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)--32.
     The nays were: None.
     Absent: Facemyer 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. H. B. No. 219) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Without objection, the Senate returned to the third order of business.
     [Clerk's Note: Senate Executive Message No. 1, dated June 10, 2003, was not reported by the Senate.]
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 11, 2003

Senate Executive Message No. 2
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I respectfully submit the following nominations for your advice and consent:
      1.  For Member, Workforce Investment Council, Robert B. Bahr, Moorefield, Hardy County, for the term ending May 22, 2005.
      2.  For Member, Workforce Investment Council, Stan Cavendish, Charleston, Kanawha County, for the term ending May 22, 2005.
      3.  For Member, Workforce Investment Council, Jimmy Colombo, Parkersburg, Wood County, for the term ending May 22, 2005.
      4.  For Member, Workforce Investment Council, Hal Foss, Willow Island, Pleasants County, for the term ending May 22, 2005.
      5.  For Member, Workforce Investment Council, Sharon Hall, Charleston, Kanawha County, for the term ending May 22, 2005.
      6.  For Member, Workforce Investment Council, Homer Kincaid, Morgantown, Monongalia County, for the term ending May 22, 2005.
      7.  For Member, Workforce Investment Council, Nancy Kissinger, Beckley, Raleigh County, for the term ending May 22, 2005.
      8.  For Member, Workforce Investment Council, The Honorable Paul McKown, Charleston, Kanawha County, for the term ending May 22, 2005.
      9.  For Member, Workforce Investment Council, Leslie W. Melton, Charleston, Kanawha County, for the term ending May 22, 2005.
     10.  For Member, Workforce Investment Council, Eric Peters, Sistersville, Tyler County, for the term ending May 22, 2005.
     11.  For Member, Workforce Investment Council, Rodney Rogers, Beverly, Randolph County, for the term ending May 22, 2005.
     12.  For Member, Workforce Investment Council, Lydotta Taylor, Morgantown, Monongalia County, for the term ending May 22, 2005.
     13.  For Member, Workforce Investment Council, Joseph Williams, Huntington, Cabell County, for the term ending May 22, 2005.
     14.  For Member, Workforce Investment Council, Jerry Berry, Hinton, Summers County, for the term ending May 22, 2005.
     15.  For Member, Workforce Investment Council, Heather Johnson, Lansing, Fayette County, for the term ending May 22, 2005.
     16.  For Member, Workforce Investment Council, Tim Dean, Huntington, Cabell County, for the term ending May 22, 2005.
     17. For Member, Workforce Investment Council, Roy Smith, Charleston, Kanawha County, for the term ending May 22, 2005.
     18.  For Member, Health Care Authority, Marilyn G. White, Wheeling, Ohio County, for the term ending March 12, 2009.
     19.  For Member, Investment Management Board, Carlyle Farnsworth, Wheeling, Ohio County, for the term ending January 31, 2009.
     20.  For Member, Investment Management Board, Patrick D. Kelly, Charleston, Kanawha County, for the term ending January 31, 2009.
     21.  For Member, Radiologic Technology Board of Examiners, Dr. Shawn D. Reesman, Daniels, Raleigh County, for the term ending June 30, 2005.
     22.  For Member, Radiologic Technology Board of Examiners, Mark Wilcox, Charleston, Kanawha County, for the term ending June 30, 2005.
     23.  For Member, Radiologic Technology Board of Examiners, Leah Jean Morris, Culloden, Cabell County, for the term ending June 30, 2005.
     24.  For Member, Public Port Authority, Jack Burlingame, Ripley, Jackson County, for the term ending June 30, 2005.
     25.  For Commissioner, Division of Tourism, and Commissioner, Bureau of Commerce, Betty Carver, Belle, Kanawha County, to serve at the will and pleasure of the Governor.
     26.  For Secretary, Department of Environmental Protection, Stephanie Timmermeyer, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
     27.  For Member, Board of Pharmacy, Charles A. Burdette, Buffalo, Putnam County, for the term ending June 30, 2007.
     28.  For Member, Consolidated Public Retirement Board, Everett Gene Davis, Athens, Mercer County, for the term ending June 30, 2007.
     29.  For Member, Council on Aging, Elsie Sims, Bluefield, Mercer County, appointed for the term ending June 30, 2006.
     30.  For Member, Council on Aging, Dottie L. Kellison, Marlinton, Pocahontas County, appointed for the term ending June 30, 2006.
     31.  For Member, Council on Aging, Richard P. Lynch, Shepherdstown, Jefferson County, for the term ending June 30, 2006.
     32.  For Member, Council on Aging, Mary Jo Brady, Buckhannon, Upshur County, for the term ending June 30, 2003.
     33.  For Member, Council on Aging, Earl F. Jarvis, Logan, Logan County, for the term ending June 30, 2003.
     34.  For Member, Board of Medicine, The Honorable Mary Pearl Compton, Union, Monroe County, for the term ending September 30, 2007.
     35.  For Member, Board of Medicine, Orman Richard Bowyer, Fairmont, Marion County, for the term ending September 30, 2007.
     36.  For Member, Housing Trust Fund Board of Directors, Sandra J. Hamilton, Charleston, Kanawha County, for the term ending May 10, 2007.
     37.  For Member, Housing Trust Fund Board of Directors, Gail Stilley, Chapmanville, Logan County, for the term ending May 10, 2003.
     38.  For Member, Board of Control for Southern Regional Education, The Honorable Lloyd G. Jackson II, Hamlin, Lincoln County, for the term ending June 30, 2004.
     39.  For Member, Contractor Licensing Board, Janet Whipkey, Morgantown, Monongalia County, for the term ending June 30, 2006.
     40.  For Member, Board of Occupational Therapy, Paula Glavach Sisler, Morgantown, Monongalia County, for the term ending December 31, 2005.
     41.  For Member, Board of Occupational Therapy, Martin Douglas, Poca, Putnam County, for the term ending December 31, 2005.
     42.  For Member, Real Estate Commission, John Reed, Hurricane, Putnam County, for the term ending June 30, 2007.
     43.  For Member, Archives and History Commission, Betty Nutting, Wheeling, Ohio County, for the term ending June 30, 2004.
     Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
                              Very truly yours,
                               Bob Wise,
                               Governor.
     Which communication was received and referred to the Committee on Confirmations and incorporated with the legislative nomination received earlier this session; all to be considered as a special order of business
under unfinished business.
     Senator Tomblin (Mr. President) then laid before the Senate the following communications from His Excellency, the Governor:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 13, 2003

Senate Executive Message No. 3
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I am respectfully withdrawing the following appointment from Senate Executive Message No. 2 dated June 11, 2003:
     38.  For Member, Board of Control for Southern Regional Education, The Honorable Lloyd G. Jackson II, Hamlin, Lincoln County, for the term ending June 30, 2004.
     It has been determined that this specific situation does not require the Senate's advice and consent. Thank you for the correction of your records.
                              Very truly yours,
                               Bob Wise,
                               Governor.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 30, 2003

Senate Executive Message No. 4
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I am respectfully request that the following correction be made from Senate Executive Message No. 2, Second Extraordinary Session, dated June 11, 2003:
     36.  For Member, Housing Trust Fund Board of Directors, Sandra J. Hamlin, Charleston, Kanawha County, for the term ending May 10, 2007.
     Thank you for correcting your records.
                              Very truly yours,
                               Bob Wise,
                               Governor.
     Which communications were received and referred to the Committee on Confirmations.
     The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 30, 2003

Senate Executive Message No. 5
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     The following amends and replaces the "FY 2004 Official Estimate" "General Revenue Fund - Statement of Revenues by Source" which I submitted to you on January 8, 2003, as part of my Executive Budget Document for the fiscal year ending June 30, 2004:
General Revenue Fund

Statement of Revenues by Source

(Expressed in Thousands)

                                                                                         FY 2004
                                                                                         Official
Source of Revenue                                                            Estimate
Business and Occupation Tax                                           $ 170,500
Consumers Sales Tax                                               937,200        1
Personal Income Tax                                               1,090,600        2
Liquor Profit Transfers                                          9,800
Racing Fees                                                      3,000
Beer Tax and Licenses                                            8,500
Cigarette Tax                                                    97,600  3
Estate Tax                                                       7,100
Business Franchise Fees                                          1,900
Charter Tax                                                      5,300
Use Tax                                            87,300        4
Property Transfer Tax                                            7,300
Property Tax                                                     4,200
Insurance Tax                                                    88,700  5
Departmental Collections                                         13,000  6
Corporate Net Income Tax                                         -0-  7
Miscellaneous Transfers                                          500
Interest Income                                                  15,000
Severance Tax                                                    149,800  8
Business Franchise Tax                                           -0-        9
Telecommunications Tax                                           11,500  10
Miscellaneous Receipts                                           2,500
Smokeless Tobacco Tax                                            5,200
HB 102 - Lottery Transfers                                       126,800
Video Lottery Transfers                                          -0-
Liquor License Renewal                                           -0-
Special Revenue Transfer                                          2,500
Corporate Income/Business Franchise Tax                          167,500  11
JOBS/Growth Tax Relief - Transfer                                 28,075________12
Total                                       $3,041,375________13
1 Revised from            $ 941,100 to $ 937,200 - Decrease of  $ 3,900.
2 Revised from            1,096,000 to 1,090,600 - Decrease of 5,400.
3 Revised from             95,100 to 97,600 - Increase of   2,500.
4 Revised from             83,000 to 87,300 - Increase of   4,300.
5 Revised from             92,300 to 88,700 - Decrease of   3,600.
6 Revised from 9,200 to 13,000 - Increase of    3,800.
7 Revised from             87,000 to -0- - Decrease of   87,000.
8 Revised from             148,000 to 149,800 - Increase of   1,800.
9 Revised from             99,000 to -0- - Decrease of   99,000.
10   Revised from          13,500 to 11,500 - Decrease of   2,000.
11   Revised from          -0- to 167,500 - Increase of   167,500.
12   Revised from          -0- to 28,075 - Increase of   28,075.
13   Revised from         3,034,300 to 3,041,375 - Increase of   7,075.
     The following amends and replaces the "General Revenue Fund Statement of Revenues, Expenditures and Changes in Cash Balance (Expressed in Thousands)" which I submitted to you on January 8, 2003, as part of my Executive Budget Document for the fiscal year ending June 30, 2004:
General Revenue Fund

Statement of Revenues, Expenditures and Changes in Cash Balance

(Expressed in Thousands)

  Actual Cash Balance July 1, 2002                                     $        197,264
LESS:                                                   31 Day Disbursements (July 1, 2002 - July 31, 2002)        $        26,818
  Accumulated Prior Year Reimbursements (July 1, 2002 - July 31, 2002)          (14)
  Prior Year Appropriations Forwarded                   _______150,716________________(177,520)
  Accumulated Surplus from FY 2002                                     $  19,744
LESS:                                                   Transfer to Revenue Shortfall Reserve Fund (Statutory)            __(9,872)
  Surplus Balance                                                      $        9,872
PLUS:                                                   Accumulated Prior Year Reimbursements (Aug. 1, 2002 - May 30, 2003)        $  217
Expirations to Unappropriated Surplus Balance (SB 2028)              8,300

  Expirations to Unappropriated Surplus Balance (SB 3004)              20,372
  Expirations to Unappropriated Surplus Balance (SB 662)               350
  Expirations to Unappropriated Surplus Balance (HB 102)               2,000
  Expirations to Unappropriated Surplus Balance (HB 103)               3,350
  Expirations to Unappropriated Surplus Balance (
HB 3211)    1,370
  Expirations to Unappropriated Surplus Balance (
HB 3215)            542
  Expirations to Unappropriated Surplus Balance (
HB 3218)            295
  Expiration to Unappropriated Surplus Balance (HB 214)                 200________________ 36,996
  Total Unappropriated Surplus Balance                                       $  46,868
LESS:  Refund Adjustment                                    $   212
Surplus Appropriation (SB 2028) FY 2003                       8,300

  Surplus Appropriation (SB 2032) FY 2003                       6,158
  Surplus Appropriation (SB 3004) FY 2003                       20,372
  Surplus Appropriation (SB 662) FY 2003                          350
  Surplus Appropriation (HB 102) FY 2003
                        2,000
  Surplus Appropriation (HB 103) FY 2003
                        3,350
  Surplus Appropriation
( HB 3211) FY 2003                        5,058
  Surplus Appropriation
( HB 3215) FY 2003                         541
  Surplus Appropriation
( HB 3218) FY 2003                         295
  Surplus Appropriation (HB 214) FY 2003                              200__________ (46,836)
  Unappropriated Surplus Balance                                            $        32
PLUS:  Revenue Estimate FY 2003                               $      2,930,000
LESS:  Regular Appropriations FY 2003                                  (2,929,869)__________ 131
  Estimated Balance - June 30, 2003                                         $  163
LESS:  Transfer one-half to Revenue Shortfall Reserve Fund (Statutory)               __(82)
  Estimated Balance - June 30, 2003                                         $        81
PLUS:  Revised Revenue Estimate FY 2004                                       __ 3,041,375
  Estimated Balance                                                      $  3,041,456
LESS:  Regular Appropriations FY 2004                          $      (3,033,964)        
  Supplemental Appropriations (HB 215) FY 2004                   (334)
  Recommended Supplemental Appropriation FY 2004                       (7,075)________________ (3,041,373)
  Estimated Balance June 30, 2004                                           $__83

     This change is necessary in order to adjust the revenue estimate downward by $21,000,000 due to passage of the Jobs and Growth Tax Relief Reconciliation Act of 2003 and offset that reduction by a transfer into the General Revenue Fund of $21,000,000 from the federal funds received under the same legislation. An additional $7,075,000 in funds from the same legislation is also being transferred to allow the passage of a supplemental bill of the same amount for various supplemental appropriations.
     Corporate Net Income Tax and Business Franchise Tax have also been combined into one revenue source. Other minor adjustments related to various revenue sources have also been included.
     Thank you for your cooperation in this matter.
                              Sincerely,
                               Bob Wise,
                               Governor.

     In compliance with Article VI, Section 51 of the Constitution, the Senate consented to receive the foregoing amendments to the Budget Bill, which were referred to the Committee on Finance.

     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 concurrence by that body in part to the Senate amendments to the House of Delegates amendments, passage as amended, to take effect from passage, and announced that that body had refused to concur in part to the Senate amendments to the House of Delegates amendments to the bill and requested the Senate to recede therefrom, 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 Clerk reported that the House of Delegates had refused to concur in the following Senate amendment to the House of Delegates amendments to the bill and requested the Senate to recede therefrom:
     On
page one hundred ninety-nine, section three, line two, after the word "commission" by changing the period to a colon and adding the following proviso: Provided, That notwithstanding any other provision of this code to the contrary, the commission shall promulgate in accordance with the provisions of article three, chapter twenty-nine-a of this code a rule effectuating the provisions of this section relating to the provision of health care through managed health care plans or programs.
     On motion of Senator Chafin, the Senate acceded to the request of the House of Delegates and receded from the foregoing amendment to the House of Delegates amendments to the bill.
     Engrossed Senate Bill No. 2013, as amended by deletion, was then put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Deem, Edgell, 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, Chafin, Dempsey, Fanning, Hunter, Love and White--7.
     Absent: Facemyer and Unger--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.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Deem, Edgell, 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, Chafin, Dempsey, Fanning, Hunter, Love and White--7.
     Absent: Facemyer 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. 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 concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 2016, Making appropriation out of public moneys to chapter twenty, acts of the Legislature.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of
     Eng. House Bill No. 213, Supplementary appropriation of public moneys out of moneys remaining as an unappropriated balance in the state fund, general revenue, to the department of education.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of
     Eng. House Bill No. 219, Supplementary appropriation to a new item of appropriation designated to the governor's office - jobs and growth tax relief reconciliation act of 2003.
     At the request of Senator Snyder, and by unanimous consent, Senator Snyder addressed the Senate regarding unfinished legislative business.
     At the request of Senator McCabe, unanimous consent being granted, the Senate proceeded to the twelfth order of business.
     Remarks were made by Senator McCabe.
     The Senate then proceeded to the thirteenth order of business.
     Senator Sharpe called attention to yesterday, Sunday, June 29, 2003, being the birthday of the senator from Marion and on behalf of the Senate extended belated felicitations and good wishes to Senator Prezioso, with Senator Sharpe leading the members in singing "Happy Birthday".
     Pending announcement of a meeting of a standing committee of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, July 1, 2003, at 11 a.m.
____________