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Monday, June 30, 2003


The House of Delegates met at 3:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Saturday, June 14, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the House of Delegates, and the passage, as amended, of
H. B. 210, Supplemental appropriation to various departments in the governor's office.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, bills of the House of Delegates as follows:
H. B. 211, Supplementary appropriation in the state fund, general revenue, to the department of military affairs and public safety,
H. B. 214, Expiring funds from the division of banking-assessment and examination fund to the department of tax and revenue - tax division,
H. B. 215, Supplementary appropriation to the higher education policy commission,
H. B. 216, Supplementary appropriation to the department of military affairs and public safety-division of veterans' affairs - veterans' home,
H. B. 217, Supplementary appropriation to a new item of appropriation designated to the board of pharmacy,
H. B. 218, Supplementary appropriation to a new item of appropriation designated to the department of military affairs and public safety - division of veterans affairs,
H. B. 223, Expiring funds to the balance of the workers' compensation fund,
And,
H. B. 224, Expiring funds to the unappropriated balance in the state excess lottery revenue fund.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 201, Providing for the issuance of not to exceed three billion nine hundred million dollars of bonds pursuant to article eight, chapter twelve of the code of West Virginia.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
S. B. 2010, Relating to economic opportunity districts.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the title amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
S. B. 2011, Increasing certain court filing fees and dedicating to courthouse facilities improvement fund and to legal services for domestic violence victims.
Committee Reports

Chairman Spencer, 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. 202), Increasing the amount available from the consolidated fund as a revolving loan to the West Virginia economic development authority,
(H. B. 203), Expanding funding methods for community improvement generally,
(H. B. 204), Updating the meaning of certain terms used in the West Virginia personal income tax act,
And,
(H. B. 205), Updating the meaning of certain terms used in the West Virginia corporation net income tax act.
Chairman Spencer, 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:
(H. B. 210), Supplemental appropriation to various departments in the governor's office,
(H. B. 211), Supplementary appropriation in the state fund, general revenue, to the department of military affairs and public safety,
(H. B. 214), Expiring funds from the division of banking-assessment and examination fund to the department of tax and revenue - tax division,
(H. B. 215), Supplementary appropriation to the higher education policy commission,
(H. B. 216), Supplementary appropriation to the department of military affairs and public safety-division of veterans' affairs - veterans' home,
(H. B. 217), Supplementary appropriation to a new item of appropriation designated to the board of pharmacy,
(H. B. 218), Supplementary appropriation to a new item of appropriation designated to the department of military affairs and public safety - division of veterans' affairs,
(H. B. 223), Expiring funds to the balance of the workers' compensation fund,
(H. B. 224), Expiring funds to the unappropriated balance in the state excess lottery revenue fund,
(S. B. 2001), Providing for executive appointment of members of pension bond review committee,
(S. B. 2003), Updating fee structure provisions for certain broker-dealers and agents; other provisions,
(S. B. 2004), Continuing equal pay commission,
(S. B. 2009),Continuing funding of Hatfield-McCoy regional recreation authority projects,
(S. B. 2010), Relating to economic opportunity districts,
(S. B. 2011), Increasing certain court filing fees and dedicating to courthouse facilities' improvement fund and to legal services for domestic violence victims,
(S. B. 2014), Relating generally to promulgation of administrative rules by various executive or administrative agencies,
And,
(S. B. 2015), Relating to receipt and disbursement of funds for construction of veterans' nursing home.

Messages from the Executive

Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on June 19, 2003, he approved H. B. 202, H. B. 203, H. B. 204, H. B. 205, S. B. 2001, S. B. 2003, S. B. 2004, S. B. 2011, S. B. 2014 and S. B. 2015; on June 23, 2003, he approved H. B. 210 and H. B. 214; on June 24, 2003, he approved H. B. 215, H. B. 216, H. B. 217, H. B. 218, H. B. 223, H. B. 224 and S. B. 2009; and on June 25, 2003, he approved H. B. 211 and S. B. 2010.
At 3:42 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
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Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the House of Delegates with amendment, and the passage, as amended, to take effect from passage, of
S. B. 2013, Relating to workers' compensation generally.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
O n page eighteen, section one, following 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, following 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, following the word "surcharges", by inserting a comma and the words "except for individual employer merit rate adjustments" followed by a comma.
On page one hundred eighty-one, section one-c, line twenty-four, following "(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 one hundred ninety-nine, section three, line two, following the word "commission", by changing the period to a colon and inserting 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 page two hundred twenty-nine, section six, following 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), following the word "party" and the period, 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), following 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), following 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), following 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), following 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), following 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), following 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), following 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), following 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), following the words "absence of the", by striking the words "chief judge" and inserting in lieu thereof the word "chairman".
On page three hundred twelve, section eleven, subsection (m), following 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), following 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), following 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), following the word "no", by striking out the word "such".
On page three hundred twelve, section twelve, subsection (a), following the word "allowed" and the comma, 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), following the word "to", by striking out the word "such".
On page three hundred twelve, section twelve, subsection (a), following 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), following the word "take", by striking out the word "such".
On page three hundred twelve, section twelve, subsection (d), following 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), following 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), following 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), following 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), following 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), following 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),following 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),following 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),following 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), following 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),following 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),following 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),following the word "Every", by striking out the word "such".
On page three hundred twelve, section fifteen, subsection (a),following 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),following 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),following 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), following 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" followed by a comma.
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" followed by a colon.
And,
By amending the title of the bill to read as follows:
S. B. 2013 - "A Bill to repeal sections one, two, three, four, five, six and seven, article three, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section five-b, article two, chapter twenty-three of said code; to repeal section seven, article four-a of said chapter; to 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."
The Clerk read a written motion, submitted by Delegate Staton, and the same was then put by the Speaker, as follows:
"Delegate Staton moves that the House of Delegates concur in the Senate amendments to the House amendments, except as to page one hundred ninety-nine, section three, line two, following the word 'commission', changing the period to a colon and inserting a proviso, which read as follows: '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'."
Delegate Smirl requested a division of the question as to the motion to concur in part and to refuse to concur.
The Speaker consulted with the Clerk and stated that the motion was not divisible at this stage of proceedings. [Note from the Clerk of the House: See Jefferson's Manual, Sec. 792, Principles Governing the Division of the Question: "The question may not be divided after it has been put."]
The question now being on the adoption of the motion offered by Delegate Staton, Delegate R. Thompson demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 825), and there were--yeas 62, nays 29, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Ashley, Border, Butcher, Caputo, DeLong, Ellem, Faircloth, Fragale, Hamilton, Hatfield, Hrutkay, Kuhn, Leggett, Louisos, Manchin, Manuel, Martin, Paxton, Perdue, Poling, Shaver, Smirl, Sobonya, Thompson, R., Tucker, Webster, White, H., Yeager and Yost.
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Howard, Michael, Schadler, Spencer and Varner.
So, a majority of the members present and voting having voted in the affirmative, the motion prevailed.
As to the passage of the bill, the Clerk announced that the following pairs had been filed with him in accordance with House Rule 43:
For: Howard
Against: Duke

The question now being on the passage of the bill, as amended by the House and as further amended by the Senate, the yeas and nays were taken (Roll No. 826), and there were--yeas 61, nays 28, absent and not voting 9, paired 2, with the nays, absent and not voting and paired being as follows:
Nays: Browning, Butcher, Caputo, DeLong, Ellem, Ferrell, Fragale, Hamilton, Hatfield, Hrutkay, Iaquinta, Kuhn, Louisos, Manchin, Manuel, Martin, Paxton, Perdue, Poling, Shaver, Susman, Thompson, R., Tucker, Webster, White, H., Wright, Yeager and Yost.
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Michael, Perry, Schadler, Spencer and Varner.
Paired: For: HowardAgainst: Duke
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2013) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
S. B. 2013 -- "A Bill to repeal sections one, two, three, four, five, six and seven, article three, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section five-b, article two, chapter twenty-three of said code; to repeal section seven, article four-a of said chapter; to 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."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 828), and there were--yeas 74, nays 16, absent and not voting 8, paired 2, with the nays, absent and not voting and paired being as follows:
Nays: Butcher, Caputo, Fragale, Hatfield, Hrutkay, Kuhn, Louisos, Manchin, Manuel, Martin, Paxton, Poling, Thompson, R., Tucker, Yeager and Yost.
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Michael, Schadler, Spencer and Varner.
Paired: For: Howard Against: Duke
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2013) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 213, Supplementary appropriation of public moneys out of moneys remaining as an unappropriated balance in the state fund, general revenue, to the department of education.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, by striking out everything following 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
ivityFunds
4
Unclassified (R)099
$900,000

26a
Safe Schools143
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
ivityFunds
7a
Governor's Honors Academy

And School for the Arts030
$410,000

7b
Teacher Education Partnerships576
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
ivityFunds
39
Local Economic

40
Development Assistance819
$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
ivityFunds
10a
HEAPS Grant Program867
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 follow:
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
ivityFunds
40
West Virginia University -

41 Potomac State994
$100,000

49a
Tuition offset for Freestanding

49b Community and Technical
49c Colleges032
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 follow:
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
ivityFunds
2
Research Challenge502
1,000,000

2a
Higher Education - Special Projects488
$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."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 829), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Howard, Michael, Schadler, Spencer, Varner and Webb.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 213) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 830), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Howard, Michael, Schadler, Spencer, Varner and Webb.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 213) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 219, Supplementary appropriation to a new item of appropriation designated to the governor's office - jobs and growth tax relief reconciliation act of 2003.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything following 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
ivityFunds
1
Unclassified - Total - Transfer402
$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."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 831), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Howard, Michael, Schadler, Spencer, Varner and Webb.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 219) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 832), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Howard, Michael, Schadler, Spencer, Varner and Webb.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 219) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 2016 - "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."
 At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2016) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 833), and there were--yeas 89, nays 1, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Howard, Michael, Schadler, Spencer, Varner and Webb.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 834), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Howard, Michael, Schadler, Spencer, Varner and Webb.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2016) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 835), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Coleman, Crosier, Fleischauer, Howard, Michael, Schadler, Spencer, Varner and Webb.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2016) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates Campbell, Crosier, Fleischauer, Michael, Schadler, Spencer and Varner.
At 6:07 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Tuesday, July 1, 2003.