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Friday, June 13, 2003
The House of Delegates met at 1:00 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 roll being called (Roll. No. 751), and 87 members having answered to their names, the
Speaker declared the presence of a quorum.
The Clerk proceeded to read the Journal of Thursday, June 12, 2003, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a presentation by the House.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
proceeded to the Ninth Order of Business for the purpose of considering resolutions on Unfinished
Business.
House Calendar
Unfinished Business
S. C. R. 202, Recognizing the courage and endurance of Private First Class Jessica Lynch as an American prisoner of war during Operation Iraqi Freedom; coming up in regular order, as
unfinished business, was read by the Clerk.
The question now being on the adoption of the resolution, the yeas and nays were taken (Roll
No. 752), and there were--yeas 83, nays none, absent and not voting 17, with the absent and not
voting being as follows:
Absent And Not Voting: Brown, Cann, Coleman, Faircloth, Ferrell, Hartman, Hatfield,
Iaquinta, Long, Michael, Perdue, Poling, Proudfoot, Schadler, Shelton, Wakim and Walters.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the resolution (S. C. R. 202) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. C. R. 201, Memorializing the life of Specialist George A. Mitchell, Jr., an American hero
who was killed in action on April 7, 2003, while serving in Operation Iraqi Freedom; coming up in
regular order, as unfinished business, was read by the Clerk.
The question now being on the adoption of the resolution, the yeas and nays were taken (Roll
No. 753), and there were--yeas 87, nays none, absent and not voting 13, with the absent and not
voting being as follows:
Absent And Not Voting: Cann, Coleman, Faircloth, Ferrell, Hartman, Hatfield, Iaquinta,
Long, Perdue, Proudfoot, Schadler, Shelton and Walters.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the resolution (S. C. R. 201) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 1:17 p.m., on motion of Delegate Staton, the House of Delegates recessed until 3:00 p.m.,
and reconvened at that time.
* * * * * * * * * *
Afternoon Session
* * * * * * * * * *
Select Committee Reports
Chairman Kiss, from the Select Committee on Workers' Compensation Revision, submitted
the following report, which was received:
Your Select Committee on Workers' Compensation Revision has had under consideration:
H. B. 200, Relating to workers' compensation generally,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
On motion of Delegate Staton, the bill was taken up for immediate consideration, read a
second time, advanced to third reading with the committee amendment pending, and the rule was
suspended to permit the offering and consideration of amendments on that reading.
Messages from the Senate
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, of
S. B. 2001, Providing for executive appointment of members of pension bond review
committee.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, bills of
the House of Delegates as follows:
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.
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. 2003 - "A Bill to amend and reenact section two hundred two, article two, chapter
thirty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend
and reenact section three hundred five, article three of said chapter; and to amend and reenact section
four hundred six, article four of said chapter, all relating to updating fee structure provisions for
certain broker-dealers and agents; providing for annual sales report and filing fee by certain issuers
of securities; and providing for disposition of special revenue."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2003) 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. 754), and there were--yeas 85, nays
2, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Blair and Schoen.
Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long,
Proudfoot, Schadler, Shelton, Stalnaker, 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.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 755),
and there were--yeas 86, nays 1, absent and not voting 13, with the nays and absent and not voting
being as follows:
Nays: Schoen.
Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long,
Proudfoot, Schadler, Shelton, Stalnaker, Varner and Webb.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 2003) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 756), and there were--yeas 87, nays
none, absent and not voting 13, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long,
Proudfoot, Schadler, Shelton, Stalnaker, 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. 2003) 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. 2004 - "A Bill to amend and reenact section five, article five-e, chapter twenty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuing
the equal pay commission."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2004) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and then ordered to second reading.
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. 2009 - "A Bill to amend and reenact section thirteen, article sixteen-a, chapter
seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to continuing the funding of the Hatfield-McCoy regional recreation authority projects by the West
Virginia parkways, economic development and tourism authority."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2009) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2010 - "A Bill to amend and reenact section two, article two, chapter five-b of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections
two, three, six, seven, eight, nine, ten, twelve, fourteen, fifteen, seventeen and nineteen, article
twenty-two, chapter seven of said code; to amend and reenact sections two, three, six, seven, eight,
nine, ten, eleven, twelve, fourteen, fifteen, sixteen, seventeen and nineteen, article thirty-eight,
chapter eight of said code; to amend and reenact section eleven-a, article ten, chapter eleven of said
code; to amend and reenact section thirty-two, article fifteen-b of said chapter; and to further amend
said article by adding thereto four new sections, designated sections thirty-three, thirty-four, thirty-
five and thirty-six, all relating generally to creation and administration of economic opportunity
districts by county commissions and Class I and II municipalities and the imposition, administration
and collection of special district excise taxes to finance district economic development projects
approved by council for community and economic development."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2010) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2011 - "A Bill to amend and reenact section seven, article one-c, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one
and two, article three, chapter fifty of said code; to amend and reenact sections ten, eleven and
twenty-eight-a, article one, chapter fifty-nine of said code; to amend and reenact section seventeen,
article two of said chapter; and to amend and reenact section four, article seven, chapter sixty-one
of said code, all relating to increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting
attorney and magistrate court fees by resolution of county commission; and dedicating those fee
increases to the courthouse facilities improvement fund and to the special revenue account to provide
legal services to domestic violence victims."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2011) 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. 757), and there were--yeas 76, nays
11, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Blair, Carmichael, Hall, Louisos, Overington, Schoen, Sobonya,
Wakim and Walters.
Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long,
Proudfoot, Schadler, Shelton, Stalnaker, 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.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 758),
and there were--yeas 74, nays 13, absent and not voting 13, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ashley, Blair, Border, Calvert, Carmichael, Hall, Leggett, Louisos,
Overington, Schoen, Sumner and Walters.
Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long,
Proudfoot, Schadler, Shelton, Stalnaker, Varner and Webb.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 2011) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
S. B. 2011 - "A Bill to amend and reenact section seven, article one-c, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one
and two, article three, chapter fifty of said code; to amend and reenact sections ten, eleven and
twenty-eight-a, article one, chapter fifty-nine of said code; to amend and reenact section seventeen,
article two of said chapter; and to amend and reenact section four, article seven, chapter sixty-one
of said code, all relating to increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting
attorney and magistrate court fees; and dedicating those fee increases to the courthouse facilities
improvement fund and to the special revenue account to provide legal services to domestic violence
victims."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 759), and there were--yeas 77, nays
10, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Border, Calvert, Carmichael, Hall, Louisos, Overington, Sumner and
Walters.
Absent And Not Voting: Cann, Faircloth, Frederick, Hartman, Hatfield, Iaquinta, Long,
Proudfoot, Schadler, Shelton, Stalnaker, 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. 2011) 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
Com. Sub. for S. B. 2012 - "A Bill to amend chapter five-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
three-b; to amend and reenact section three-hh, article one, chapter seven of said code; to amend and
reenact section eighteen, article twelve, chapter eight of said code; and to amend article one, chapter
thirty-one of said code by adding thereto a new section, designated section one hundred sixty-one,
all relating to authorizing agencies, county commissions, municipalities and their instrumentalities
to enter into performance-based contracts with qualified providers of energy conservation measures
for the purpose of reducing energy operating costs of agency buildings; defining terms; setting forth
conditions for proposals and contracts; setting terms of leases; allowing counties and municipalities
and their instrumentalities as well as organizations under Section 501(c)(3) of the United States Internal Revenue Code to enter into sale-leaseback or like-kind exchange agreements with public
and private parties; providing for the disposition of tax exemptions; and providing for insurance."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 2012) to a committee was dispensed with, and it was taken up for
immediate consideration, read a first time and ordered to second reading.
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. 2013 - "A Bill to repeal sections one, two, three, four, five, six and seven, article three,
chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as
amended; to repeal section five-b, article two, chapter twenty-three of said code; to repeal section
seven, article four-a of said chapter; to repeal section fourteen, article five of said chapter; to amend
and reenact section thirty-three-d, article three, chapter five-a of said code; to amend and reenact
sections four and five, article three, chapter five-b of said code; to amend and reenact section one,
article two, chapter five-f of said code; to amend and reenact section seven, article twelve, chapter
eleven of said code; to amend and reenact section four, article one-a, chapter twelve of said code;
to amend and reenact section six, article six of said chapter; to amend and reenact section ten, article
two, chapter fifteen of said code; to amend and reenact section fifteen, article one, chapter sixteen
of said code; to amend and reenact section three, article twenty-nine-d of said chapter; to amend and
reenact section three, article thirty-six of said chapter; to amend and reenact section twenty-six,
article nine-a, chapter eighteen of said code; to amend and reenact section twelve-a, article ten-a of
said chapter; to amend and reenact section two, article ten-k of said chapter; to amend and reenact
section three, article three-a, chapter twenty-one of said code; to amend and reenact section four, article one, chapter twenty-one-a of said code; to amend and reenact sections six, six-c and thirteen,
article two of said chapter; to amend and reenact section eleven, article ten of said chapter; to amend
and reenact section eight, article three, chapter twenty-two of said code; to amend and reenact
sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen,
fifteen, seventeen and eighteen, article one, chapter twenty-three of said code; to further amend said
article by adding thereto seven new sections, designated sections one-a, one-b, one-c, one-d, one-e,
one-f and four-a; to amend and reenact sections one, one-c, one-d, two, three, four, five, five-a, five-
c, five-d, six, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen, article two
of said chapter; to amend and reenact section one, article two-a of said chapter; to amend and reenact
sections one, two and three, article two-b of said chapter; to amend and reenact sections one, one-a,
two, three and five, article three of said chapter; to further amend said article by adding thereto two
new sections, designated sections one-b and six; to amend and reenact sections one, one-a, one-b,
one-c, one-d, one-e, two, three, three-b, three-c, four, six, six-a, six-b, six-d, seven, seven-a, seven-b,
eight, eight-a, eight-b, eight-c, nine, nine-b, ten, eleven, twelve, fourteen, fifteen, fifteen-a, fifteen-b,
sixteen, sixteen-a, seventeen, eighteen, twenty, twenty-two, twenty-three, twenty-four and twenty-
five, article four of said chapter; to further amend said article by adding thereto a new section,
designated section one-g; to amend and reenact sections one, three, five, six and eight, article four-a
of said chapter; to amend and reenact sections two, five, six, and seven, article four-b of said chapter;
to further amend said article by adding thereto a new section, designated section eight-b; to amend
and reenact sections two, three, four and five, article four-c of said chapter; to amend and reenact
sections one, two, three, four, five, six, seven, eight, nine, seventeen and eighteen, article five of said
chapter; that said article be further amended by adding thereto two new sections, designated sections
ten-a and fifteen-a; to amend and reenact section two, article eight, chapter twenty-six of said code; to amend and reenact sections one hundred twenty-five and one hundred thirty-one, article eighteen,
chapter forty-eight of said code; to amend chapter fifty-one by adding thereto a new article,
designated article one-b; and to amend and reenact section twenty-four-g, article three, chapter sixty-
one of said code, all relating to workers' compensation generally; repealing provisions relating to
the compensation programs performance council; repealing provisions relating to default settlement;
repealing provisions relating to employees and payment of salaries from the disabled workmen's
relief fund; removing workers' compensation from the bureau of employment programs; directing
certain reports to be filed quarterly; providing legislative findings; creating workers' compensation
commission as an independent agency assuming all duties of division; creating 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; creating position of executive director;
establishing qualifications; establishing procedure for removal; setting forth the powers and duties
of executive director; providing for payment withholding and interception of moneys of certain
employers; providing penalties for failure to withhold or intercept payments; authorizing interagency
agreements for the bureau of employment programs and workers' compensation commission;
adopting workers' compensation rules by commission; transferring assets and contracts; creating
fraud and abuse unit; providing for legislative oversight of commission; providing for salaries and
expenses of commission; requiring bond and insurance for the executive director and associate
director; authorizing the executive director to hire an associate director and other employees;
providing for associate director to assume authority in absence of executive director; authorizing
certain commission employees to administer oaths; providing for issuance and enforcement of
agency subpoenas; allowing certain elected municipal officials not to participate in workers' compensation; clarifying that extraction of natural resources is provision of services; requiring
promulgation of a rule to prevent contractors from avoiding liability for workers' compensation
premiums; creating ongoing duty to provide information to commission; authorizing rate reductions
for safety and loss prevention and drug-free workplace initiatives; requiring rates, surcharges and
assessments to be financially sound and sufficient to meet needs of the funds; establishing rate caps;
authorizing 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-insured 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- insurer denies compensability;
requiring assessment of claimant's return to work potential; providing assistance in return to work
efforts; authorizing repayment of overpayments from future benefits and providing for waiver of overpayment liability in certain circumstances; prohibiting a claimant from receiving both temporary
total disability benefits and certain other employer-provided short-term disability benefits in certain
circumstances; prohibiting a claimant from receiving both permanent total disability benefits and
certain other employer-provided long-term disability or retirement benefits in certain circumstances;
requiring award of permanent partial disability benefits be made as expeditiously as possible;
requiring medical providers to submit timely requests for payment; authorizing employers with
managed health care plans to require employees to use the plan for treatment of compensable
injuries; requiring commission to propose legislative rules governing use of managed health care
plans; providing for weighing of evidence; providing for suspension or termination of health care
providers; requiring commission to set standards for medical management of claims; providing
benefits for cemetery expenses; expanding disability benefit eligibility threshold from three to seven
days; eliminating annual increases in benefits; reducing maximum weekly benefit for temporary total
disability to sixty-six and two-thirds percent of the average weekly wage of the employee; increasing
to fifty percent the percentage of whole body impairment which establishes a rebuttable presumption
of permanent total disability; reducing permanent partial disability benefits to sixty-six and two-
thirds percent of the average weekly wage of the claimant not to exceed seventy percent of the
average weekly wage in West Virginia; establishing internal operative dates; requiring the executive
director to promulgate a rule to establish requirements for an application for permanent total
disability benefits; providing that upon adoption of the rule on application requirements no claim
for permanent total disability benefits may be sent to the interdisciplinary examining board without
an application; providing for the establishment of an onset date for permanent total disability
benefits; providing that a claimant must have been awarded fifty percent permanent partial disability
prior to applying for permanent total disability; providing that neither certain proximity of employment nor wages from gainful employment are considered when determining permanent total
disability; terminating permanent total disability benefits at age seventy in certain circumstances;
eliminating the five percent presumptive award of occupational pneumoconiosis; authorizing
application for occupational pneumoconiosis benefits within three years of determination of
impairment; providing that the commission may suspend benefits to a claimant for refusing, without
good cause, treatment or examination by a physician; providing for a trial work period; increasing
vocational rehabilitation services; authorizing review of claims; expanding monitoring of injury
claims; authorizing suspension or termination of benefits in certain circumstances; removing certain
offset provisions; providing for mediation; authorizing appointment of chief administrative law
judge by governor; providing for term of office and removal for cause of chief administrative law
judge; providing that the commission must fund the office of judges; providing for appeals;
establishing time frames for appeals; establishing standards for appeal; creating the workers'
compensation board of review; providing for appointment by the governor; establishing
qualifications of judges; establishing position of chief judge; establishing location and terms of
court; establishing rules of procedure; authorizing clerk and other employees; providing for remand
of cases; providing for standards for appeals to the West Virginia supreme court of appeals; making
technical corrections and removing archaic language throughout; and providing conforming
amendments."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2013) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2014 - "A Bill to amend and reenact article nine, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation
of administrative rules by the various executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated by state agencies and boards; authorizing
certain boards and agencies that are, in common, independent of state departmental supervision to
promulgate legislative rules; legislative mandate or authorization for the promulgation of certain
legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the state register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to and recommended by the legislative
rule-making review committee; authorizing certain of the agencies to promulgate certain legislative
rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and recommended by the legislative rule-
making review committee and as amended by the Legislature; authorizing commissioner of
agriculture to promulgate legislative rule relating to inspection of meat and poultry; authorizing
contractor licensing board to promulgate legislative rule relating to contractor licensing act;
authorizing courthouse facilities improvement authority to promulgate legislative rule relating to
authority; authorizing board of dental examiners to promulgate legislative rule relating to board;
authorizing board of dental examiners to promulgate legislative rule relating to formation and
approval of dental corporations; authorizing family protection services board to promulgate
legislative rule relating to operation of board; authorizing family protection services board to
promulgate legislative rule relating to licensure of domestic violence and perpetrator intervention
programs; authorizing family protection services board to promulgate legislative rule relating to perpetrator intervention program licensure; authorizing family protection services board to
promulgate legislative rule relating to monitored visitation and exchange program certification;
authorizing board of funeral service examiners to promulgate legislative rule relating to board;
authorizing board of funeral service examiners to promulgate legislative rule relating to crematory
requirements; authorizing governor's committee on crime, delinquency and correction to promulgate
legislative rule relating to law-enforcement training standards; authorizing governor's committee on
crime, delinquency and correction to promulgate legislative rule relating to community corrections
standards; authorizing massage therapy licensure board to promulgate legislative rule relating to
board; authorizing board of medicine to promulgate legislative rule relating to licensure, disciplinary
and complaint procedures, continuing education and physician assistants; authorizing nursing home
administrators licensing board to promulgate legislative rule relating to nursing home administrators;
authorizing board of optometry to promulgate legislative rule relating to licensure by endorsement;
authorizing board of pharmacy to promulgate legislative rule relating to pharmacist recovery
networks; authorizing board of pharmacy to promulgate legislative rule relating to controlled
substances monitoring; authorizing radiologic technology board of examiners to promulgate
legislative rule relating to board; authorizing real estate appraiser licensing and certification board
to promulgate legislative rule relating to requirements for licensure and certification; authorizing real
estate appraiser licensing and certification board to promulgate legislative rule relating to renewal
of licensure and certification; authorizing real estate commission to promulgate legislative rule
relating to requirements in licensing real estate brokers, associate brokers and salespersons and
conduct of brokerage businesses; authorizing real estate commission to promulgate legislative rule
relating to schedule of fees; authorizing real estate commission to promulgate legislative rule relating
to requirements in approval and registration of real estate courses, course providers and instructors; authorizing secretary of state to promulgate legislative rule relating to registry for notification of
state of emergency; authorizing board of veterinary medicine to promulgate legislative rule relating
to standards of practice; and authorizing board of veterinary medicine to promulgate legislative rule
relating to schedule of fees."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2014) 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. 760), and there were--yeas 89, nays
none, absent and not voting 11, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Long, Schadler,
Shelton, Stalnaker, 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.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 761),
and there were--yeas 86, nays 3, absent and not voting 11, with the nays and absent and not voting
being as follows:
Nays: Caputo, Louisos and Sobonya.
Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Long, Schadler,
Shelton, Stalnaker, Varner and Webb.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 2014) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 762), and there were--yeas 88, nays
1, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Caputo.
Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Long, Schadler,
Shelton, Stalnaker, 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. 2014) 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. 2007 - "A Bill to amend and reenact section eighteen-a, article twenty-two, chapter
twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating generally to state excess lottery fund; deleting obsolete language; providing that certain
bonds issued state on their face that they do not constitute a debt of the state; providing that the
governor appoint six persons to the committee certifying projects to receive funds from bond
proceeds; designating prior applications as refiled and barring submission of new applications;
requiring a certain applicant to file additional information with the committee; providing criteria to
be used by the committee in certifying projects; prohibiting grants to individuals or private entities, but allowing low-interest loans to such persons; giving examples of the types of projects considered
to be in the public interest; and providing that any excess funds be placed in the economic
development project bridge loan fund."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2007) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 2015 - "A Bill to amend and reenact section eleven, article one, chapter nine-a of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section nine-a, article twenty-two, chapter twenty-nine of said code, all relating to the receipt and
disbursement of funds for the architectural fees and project costs for the construction of a veterans'
nursing home; and clarifying that only operational costs are appropriated by the Legislature."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 2015) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Bills Introduced
On motions for leave, bills were introduced and read by their titles and subsequent action by
the House was as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 223 - "A Bill expiring funds to the balance of the workers' compensation fund, fund 3440, fiscal year 2003, organization 0322, for the fiscal year ending the thirtieth day of June, two
thousand three, in the amount of one million dollars from the alcohol beverage control
administration - general administrative fund, fund 7352, fiscal year 2003, organization 0708."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 223) 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. 763), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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 engrossment and third reading.
Having been engrossed, 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. 764), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 223) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 765), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 223) 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.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 224 - "A Bill expiring funds to the unappropriated balance in the state excess lottery
revenue fund, for the fiscal year ending the thirtieth day of June, two thousand three, in the amount
of nineteen million dollars from the economic development authority - economic development
project fund, fund 3167, fiscal year 2003, organization 0307; and transferring funds not to exceed
the amount of five million dollars to the balance of the workers' compensation fund, fund 3440,
fiscal year 2003, organization 0322."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 224) 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. 766), and there were--yeas 89, nays
none, absent and not voting 11, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Schoen,
Shelton, Stalnaker, 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 engrossment and third reading.
Having been engrossed, 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. 767), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 224) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 768), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 224) 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.
House Calendar
Third Reading
H. B. 206, Continuing the equal pay commission; on third reading, coming up in regular
order, was, on motion of Delegate Staton, laid over one day.
H. B. 207, Updating fee structure provisions for certain broker-dealers and agents; on third
reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
H. B. 209, Continuing the funding of the Hatfield-McCoy recreation authority projects; on
third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
H. B. 210, Supplemental appropriation to various departments in the governor's office; on
third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Michael, the bill was amended on page four, section one, line
seventeen, by striking out the words "fund, 0131, fiscal year 2003, activity 099 ($79,333)" and the
comma.
Having been engrossed, 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. 769), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 210) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 770), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton, Stalnaker, 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. 210) 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.
H. B. 211, Supplementary appropriation in the state fund, general revenue, to the department
of military affairs and public safety; on third reading, coming up in regular order, with the right to
amend, was reported by the Clerk.
On motion of Delegate Michael, the bill was amended on page one, following the enacting
clause, by striking out the remainder of the bill 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 0453, fiscal year 2004, organization 0612, be supplemented and amended to read as
follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
57-West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2004 Org 0612
_______________________________________________________ General
Act- Revenue
ivity Funds
1 Personal Services 001 $ 27,307,300
2 Annual Increment 004 191,550
3 Employee Benefits 010 5,594,693
4 Unclassified 099 6,164,417
5 Vehicle Purchase 451 1,000,000
6 Barracks Maintenance
7 and Construction (R) 494 1,719,388
8 Trooper Class 521 3,625,433
9 Barracks Lease Payments 556 318,768
10 Communications and
11 Other Equipment (R) 558 613,285
12 Trooper Retirement Fund 605 24,875,529
13 Handgun Administration Expense 747 70,375
14 Automated Fingerprint
15 Identification System 898 495,293
16 BRIM Premium 913 ________4,635,358
17 Total $ 76,611,389
Any unexpended balances remaining in the appropriations for Barracks Maintenance and
Construction (fund 0453, activity 494), and Communications and Other Equipment (fund 0453,
activity 558) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the
fiscal year 2004.
The purpose of this bill is to supplement this account in the budget act for the fiscal year
ending the thirtieth day of June, two thousand four, by decreasing and increasing items of appropriation with no additional funds being appropriated."
Having been engrossed, 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. 771), and there were--yeas
89, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Faircloth, Frederick, Hatfield, Iaquinta, Schadler,
Shelton, Stalnaker, 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. 211) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 772), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 211) 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.
H. B. 212, Expiring funds to the unappropriated surplus balance in the state fund, general
revenue; on third reading, coming up in regular order, with the right to amend, was, on motion of
Delegate Staton, again laid over one day with the right to amend.
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 third
reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, again laid over one day with the right to amend.
H. B. 214, Expiring funds from the division of banking - assessment and examination fund
to the department of tax and revenue - tax division; on third reading, coming up in regular order,
with the right to amend, was reported by the Clerk.
There being no amendments, the bill was then engrossed and read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 773), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 214) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 774), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 214) 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.
H. B. 215, Supplementary appropriation to the higher education policy commission; on third
reading, coming up in regular order, with the right to amend, was reported by the Clerk.
There being no amendments offered, the bill was then engrossed and read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 775), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 215) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 776), and there were--yeas 89, nays
none, absent and not voting 11, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Leggett, Schadler,
Shelton, Stalnaker, 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. 215) 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.
H. B. 216, Supplementary appropriation to the department of military affairs and public
safety - division of veterans affairs - veterans' home; on third reading, coming up in regular order,
with the right to amend, was reported by the Clerk.
There being no amendments, the bill was then engrossed and read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 777), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 216) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 778), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 216) 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.
H. B. 217, Supplementary appropriation to a new item of appropriation designated to the
board of pharmacy; on third reading, coming up in regular order, with the right to amend, was
reported by the Clerk.
There being no amendments and the bill having been engrossed, it 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. 779), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 217) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 780), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 217) 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.
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; on third reading,
coming up in regular order, with the right to amend, was reported by the Clerk.
There being no amendments, the bill was then engrossed and read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 781), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 218) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 782), 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: Cann, Faircloth, Frederick, Hatfield, Iaquinta, Schadler, Shelton,
Stalnaker, 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. 218) 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.
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 third reading, coming
up in regular order, with the right to amend, was, on motion of Delegate Staton, again laid over one
day with the right to amend.
H. B. 220, Relating generally to creation and administration of economic opportunity
districts by county commissions and Class I and II municipalities; on third reading, coming up in
regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
The Clerk then reported an amendment offered by Delegate Michael on yesterday.
Unanimous consent having been obtained, the foregoing amendment was withdrawn and
Delegate Michael offered a substitute amendment as follows:
On page three, section two, line twenty-two, following the word "Delegates", by inserting
a colon, and the words "Provided, That on and after the effective date of the amendment and
reenactment of this section in the year two thousand three, this subdivision shall be of no force or
effect and the term of the member previously appointed pursuant to this subdivision shall expire"
followed by a semicolon.
On page four, section two, line one, by striking out the words "amendments to" and inserting
in lieu thereof "amendment and reenactment of".
On page four, section two, line six, by striking out the colon and the proviso.
On page forty-six, section seven, line nineteen, following the word "the", by striking out the word "county" and inserting in lieu thereof the word "municipality".
On page forty-seven, section seven, line ten, following the word "a", by striking out the word
"county's" and inserting in lieu thereof the word "municipality's".
On page seventy-two, section seventeen, line three, following the word "opportunity" by
inserting the word "development".
And,
On page eighty-one, section thirty-five, line thirteen, following the word "in", by striking out
the remainder of the sentence and inserting in lieu thereof the words "subdivision (3) of this
subsection" followed by a period.
The question being on the adoption of the amendment, the same was put and prevailed.
On motion of Delegate Staton, the bill was again laid over one day with the right to amend.
H. B. 221, Increasing certain fees and dedicating those increases to the Courthouse Facilities
Improvement Fund and to provide legal services for domestic violence victims; on third reading,
coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
H. B. 222, Creating processes and procedures allowing agencies, counties and their
instrumentalities to enter into performance-based contracts with qualified providers of energy
conservation measures; on third reading, coming up in regular order, with the right to amend, was,
on motion of Delegate Staton, again laid over one day with the right to amend.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Cann, Faircloth, Hatfield, Iaquinta, Schadler, and Shelton.
At 4:20 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 8:30
a.m., Saturday, June 14, 2003.