WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2003

SEVENTH DAY

____________

Charleston, W. Va., Tuesday, July 1, 2003

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Steve Harrison, a senator from the eighth district.
     Pending the reading of the Journal of Monday, June 30, 2003,
     On motion of Senator Minard, 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 proceeded to the fourth order of business.
     Senator Love, from the Committee on Confirmations, submitted the following report, which was received:
     Your Committee on Confirmations has had under consideration
     Senate Executive Message No. 2, dated June 11, 2003, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 2 is submitted:
      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. Hamlin, 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.
     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.
     And,
     A letter from the President of the Senate and the Speaker of the House of Delegates, dated June 4, 2003, requesting confirmation by the Senate of the nomination mentioned therein. The following name is submitted:
     1.   For Judge, Court of Claims, Benjamin Hayes Webb II, Fairmont, Marion County, for the term ending June 30, 2009.
     And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
                              Respectfully submitted,
                               Shirley Love,
                               Chair.
__________

     On motion of Senator Chafin, the Senate proceeded to the seventh order of business.
     The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, and a legislative nomination submitted by the President of the Senate and the Speaker of the House of Delegates, as required by Chapter 14, Article 2, Section 4 of the Code of West Virginia, the special order thereon was called by the President.
     Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive message and letter from the President of the Senate and the Speaker of the House of Delegates:
     Senate Executive Message No. 2, dated June 11, 2003 (shown in the Senate Journal of June 30, 2003, pages 48 through 52, inclusive);
     And,
     A letter from the President of the Senate and the Speaker of the House of Delegates, dated June 4, 2003 (shown in the Senate Journal of June 10, 2003, page seven).
     Senator Love then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations and that the legislative nomination of Benjamin Hays Webb II, as Judge, Court of Claims, be confirmed.
     Senator Smith moved that Senator Love's motion be amended to provide that the nomination of The Honorable Mary Pearl Compton to the Board of Medicine (being nomination number 34 in Executive Message No. 2) be considered separately.
     The question being on the adoption of Senator Smith's aforestated motion, the same was put.
     The result of the voice vote being inconclusive, Senator Smith demanded a division of the vote.
     A standing vote being taken, there were sixteen "yeas" and fifteen "nays".
     Whereupon, the President declared Senator Smith's aforestated motion had prevailed.
     The question being on the adoption of Senator Love's motion, as amended,
     The roll was then taken; and
     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, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Love's motion, as amended, had prevailed.
     Senator Love then moved that the Senate advise and consent to the nomination of The Honorable Mary Pearl Compton to the Board of Medicine (being nomination number 34 in Executive Message No. 2).
     The roll was then taken; and
     On this question, the yeas were: Bowman, Caldwell, Chafin, Edgell, Fanning, Hunter, Jenkins, McCabe, Oliverio, Plymale, Rowe, Snyder, White and Tomblin (Mr. President)--14.
     The nays were: Bailey, Boley, Deem, Dempsey, Guills, Harrison, Helmick, Kessler, Love, McKenzie, Minard, Minear, Prezioso, Ross, Sharpe, Smith, Sprouse and Weeks--18.
     Absent: Facemyer and Unger--2.
     So, a majority of all the members elected to the Senate not having voted in the affirmative, the President declared Senator Love's motion had not prevailed and the nomination of The Honorable Mary Pearl Compton to the Board of Medicine had not been confirmed.
__________

     Consideration of executive and legislative nominations having been concluded,
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
     Eng. Senate Bill No. 2013, Relating to workers' compensation generally.
     Passed by the Senate on yesterday, Monday, June 30, 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.
     The vote thereon having been reconsidered,
     [Clerk's Note: The message from The Clerk of the House of Delegates reported on yesterday, Monday, June 30, 2003, (shown in the Senate Journal of that day, pages 60 and 61) was incomplete in that the House of Delegates amended title was not included in the communication.]
     The Clerk then reported the following House of Delegates amendment to the title of the bill:
     On pages one through three, by striking out the title and inserting in lieu thereof 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; 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 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 amendment to the title of the bill.
     Engrossed Senate Bill No. 2013, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Deem, Edgell, Guills, Harrison, Helmick, Hunter, 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, Love and White--6.
     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 with its House of Delegates amended title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Caldwell, Deem, Edgell, Guills, Harrison, Helmick, Hunter, 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, Love and White--6.
     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.
     On motion of Senator Chafin, the Senate recessed until 12:45 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, without objection, 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 with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 2007, Amending state excess lottery revenue fund.
     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 seven, section eighteen-a, line four, by striking out "(e)" and inserting in lieu thereof "(d)";
     On pages seven and eight, section eighteen-a, by striking out the following: No portion of the distributions made as provided in subsection subsections (b) and (c) of this section, except distributions made in connection with bonds issued under subsection (d) of this section, may be used to pay debt service on bonded indebtedness until after the Legislature expressly authorizes issuance of the bonds and payment of debt service on the bonds through statutory enactment or the passage of a concurrent resolution by both houses of the Legislature. Until subsequent legislative enactment or adoption of a resolution that expressly authorizes issuance of the bonds and payment of debt service on the bonds with funds distributed under subsection subsections (b) and (c) of this section, except distributions made in connection with bonds issued under subsection (d) of this section, the distributions may be used only to fund capital improvements that are not financed by bonds and only pursuant to appropriation of the Legislature.;
     On page twelve, section eighteen-a, line eleven, by striking out the words "and no new applications may be submitted";
     On page fifteen, section eighteen-a, after line five, by inserting a new paragraph, designated paragraph (J), to read as follows:
     "(J) State-owned buildings that are registered on the national register of historic places;";
     And relettering the remaining paragraphs;
     On page fifteen, section eighteen-a, lines sixteen and seventeen, by striking out the following: Once certified, the list may not thereafter be altered or amended other than by legislative enactment.;
     On page fifteen, section eighteen-a, line twenty-four, after the word "code." by inserting the following: Expenditures from the fund are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a of this code.;
     On page sixteen, section eighteen-a, after line two, by inserting a new subsection, designated subsection (e), to read as follows:
     (e) Notwithstanding any provision of this code to the contrary, no portion of the distributions made as provided in subsections (b), (c) and (d) of this section may be used to pay debt service on bonded indebtedness until after the Legislature expressly authorizes issuance of the bonds and payment of debt service on the bonds, and in the event the bonds are issued in separate series, until after the Legislature expressly authorizes issuance of each series, through statutory enactment or the adoption of a concurrent resolution by both houses of the Legislature. Until subsequent legislative enactment or adoption of a resolution that expressly authorizes issuance of the bonds, including any separate series, and payment of debt service on the bonds with funds distributed under subsections (b), (c) and (d) of this section, the distributions may be used only to fund capital improvements that are not financed by bonds and only pursuant to appropriation of the Legislature.;
     And relettering the remaining subsections;
     On page sixteen, section eighteen-a, line twenty-two, by striking out the words "of this section" and inserting in lieu thereof a comma and the words "section eighteen of this article";
     And,
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 2007--A Bill to amend and reenact section eighteen-a, article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to state excess lottery fund; deleting obsolete language; providing that certain bonds issued state on their face that they do not constitute a debt of the state; providing that the governor appoint six persons to the committee certifying projects to receive funds from bond proceeds; designating prior applications as refiled; requiring a certain applicant to file additional information with the committee; providing criteria to be used by the committee in certifying projects; prohibiting grants to individuals or private entities, but allowing low-interest loans to such persons; giving examples of the types of projects considered to be in the public interest; requiring Legislative authorization of issuance of certain bonds, series of bonds and payment of debt service on bonds through statutory enactment or concurrent resolution; and providing that any excess funds be placed in the economic development project bridge loan fund.
     On motion of Senator Kessler, the Senate concurred in the House of Delegates amendments to the bill excepting pages seven and eight, section eighteen-a, by striking out; page twelve, section eighteen-a, line eleven; page fifteen, section eighteen-a, lines sixteen and seventeen; and page sixteen, section eighteen-a, after line two.
     On motion of Senator Helmick, the following amendment to the title of the bill 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. Senate Bill No. 2007--A Bill to amend and reenact section eighteen-a, article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to state excess lottery fund; deleting obsolete language; providing that certain bonds issued state on their face that they do not constitute a debt of the state; providing that the governor appoint six persons to the committee certifying projects to receive funds from bond proceeds; designating prior applications as refiled and barring submission of new applications; requiring a certain applicant to file additional information with the committee; providing criteria to be used by the committee in certifying projects; prohibiting grants to individuals or private entities, but allowing low-interest loans to such persons; giving examples of the types of projects considered to be in the public interest; and providing that any excess funds be placed in the economic development project bridge loan fund.
     Engrossed Senate Bill No. 2007, as amended, was then put upon its passage.
     Pending discussion,
     On motion of Senator Kessler, the Senate reconsidered the vote by which immediately hereinbefore it adopted Senator Helmick's amendment to the title of the bill.
     The vote thereon having been reconsidered,
     At the request of Senator Helmick, and by unanimous consent, Senator Helmick's amendment to the title of the bill was withdrawn.
     On motion of Senator Kessler, the Senate reconsidered its action by which it adopted Senator Kessler's motion that the Senate concur in the House of Delegates amendments to the bill excepting pages seven and eight, section eighteen-a, by striking out; page twelve, section eighteen-a, line eleven; page fifteen, section eighteen-a, lines sixteen and seventeen; and page sixteen, section eighteen-a, after line two.
     The vote thereon having been reconsidered,
     The question again being on the adoption of Senator Kessler's motion that the Senate concur in the House of Delegates amendments to the bill excepting pages seven and eight, section eighteen-a, by striking out; page twelve, section eighteen-a, line eleven; page fifteen, section eighteen-a, lines sixteen and seventeen; and page sixteen, section eighteen-a, after line two.
     At the request of Senator Kessler, and by unanimous consent, his foregoing motion was withdrawn.
     Thereafter, on motion of Senator Kessler, the Senate concurred in the House of Delegates amendments to the bill excepting pages seven and eight, section eighteen-a, by striking out; page fifteen, section eighteen-a, lines sixteen and seventeen; and page sixteen, section eighteen-a, after line two.
     On motion of Senator Helmick, the following amendment to the title of the bill 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. Senate Bill No. 2007--A Bill to amend and reenact section eighteen-a, article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to state excess lottery fund; deleting obsolete language; providing that certain bonds issued state on their face that they do not constitute a debt of the state; providing that the governor appoint six persons to the committee certifying projects to receive funds from bond proceeds; designating prior applications as refiled; requiring a certain applicant to file additional information with the committee; providing criteria to be used by the committee in certifying projects; prohibiting grants to individuals or private entities, but allowing low-interest loans to such persons; giving examples of the types of projects considered to be in the public interest; and providing that any excess funds be placed in the economic development project bridge loan fund.
     Engrossed Senate Bill No. 2007, as amended, was then put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, White and Tomblin (Mr. President)--29.
     The nays were: Guills, Harrison, Smith and Weeks--4.
     Absent: Unger--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2007) passed with its Senate 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, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, White and Tomblin (Mr. President)--29.
     The nays were: Guills, Harrison, Smith and Weeks--4.
     Absent: Unger--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2007) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Chafin offered the following pre-adjournment resolution:
     Senate Resolution No. 203--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
     Resolved by the Senate:
     That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senator Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
     Senators Jenkins, Minard and Smith.
     Subsequently, Senator Jenkins reported that the duties assigned by Senate Resolution No. 203 had been performed.
     Thereafter, a three-member delegation from the House of Delegates, namely
     Delegates Craig, Doyle and Susman, announced that that body also had completed its labors and was ready to adjourn sine die.
     Senator Chafin then offered the following resolution:
     Senate Resolution No. 204--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
     Resolved by the Senate:
     That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Under the provisions of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:
     Senators Sharpe, Love and Boley.
     The President next acknowledged another delegation from the House of Delegates, consisting of
     Delegates Boggs, Brown and Smirl, who announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.
     Senators Sharpe, Love and Boley, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
     Subsequently, Senator Sharpe, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Sharpe then reported this mission accomplished.
     On motion of Senator Chafin, the Senate recessed for five minutes.
     Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
     A message from The Clerk of the House of Delegates announced that that body had receded from its amendments on pages seven and eight, section eighteen-a, by striking out; page fifteen, section eighteen-a, lines sixteen and seventeen; and page sixteen, section eighteen-a, after line two, and the concurrence by that body in the Senate amended title to, and the passage as amended by deletion, to take effect from passage, of
     Eng. Senate Bill No. 2007, Amending state excess lottery revenue fund.
     At the request of Senator Snyder, and by unanimous consent, Senator Snyder addressed the Senate regarding nomination number 34 contained in Executive Message No. 2.
     At the request of Senator Smith, unanimous consent being granted, Senator Smith addressed the Senate regarding nomination number 34 contained in Executive Message No. 2.
     At the request of Senator Sprouse, and by unanimous consent, Senator Sprouse addressed the Senate regarding the role of the Senate in confirming nominations submitted by the Governor.
     At the request of Senator Love, unanimous consent being granted, Senator Love addressed the Senate regarding the process utilized by the Committee on Confirmations to notify Senate members of nominations submitted by the Governor.
     At the request of Senator Rowe, and by unanimous consent, Senator Rowe addressed the Senate regarding nomination number 34 contained in Executive Message No. 2.
     Thereafter, at the request of Senator Snyder, and by unanimous consent, the remarks by Senator Rowe were ordered printed in the Appendix to the Journal.
     At the request of Senator Rowe, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this second extraordinary session of the seventy-sixth Legislature in the year two thousand three, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.
     In accordance with the foregoing unanimous consent agreement, the following reports of the Joint Committee on Enrolled Bills were filed as follows:
     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 3rd day of July, 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. 2007), Amending state excess lottery revenue fund.
     (Com. Sub. for S. B. No. 2012), Allowing agencies, counties and their instrumentalities to enter into energy saving contracts; leaseback.
     (S. B. No. 2016), Making appropriation out of public moneys to chapter twenty, acts of the Legislature.
     (H. B. 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,
     (H. B. 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.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House 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 9th day of July, 2003, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 2013), Relating to workers' compensation generally.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
Executive Communications

     Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
     The Clerk then presented communications from His Excellency, the Governor, advising that on July 7, 2003, he had approved Enr. Senate Bill No. 2016, Enr. House Bill No. 213 and Enr. House Bill No. 219; on July 14, 2003, he had approved Enr. Senate Bill No. 2007; and on July 17, 2003, he had approved Enr. Committee Substitute for Senate Bill No. 2012 and Enr. Senate Bill No. 2013.
     On motion of Senator Bailey, the second extraordinary session of the Senate in the year two thousand three adjourned sine die.
________