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Monday, March 8, 2004



The House of Delegates met at 11:00 a.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 Friday, March 5, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


Chairman R. M. Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

S. B. 285, Allowing state-chartered banks to organize as limited liability companies in certain cases,

And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 285) was referred to the Committee on the Judiciary.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

Com. Sub. for S. B. 230, Relating to definitions of casualty insurance and federal flood insurance; other provisions,

And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 230) was referred to the Committee on Finance.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

Com. Sub. for S. B. 143, Relating to small employer accident and sickness insurance policies,

And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 143) was referred to the Committee on Finance.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

S. B. 517, Relating to standard nonforfeiture law for individual deferred annuities, And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

In the absence of objection, reference of the bill (S. B. 517) to the Committee on the Judiciary was abrogated.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 517) will be placed on the Consent Calendar.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

Com. Sub. for S. B. 176, Relating to investments and investment practices of insurance companies,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for S. B. 176) to the Committee on Finance was abrogated.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

Com. Sub. for S. B. 431, Establishing Interstate Insurance Product Regulation Compact,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for S. B. 431) to the Committee on the Judiciary was abrogated.

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 5th day of March, 2004, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for S. B. 209), Requiring review of certain state leases and purchases by Joint Committee on Government and Finance.


Messages from the Executive

Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on March 3, 2004, he approved Com. Sub. for S. B. 258; and on March 4, 2004, he approved H. B. 4012, H. B. 4287 and H. B. 4349.


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. 4084, West Virginia Pharmaceutical Availability and Affordability Act.

On motion of Delegate Staton, the bill was taken up for immediate consideration.

The following Senate amendments were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

"That the code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17, all to read as follows:
ARTICLE 3C. PHARMACEUTICAL AVAILABILITY AND AFFORDABILITY ACT OF 2004.

§5A-3C-1. Title.

The provisions of this article shall be known as and referred to as the 'West Virginia Pharmaceutical Availability and Affordability Act'.
§5A-3C-2. Purpose.
(a) The Legislature finds:
(1) That the rising cost of prescription drugs has imposed a significant hardship on individuals who have limited budgets, are uninsured or who have prescription coverage that is unable to control costs successfully due to cost shifting and disparate pricing policies;
(2) That the average cost per prescription for seniors rose significantly between one thousand nine hundred ninety-two and two thousand, and is expected to continue increasing significantly through two thousand ten;
(3) That there is an increasing need for citizens of West Virginia to have affordable access to prescription drugs; and
(4) That the Legislature does not intend the imposition of the programs under this article to penalize or otherwise jeopardize the benefits of veterans and other recipients of federal supply schedule drug prices.
(b) In an effort to promote healthy communities and to protect the public health and welfare of West Virginia residents, the Legislature finds that it is its responsibility to make every effort to provide affordable prescription drugs for all residents of West Virginia.
§5A-3C-3. Definitions.
In this article:
(1) 'Advertising or marketing' means any manner of communication of information, either directly or indirectly, that is paid for and usually persuasive in nature about products, services or ideas related to pharmaceuticals by identified sponsors through various media, persons or other forms as further defined by legislative rule.
(2) 'AWP' or 'average wholesale price' means the amount determined from the latest publication of the blue book, a universally subscribed pharmacist reference guide annually published by the Hearst corporation. 'AWP' or 'average wholesale price' may also be derived electronically from the drug pricing database synonymous with the latest publication of the blue book and furnished in the national drug data file (NDDF) by first data bank (FDB), a service of the Hearst corporation.
(3) 'Dispensing fee' means the fee charged by a pharmacy to dispense pharmaceuticals.
(4) 'Drug manufacturer' or 'pharmaceutical manufacturer' means any entity which is engaged in: (A) The production, preparation, propagation, compounding, conversion or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; or (B) in the packaging, repackaging, labeling, relabeling or distribution of prescription drug products. 'Drug manufacturer' or 'pharmaceutical manufacturer' does not include a wholesale distributor of drugs or a retail pharmacy licensed under state law.
(5) 'Multiple-source drug', 'innovator drug' and 'noninnovator drug' mean the following:
(A) The term 'multiple-source drug' means, for which there are two or more drug products which are: Rated as therapeutically equivalent (under the food and drug administration's most recent publication of 'Approved Drug Products with Therapeutic Equivalence Evaluations'), except as provided in paragraph (B) of this subdivision, are pharmaceutically equivalent and bioequivalent, as determined by the food and drug administration, and the term 'innovator drug' shall hereinafter be referred to as 'brand'. The term 'innovator drug' means a drug which is produced or distributed under an original new drug application approved by the food and drug administration, including a drug product marketed by any cross-licensed producers or distributors operating under the new drug application and any multiple-source drug that was originally marketed under an original new drug application approved by the food and drug administration. The term 'noninnovator drug' shall hereinafter be referred to as 'generic'. The term 'noninnovator drug' means a multiple-source drug that is not an 'innovator drug'.
(B) Paragraph (A) of this subdivision shall not apply if the food and drug administration changes by regulation the requirement that, for purposes of the publication described in paragraph (A) of this subdivision, in order for drug products to be rated as therapeutically equivalent, they must be pharmaceutically equivalent and bioequivalent.
(6) 'Labeler' means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal food and drug administration pursuant to 21 C. F. R. §207.20 (1999).
(7) 'Person' means any natural person or persons or any corporation, partnership, company, trust or association of persons.
(8) 'Pharmaceutical drug detailing' or 'detailing' means the function performed by a sales representative who is employed by a pharmaceutical manufacturer for the purpose of: Promotion of pharmaceutical drugs or related products; education about pharmaceutical drugs or related products; or to provide samples of pharmaceutical drugs, related products or related materials, gifts, food or meals.
(9) 'Savings' means the difference between the previous price of a prescription drug including any discounts, rebates or price containments and the current price after the effective date of this article for the public employees insurance agency, children's health insurance program, medicaid and workers' compensation programs or other programs which are payors for prescription drugs.
(10) 'Sole source' means a pharmaceutical that provides a unique and powerful advantage available in the market to a broad group of patients established under federal law.
(11) 'West Virginia pharmaceutical cost containment authority' or 'authority' means the authority created pursuant to section eight of this article.
§5A-3C-4. Creation of clearinghouse program.
(a) There is hereby created the state prescription drug assistance clearinghouse program. The brand pharmaceutical manufacturers shall create and implement a program to assist state residents of low income or are uninsured to gain access to prescription medications through existing private and public sector programs and prescription drug assistance programs offered by manufacturers, including discount and coverage programs. The brand pharmaceutical manufacturers shall use available computer software programs that access an eligible individual with the appropriate private or public programs relating to the individual's medically necessary drugs. The brand pharmaceutical manufacturers shall provide education to individuals and providers to promote the program and to expand enrollment and access to necessary medications for low-income or uninsured individuals qualifying for the programs. The participating brand pharmaceutical manufacturers shall be responsible for the cost of the establishment of the program. Ownership of the technology, website and other program features shall be transferred to the state on or before the first day of October, two thousand four. The secretary of the department of health and human resources and the director of the public employees insurance agency shall provide joint oversight over the establishment and construction of the program and program features for the period of time prior to the transfer of ownership to the state. The pharmaceutical authority shall recommend the state agency to own, control and operate the program, technology and program features, and shall include such recommendation in its report on or before the first day of September, two thousand four, to the joint committee on government and finance, as provided for in section eight of this article.
(b) The participating brand pharmaceutical manufacturers shall contribute the funding for the promotion of the public relations program attendant to the establishment of the program. The participating brand pharmaceutical manufacturers shall be responsible for the cost of the establishment of the program and the cost of the ongoing program, regardless of the date of transfer of ownership of the program to the state, for the period of time until the thirty-first day of December, two thousand four.
§5A-3C-5. Pharmaceutical discount program; establishment; eligible individuals; discount pass through; terms.

There is hereby established a discount drug program to provide low-income, uninsured individuals with access to prescription drugs from participating brand pharmaceutical companies and pharmacists through either a state-sponsored discount card program or a program that extends current brand pharmaceutical manufacturer prescription drug assistance programs:
(a) The state hereby establishes a state-sponsored prescription drug discount card program for certain eligible residents of West Virginia:
(1) Eligible individuals include uninsured residents of West Virginia up to two hundred per cent of the federal poverty guideline who have not been covered by a prescription drug program, whether public or private, at least six months prior to applying to the discount card program;
(2) The state may negotiate voluntary discounts with brand pharmaceutical manufacturers and pharmacists: Provided, That the total discount received from the manufacturer shall pass through to the eligible resident;
(3) Failure of a brand pharmaceutical manufacturer to participate in the voluntary discount card program will not result in prior authorization on their drugs in the medicaid program; and
(4) The state shall not establish a formulary, preferred drug list or prior authorization program as part of the discount card program.
(b) The brand pharmaceutical manufacturers may extend existing prescription drug assistance programs to eligible residents of West Virginia.
Eligible individuals include uninsured residents of West Virginia up to two hundred percent of the federal poverty level who have not been covered by a prescription drug program, whether public or private, at least six months prior to applying to the program.
§5A-3C-6. Creation of program; administrative support; medicaid and chip program.

(a) There is hereby created in the state a program to obtain favorable pharmaceutical prices for state agencies and other qualified entities pursuant to this article.
(b) The medicaid program and the West Virginia children's health insurance program may be exempt from participation in this program until approval by the center for medicare and medicaid services has been granted if it is determined to be required by the authority.
(c) Administrative staff support for the authority created by this article shall be provided by the departments represented on the authority.
§5A-3C-7. Multistate discussion group.
For the purposes of reviewing or amending the program establishing the process for making pharmaceuticals more available and affordable to the citizens of West Virginia, the state may continue to enter into multistate discussions and agreements. For purposes of participating in these discussions, the state shall be represented by members of the authority created in section eight of this article.
§5A-3C-8. West Virginia pharmaceutical cost containment authority.
(a) There is hereby created the West Virginia pharmaceutical cost containment authority which consists of the secretary of the department of administration or his or her designee, the director of the public employees insurance agency or his or her designee, the director of the health care authority or his or her designee, the director of the bureau of medical services of the department of health and human resources or his or her designee, the insurance commissioner or his or her designee, the secretary of the department of health and human resources or his or her designee, the executive director of the workers' compensation commission or his or her designee, the commissioner of the bureau of senior services or his or her designee and seven members from the public who shall be appointed by the governor with the advice and consent of the Senate. One public member shall be a licensed pharmacist employed by a hospital, one public member shall be a licensed pharmacist employed by a community retail pharmacy, one public member shall be a representative of a pharmaceutical manufacturer with substantial operations located in the state of West Virginia that has at least seven hundred fifty employees, two public members shall be primary care physicians and two public members shall have experience in the financing, development or management of a health insurance company which provides pharmaceutical coverage. Each public member shall serve for a term of four years. Of the public members of the authority first appointed, one shall be appointed for a term ending the thirtieth day of June, two thousand six, and three each for terms of three and four years. Each public member shall serve until his or her successor is appointed and has qualified. A member of the authority may be removed by the governor for cause.
(b) The secretary of the department of administration shall serve as chairperson of the authority, which shall meet at times and places specified by the chairperson or upon the request of two members of the authority.
(c) Authority members shall not be compensated in their capacity as members but shall be reimbursed for reasonable expenses incurred in the performance of their duties.
(d) The authority has the power and authority to:
(1) Contract for the purpose of implementing the cost containment provisions of this article;
(2) File suit;
(3) Execute as permitted by applicable federal law, prescription drug purchasing agreements with:
(A) All departments, agencies, authorities, institutions, programs, quasi public corporations and political subdivisions of this state, including, but not limited to, the children's health insurance program, the division of corrections, the division of juvenile services, the regional jail and correctional facility authority, the workers' compensation fund, state colleges and universities, public hospitals, state or local institutions, such as nursing homes, veterans' homes, the division of rehabilitation, public health departments, state programs, including, but not limited to, programs established in sections four and five of this article, and the bureau of medical services: Provided, That any contract or agreement executed with or on behalf of the bureau of medical services shall contain all necessary provisions to comply with the provisions of Title XIX of the Social Security Act, 42 U. S. C. §1396 et seq., dealing with pharmacy services offered to recipients under the medical assistance plan of West Virginia;
(B) Governments of other states and jurisdictions and their individual departments, agencies, authorities, institutions, programs, quasi-public corporations and political subdivisions; and (C) Regional or multistate purchasing alliances or consortia, formed for the purpose of pooling the combined purchasing power of the individual members in order to increase bargaining power; and
(4) Explore strategies by which West Virginia may manage the increasing costs of prescription drugs and increase access to prescription drugs for all of the state's citizens, including the authority to:
(A) Explore the enactment of fair prescription drug pricing policies;
(B) Explore discount prices or rebate programs for seniors and persons without prescription drug coverage;
(C) Explore programs offered by pharmaceutical manufacturers that provide prescription drugs for free or at reduced prices;
(D) Explore requirements and criteria, including the level of detail, for prescription drug manufacturers to disclose to the authority expenditures for advertising, marketing and promotion, based on aggregate national data;
(E) Explore the establishment of counter-detailing programs aimed at educating health care practitioners authorized to prescribe prescription drugs about the relative costs and benefits of various prescription drugs, with an emphasis on generic substitution for brand name drugs when available and appropriate; prescribing older, less costly drugs instead of newer, more expensive drugs, when appropriate; and prescribing lower dosages of prescription drugs, when available and appropriate;
(F) Explore disease state management programs aimed at enhancing the effectiveness of treating certain diseases identified as prevalent among this state's population with prescription drugs; (G) Explore prescription drug purchasing agreements with large private sector purchasers of prescription drugs and including those private entities in pharmacy benefit management contracts: Provided, That no private entity may be compelled to participate in a purchasing agreement;
(H) Explore the feasibility of using or referencing, the federal supply schedule or referencing to the price, as adjusted for currency valuations, set by the Canada patented medicine prices review board ('PMPRB'), or any other appropriate referenced price to establish prescription drug pricing for brand name drugs in the state; and to review and determine the dispensing fees for pharmacies in such a program;
(I) Explore, if possible, joint negotiations for drug purchasing and a shared prescription drug pricing schedule and shared preferred drug list for use by the public employees insurance agency, the medicaid program, other state payors and private insurers;
(J) Explore coordination between the medicaid program, the public employees insurance agency and, to the extent possible, in-state hospitals and private insurers toward the development of a uniform preferred prescription drug list which is clinically appropriate and which leverages retail prices;
(K) Explore policies which promote the use of generic drugs, where appropriate;
(L) Explore a policy that precludes a drug manufacturer from reducing the amounts of drug rebates or otherwise penalize an insurer, health plan or other entity which pays for prescription drugs based upon the fact that the entity uses step therapy or other clinical programs before a drug is covered or otherwise authorized for payment;
(M) Explore arrangements with entities in the private sector, including self-funded benefit plans and nonprofit corporations, toward combined purchasing of health care services, health care management services, pharmacy benefits management services or pharmaceutical products on the condition that no private entity be compelled to participate in the prescription drug purchasing pool; and
(N) Explore other strategies, as permitted under state and federal law, aimed at managing escalating prescription drug prices and increasing affordable access to prescription drugs for all West Virginia citizens;
(5) Contract with appropriate legal, actuarial and other service providers required to accomplish any function within the powers of the authority;
(6) Develop other strategies, as permitted under state and federal law, aimed at managing escalating prescription drug prices and increasing affordable access to prescription drugs for all West Virginia citizens;
(7) Explore the licensing and regulation of pharmaceutical detailers, including the requirement of continuing professional education, the imposition of fees for licensing and continuing education, the establishment of a special revenue account for deposit of the fees and the imposition of penalties for noncompliance with licensing and continuing education requirements, and rules to establish procedures to implement the provisions of the subdivision;
(8) The authority shall report to the Legislature's joint committee on government and finance on or before the first day of September, two thousand four, and report on or before the thirty-first day of December, two thousand four, and annually thereafter to the Legislature, and provide recommendations to the Legislature on needed legislative action and other functions established by the article or requested by the joint committee on government and finance of the Legislature; and
(9) The authority shall, upon the passage of this article, immediately commence to study the fiscal impact to this state of the federal 'Medicare Prescription Drug Improvement and Modernization Act of 2003' and shall report to the Legislature's joint committee on government and finance on or before the fifteenth day of October, two thousand four, as to the findings of the authority.
§5A-3C-9. Investigation of Canadian drugs; wholesaling; federal waivers.

The authority created in section eight of this article and the director of the public employees insurance agency are authorized to investigate the feasibility of purchasing prescription drugs from sources in Canada, which may include the feasibility of the state or an instrumentality thereof serving as a wholesale distributor of prescription drugs in the state.
(a) Upon a determination by the authority or the director of the public employees insurance agency that the same is feasible and in the best interests of the citizens of the state, the authority or the director is authorized to pursue waivers from the federal government, including, but not limited to, from the United States food and drug administration, as necessary for the state to accomplish prescription drug purchasing from sources in Canada provided, however, if a waiver is not granted, the authority is authorized to take necessary legal action.
(b) Upon a favorable finding by the appropriate federal agencies or courts, notwithstanding any provision of this code to the contrary, the authority or the director of the public employees insurance agency may establish and implement a methodology to provide wholesale drugs to licensed pharmacies located within West Virginia, provided however, prior to the implementation, the Legislature must adopt a concurrent resolution authorizing such action.
§5A-3C-10. Director's powers; ability to enter drug purchasing contracts.

Notwithstanding any provision of this code to the contrary, nothing contained in this article shall be construed to limit the powers and authority granted to the director of the public employees insurance agency pursuant to article sixteen-c, chapter five of this code. Notwithstanding any provision of this code to the contrary and specifically subdivision four, subsection (a), section four, article five-c, chapter five of this code, the director is authorized to execute prescription drug purchasing agreements without further enactment of the Legislature.
§5A-3C-11. Agency's management ability continued.

Nothing contained in this article shall be construed to limit the ability of the various state agencies to enter into contracts or arrangements or to otherwise manage their pharmacy programs until such time as the programs created or authorized pursuant to this article are implemented.
§5A-3C-12. Restraint of trade; civil and criminal violations defined.

(a) The following are considered to restrain trade or commerce unreasonably and shall be unlawful:
(1) A contract, combination or conspiracy between two or more persons:
(A) For the purpose or with the intent to fix, control or maintain the market price, rate or fee of pharmaceuticals; or
(B) Allocate or divide customers or markets, functional or geographic, for any pharmaceutical.
(2) The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this state, by any persons for the purpose of or with the intent to exclude competition or control, fix or maintain pharmaceutical prices.
(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one nor more than ten years, or fined in an amount consistent with the federal anti-trust guidelines which may include treble damages, or both fined and confined.
(c) Any person violating the provisions of this section is liable for a civil penalty and fine in an amount consistent with the federal antitrust guidelines which may include treble damages, for each violation.
(d) The county prosecutor shall investigate suspected violations of, and institute criminal proceedings pursuant to, the provisions of this section.
(e) The attorney general or special counsel appointed by the governor, in his or her discretion, shall represent the state in all civil proceedings brought on behalf of the state to enforce the provisions of this section. After payment of all attorney fees and costs, no less than fifty percent of all judgments or settlements shall be placed in the general revenue fund of the state.
§5A-3C-13. Advertising costs; reporting of same.

(a) Advertising costs for prescription drugs, based on aggregate national data, must be reported to the state authority by all manufacturers and labelers of prescription drugs dispensed in this state that employs, directs or utilizes marketing representatives. The reporting shall assist this state in its role as a purchaser of prescription drugs and an administrator of prescription drug programs, enabling this state to determine the scope of prescription drug advertising costs and their effect on the cost, utilization and delivery of health care services and furthering the role of this state as guardian of the public interest.
(b) The authority shall establish, by legislative rule, the reporting requirements of information by labelers and manufacturers which shall include all national aggregate expenses associated with advertising and direct promotion of prescription drugs through radio, television, magazines, newspapers, direct mail and telephone communications as they pertain to residents of this state.
(c) The following shall be exempt from disclosure requirements:
(1) All free samples of prescription drugs intended to be distributed to patients;
(2) All payments of reasonable compensation and reimbursement of expenses in connection with a bona fide clinical trial. As used in this subdivision, 'clinical trial' means an approved clinical trial conducted in connection with a research study designed to answer specific questions about vaccines, new therapies or new ways of using known treatments; or
(3) All scholarship or other support for medical students, residents and fellows to attend significant educational, scientific or policy-making conference of national, regional or specialty medical or other professional association if the recipient of the scholarship or other support is selected by the association.
(d) The authority is further authorized to establish time lines, the documentation, form and manner of reporting required as the authority determines necessary to effectuate the purpose of this article. The authority shall report to the joint committee on government and finance, in an aggregate form, the information provided in the required reporting.
(e) Notwithstanding any provision of law to the contrary, information submitted to the authority pursuant to this section is confidential and is not a public record and is not available for release pursuant to the West Virginia freedom of information act. Data compiled in aggregate form by the authority for the purposes of reporting required by this section is a public record as defined in the West Virginia freedom of information act, as long as it does not reveal trade information that is protected by state or federal law.
§5A-3C-14. State role.
For purpose of implementing this article, the state represented by the authority shall have authority to negotiate pharmaceutical prices to be paid by program participants. These negotiated prices shall be available to all programs.
§5A-3C-15. Rulemaking.
The authority may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to implement any section of this article.
§5A-3C-16. Sunset provision.
The authority shall continue to exist, pursuant to the provisions of article ten, chapter four of this code, until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished pursuant to the provisions of that article.
§5A-3C-17. Potential use of savings.
Savings identified by all program participants shall be quantified and certified to the authority and included in the annual report of the authority to the Legislature provided for in section eight of this article. Savings, or any part thereof, created by the implementation of this program may, in the sole discretion of the Legislature, be directed towards the maintenance of existing state health programs and the expansion of insurance programs for the uninsured and underinsured."
And,
By amending the title of the bill to read as follows:
H. B. 4084 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17, all relating generally to the creation of a pharmaceutical program for the state; legislative findings; definitions; creation of the prescription drug assistance clearinghouse program; requiring costs of program to be paid by drug manufacturers; transfer of ownership of the program to the state; establishment of pharmaceutical discount program; eligibility for participation in the pharmaceutical discount program; discount pass through; creation of a West Virginia pharmaceutical cost containment authority; establishing membership; establishing powers and responsibilities; reporting requirements; authority to investigate the feasibility of purchasing Canadian drugs; authority to explore numerous strategies, policies, and programs, including, but not limited to, referenced prices for prescription drug purchases and pricing in the state; state responsibilities; prohibiting restraint of trade; providing civil and criminal penalties for restraint of trade; advertising costs and reporting; rule-making authority; sunset provisions; and identifying potential use of savings."
On motion of Delegate Staton, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, to take effect from passage, of
S. B. 448, Relating to higher education advisory boards generally.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments to the House of Delegates amendment were reported by the Clerk:
(See the Journal of the Senate, March 5, 2004, pgs 171 - 351.)

On motion of Delegate Staton, the House of Delegates refused to concur in the Senate amendments to the House amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Frich and Caruth requested that the Journal record them as voting "Nay" on the motion to refuse to concur in the Senate amendments to the House amendments to S. B. 448.


Consent Calendar

First Reading

The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
Com. Sub. for S. B. 208, on first reading, Consent Calendar, to the House Calendar, by Delegate Faircloth.
And,
S. B. 631, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 100, Prohibiting state and political subdivisions from contracting with vendors owing debt,
Com. Sub. for S. B. 181, Permitting retired state police to carry concealed weapon for life,
S. B. 469, Continuing interstate commission on uniform state laws,
S. B. 470, Continuing real estate appraiser licensing and certification board,
S. B. 506, Permitting use of "bank" in name of licensed insurance company,
And,
S. B. 576, Continuing state rail authority.


Special Calendar

Unfinished Business

S. C. R. 42, Requesting Governor proclaim fourth Friday of April, 2004, "Children's Memorial Flag Day"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. C. R. 6, Naming the bridge located at Howell's Mill near Ona, WV, "the Rimmer-White Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 52, Requesting a study on the State's water quality standards; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 54, Requesting a study of the efficacy of collaborative pharmacy practice agreements between pharmacists and physicians; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 55, Requesting a study whether wild ginseng and cultivated ginseng should be regulated in the same manner; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 57, Expressing the full support of the West Virginia Legislature for the Republic of China on Taiwan to be permitted to appropriate and meaningful participation in activities of the World Health Organization; coming up in regular order, as unfinished business, was, on motion of Delegate Staton, laid over one day.
H. C. R. 76, Designating May 1, 2004, as "Hampshire County Day" in recognition of the 250th anniversary of the founding of Hampshire County; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.


Second Reading

S. B. 563, Relating to public employees retirement act; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Staton, the bill was amended on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Eng. H. B. 4563.
The bill was then ordered to third reading.


First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4748, Supplemental appropriation in the state excess lottery revenue fund, to the lottery commission - refundable credit,
H. B. 4749, Supplementing, amending and increasing items of the existing appropriations from the state road fund to the department of transportation, division of highways,
H. B. 4750, Supplemental appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated to the department of education - state department of education,
And,
H. B. 4751, Supplemental appropriation to the department of military affairs and public safety - adjutant general - state militia.
At 12:03 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * * * *



Evening Session

* * * * * * * * * *

At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.


Committee Reports

Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 444, Requiring county litter control officers to enforce litter laws, And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 444) was referred to the Committee on the Judiciary.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 697, Delegating motor carrier inspector duties to weight enforcement officers,
And reports the same back, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 697) to the Committee on the Judiciary was abrogated.
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 505, Creating motor vehicle classification of "low-speed vehicle",
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 505) was referred to the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 418, Allowing certain sheriff employees to carry deadly weapons,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 418) was referred to the Committee on the Judiciary.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 60, Designating Route 19/25 near Sutton, Braxton County, as "Tiffany Jackson Drive", in memory and honor of Tiffany Elaine Jackson,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 60 - "Requesting the West Virginia Division of Highways to designate Route 19/25 near Sutton, Braxton County, West Virginia, between the junction of Route 19/40 and Route 7/7 as 'Tiffany Jackson Drive' in memory and honor of Tiffany Elaine Jackson."
With the recommendation that the committee substitute be adopted.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 58, Naming the new Watson Bridge, over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Jim Costello Memorial Bridge",
And reports the same back with the recommendation that it be adopted.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 12, Amending the Rules of the House of Delegates, relating to compelling a standing committee to take up and report out a bill,
And reports the same back with the recommendation that it be rejected.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules:
By Delegates Williams, Swartzmiller, Romine, Hamilton, Howard, Sumner, Paxton, Long, Stemple, Crosier, Poling, Perry, Wakim, Shaver, Renner, Sobonya, Tabb, Beach, Canterbury, Duke, Kuhn, Hartman, Shelton, Fragale and Mezzatesta:

H. C. R. 77 - "Directing the Joint Committee on Government and Finance to make a study on the instructional term."
Whereas, A primary goal in establishing a calendar for the instructional term of schools is to provide sufficient time for delivery of the required curriculum at a pace at which the students should be able to master the material; and
Whereas, Once a calendar is established for the instructional term, some of the scheduled instructional days may need to be cancelled due to random events such as severe weather conditions, natural disasters, infrastructure breakdowns, and other emergencies, of which some number of these cancellations may be anticipated based on historical experience, and these cancellations are necessary to protect the health and safety of the students; and
Whereas, The present parameters established for a calendar for the instructional term require no less than 180 separate instructional days, require 20 noninstructional days, restrict the dates for beginning and ending the instructional term as well as its duration, limit when certain of the required days may be scheduled in the calendar, and require certain of the days to be rescheduled to make up for instructional days cancelled; and
Whereas, Variables other than the number of instructional days in school calendar also affect the time available throughout the instructional term for delivering the required curriculum, including variables such as the length of the school day; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby directed to make a study on the instructional term; and be it
Further Resolved, That the issues considered in the study should include, but should not be limited to:
(1) Consideration of whether the amount of required instructional time within an instructional term may be a more equitable and creditable standard than the number of required instructional days and, if so, whether the standard should reflect the "time on task" or the length of the instructional day;
(2) Consideration of whether, and if so, how, instructional time in excess of the required minimums accruing during the course of an instructional term should be credited in whole or in part as time made up for scheduled instructional days that are cancelled if the current standard for a required minimum number of instructional days is maintained; and
(3) Consideration of how the required days or times required for instruction in the secondary schools may be allocated between the 1st and 2nd semesters to permit the conclusion of the 1st semester before the first day of January; and be it
Further Resolved, That the said Joint Committee on Government and Finance shall conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
On motions for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Michael, Doyle, H. White, Stalnaker, Boggs, Carmichael and Cann:
H. B. 4752 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of tax and revenue - division of banking, fund 3041, fiscal year 2004, organization 0303, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"
By Delegates Michael, Proudfoot, Ashley, Browning, Foster, Houston and Anderson:
H. B. 4753
- "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of environmental protection - division of environmental protection - stream restoration fund, fund 3349, fiscal year 2004, organization 0313, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"
By Delegates Michael, Warner, Campbell, Ashley, Frederick, Thompson and H. White:
H. B. 4754
- "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of transportation - division of motor vehicles, fund 8787, fiscal year 2004, organization 0802, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"
By Delegates Michael, Leach, Browning, Thompson, H. White and Cann:
H. B. 4755
- "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to a new item of appropriation designated to the coal heritage highway authority, fund 8861, fiscal year 2004, organization 0942, supplementing and amending chapter twenty, acts of the Legislature, regular session, two thousand three, known as the budget bill,"
By Delegates Michael, Leach, Boggs and Campbell:
H. B. 4756
- "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the West Virginia state board of examiners for licensed practical nurses, fund 8517, fiscal year 2004, organization 0906, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"
By Delegates Michael, Doyle, Warner, Houston, Anderson, R. M. Thompson and Cann:
H. B. 4757
- "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of military affairs and public safety - division of criminal justice services, fund 8803, fiscal year 2004, organization 0620, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"
By Delegates Michael, Doyle, H. White, Campbell, Boggs and Proudfoot:
H. B. 4758 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of military affairs and public safety - division of criminal justice services - juvenile accountability incentive, fund 8829, fiscal year 2004, organization 0620, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"
And
By Delegates Kiss, Michael, Doyle, Warner, Campbell, Varner and Browning:
H. B. 4759
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-3a, relating to personal income tax; providing for an alternative minimum tax; specifying rate and measure of tax; proceeds of tax dedicated to senior citizens fund; fund creation; and setting forth an effective date."
Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 196, Allowing activities on school instructional support and enhancement days to occur in any order,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 196) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 165, Simplifying state higher education tuition and fee system,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 165) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 694, Establishing Fairness in Competitive Bidding Act,
And,
S. B. 286, Relating to assessment of regulated consumer lenders,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 420, Relating generally to motor fuels excise tax,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 420) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S.B. 160, Extending time to appropriate money from public employees insurance agency reserve fund to bureau of medical services,
And,
S. B. 671, Clarifying appeal bond procedures relating to master tobacco settlement,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (S. B. 160 and S. B. 671) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub for S. B. 149, Relating generally to department of tax and revenue,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 149) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 516, Establishing eastern panhandle highway authority,
And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 516) was referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 575, Continuing motor vehicle dealers advisory board,
S. B. 577, Continuing board of registration for foresters,
And,
S. B. 578, Continuing design-build board,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (S. B. 575, S. B. 577 and S. B. 578) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 718, Authorizing board of examiners of psychologists set fees by rule,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 731, Relating to promulgation of rules by department of administration for compliance standards for state leased property,
And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 731) was referred to the Committee on the Judiciary.


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. 4107, Allowing licensees of charitable bingo and raffle games to transfer game proceeds between their bingo and raffle operations.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
" That §47-20-11, §47-20-12a and §47-20-16 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §47-21-12 and §47-21-16 of said code be amended and reenacted, all to read as follows:
ARTICLE 20. CHARITABLE BINGO.
§47-20-11. Operator of bingo games and related concessions.
(a) Except as provided in sections thirteen and twenty-two of this article, the only persons, as defined in section two of this article, that may participate in any manner in the conduct of any bingo game or operate any concession in conjunction with a bingo occasion are either:
(1) Residents of this state and who are active members of the licensee organization or its authorized auxiliary organization and who have been active members in good standing of the licensee organization or its authorized auxiliary for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license; may participate in any manner in the conduct of any bingo game or operate any concession in conjunction with a bingo occasion: Provided, That or
(2) Employees of the licensee organization or its authorized auxiliary organization who are residents of this state or who reside in a contiguous state within thirty-five miles from this state.
(b) Notwithstanding anything contained in this article to the contrary, no individual under the age of eighteen years may directly or indirectly participate in the conduct of a bingo game, except for junior firefighters, in accordance with the provisions of this article.
§47-20-12a. Compensation of bingo operator; number of employees.
(a) Within the guidelines set forth in subsections (b), (c) and (d) of this section, a licensee may pay a salary, the minimum of which shall be established at is the federal minimum wage and the maximum being of which is six dollars and fifty cents per hour, to operators of bingo games who are either:
(1) Active members of the licensee organization and who have been active members in good standing for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license; or
(2) Employees of the licensee organization or its authorized auxiliary organization who are residents of this state or who reside in a contiguous state within thirty-five miles from this state.

(b) If the licensee's gross receipts from bingo occasions equal or exceed one hundred thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than eight operators.
(c) If the licensee's gross receipts from bingo occasions are less than one hundred thousand dollars, but equal or exceed fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than five operators.
(d) If the licensee's gross receipts from bingo occasions are less than fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than three operators.
(e) If the licensee also possesses a super bingo license, it may pay a salary to not more than fifteen operators during the super bingo occasion.
(f) In the case of a licensee lawfully holding a charitable bingo occasion simultaneously with a charitable raffle occasion, the number of paid charitable bingo operator employees allowed under this limitation for bingo licensees shall be is in addition to the number of charitable raffle operator employees allowed under section fifteen, article twenty-one of this chapter. Licensees holding simultaneous occasions shall pay bingo operators from the proceeds of bingo operations and shall pay raffle operators from the proceeds of raffle operations and the charitable bingo fund and the charitable raffle fund and payments from the funds shall may not be commingled.
(g) For purposes of the limitations set forth in this section, the term 'operator' or 'bingo operator' or 'raffle operator' shall does not include concession stand workers. Wages paid to concession workers shall may not exceed six dollars and fifty cents per hour.
§47-20-16. Records; commissioner audit.
Any licensee which holds a bingo occasion as provided by this article shall maintain a separate checking account and separate book-keeping procedure for its bingo operations: Provided, That nothing in this article restricts a licensee from transferring moneys in the account from a bingo occasion to an account created under section sixteen, article twenty-one of this chapter in an amount not to exceed the actual loss of the raffle occasion receiving the transfer: Provided, however, That money transferred shall be withdrawn only by checks having preprinted consecutive numbers and made payable to the account created under section sixteen, article twenty-one of this code. Money for expenses shall be withdrawn only by checks having preprinted consecutive numbers and made payable to a specific person, firm or corporation and at no time shall a check be made payable to cash. A licensee shall maintain all records required by this article for at least three years and the records shall be open to the commissioner for reasonable inspection. Whenever the tax commissioner has reasonable cause to believe a licensee has violated any of the provisions of this article, he or she may perform or cause to be performed an audit of the licensee's books and records: Provided further, That the tax commissioner shall perform or cause to be performed an audit of the books and records of any licensee that has awarded total prizes in excess of one hundred seventy-five thousand dollars. The tax commissioner shall file a copy of the completed audit with the county commission of the county wherein the licensee holds bingo occasions.
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-12. Compensation.
(a) A licensee may pay a salary, the minimum of which shall be established at is the federal minimum wage and the maximum of which shall be is six dollars and fifty cents per hour, to operators of charitable raffle games who are either:
(1) Active members of the licensee organization and who have been active members in good standing for at least two years prior to the date of filing of the application for a charitable raffle license or the most recent filing of an application for renewal of the license; or
(2) Employees of the licensee organization who are residents of this state or who reside in a contiguous state within thirty-five miles from this state.

(b) If the licensee's gross receipts from raffle occasions equal or exceed one hundred thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than eight operators.
(c) If the licensee's gross receipts from charitable raffle occasions are less than one hundred thousand dollars, but equal or exceed fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than five operators.
(d) If the licensee's gross receipts from charitable raffle occasions are less than fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to no more than three operators.
(e) In the case of a licensee lawfully holding a charitable bingo occasion simultaneously with a charitable raffle occasion, the number of paid charitable raffle operator employees allowed under this limitation for charitable raffle licensees is in addition to the number of charitable bingo operator employees allowed under section twelve-a, article twenty of this chapter. Licensees holding simultaneous occasions shall pay bingo operators from the proceeds of bingo operations and shall pay raffle operators from the proceeds of raffle operations and the charitable bingo fund and the charitable raffle fund and payments from the funds shall may not be commingled.
(f) For purposes of the limitations set forth in this section, the term 'operator' or 'bingo operator' or 'raffle operator' shall do not include concession stand workers. Wages paid to concession workers shall may not exceed six dollars and fifty cents per hour.
§47-21-16. Records; commissioner audit.
Any licensee which holds a raffle occasion as provided by this article shall maintain a separate account and separate book-keeping procedure for its raffle operations: Provided, That nothing in this article restricts a licensee from transferring moneys in the account from a raffle occasion to an account created under section sixteen, article twenty of this chapter in an amount not to exceed the actual loss of the raffle occasion receiving the transfer: Provided, however, That money transferred shall be withdrawn only by checks having preprinted consecutive numbers and made payable to the account created under section sixteen, article twenty of this code. All records required by this article shall be maintained for at least three years and shall be open to the commissioner for reasonable inspection. Whenever the commissioner has reasonable cause to believe a licensee has violated any of the provisions of this article, he may perform or cause to be performed an audit of the licensee's books and records."
And,
By amending the title of the bill to read as follows:
H. B. 4107 - "A Bill to amend and reenact §47-20-11, §47-20-12a and §47-20-16 of the code of West Virginia, 1931, as amended; and to amend and reenact §47-21-12 and §47-21-16 of said code, all relating to charitable bingo and charitable raffles; allowing certain employees to operate bingo and raffle games; and allowing game proceeds to be transferred, by check, between raffle and bingo accounts to offset losses."
On motion of Delegate Staton, the House of Delegates refused to concur in the Senate amendments and asked the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4108, Authorizing sun screening devices that exceed statutory limits to be used in law-enforcement K-9 and other emergency vehicles that haul animals.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4273, Changing the authority to appoint guardians of minors from the county commission to the family court.
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:
Com. Sub. for H. B. 4377, Assessing a penalty on those physicians who fail to pay the special assessment.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §30-3-12 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §33-20F-7 of said code be amended and reenacted, all to read as follows:


CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-12. Biennial renewal of license to practice medicine and surgery or podiatry; continuing education; rules; fee; inactive license.


(a) A license to practice medicine and surgery or podiatry in this state is valid for a term of two years and shall be renewed upon a receipt of a reasonable fee, as set by the board, submission of an application on forms provided by the board and, beginning with the biennial renewal application forms completed by licensees and submitted to the board in one thousand nine hundred ninety-three, a certification in accordance with rules and regulations promulgated by the board in accordance with chapter twenty-nine-a of this code of participation in and successful completion of a minimum of fifty hours of continuing medical or podiatric education satisfactory to the board, as appropriate to the particular license, during the preceding two-year period. Continuing medical education satisfactory to the board is continuing medical education designated as Category I by the American medical association or the academy of family physicians and continuing podiatric education satisfactory to the board is continuing podiatric education approved by the council on podiatric education.

In addition, the Legislature hereby finds and declares that it is in the public interest to encourage alternate categories of continuing education satisfactory to the board for physicians and podiatrists. In order to provide adequate notice of the same to physicians and podiatrists, no later than the first day of June, one thousand nine hundred ninety-one, the board shall file rules under the provisions of section fifteen, article three, chapter twenty-nine-a of this code delineating any alternate categories of continuing medical or podiatric education which may be considered satisfactory to the board and any procedures for board approval of such continuing education.

Notwithstanding any provision of this chapter to the contrary, failure to timely submit to the board a certification in accordance with rules and regulations promulgated by the board in accordance with chapter twenty-nine-a of this code of successful completion of a minimum of fifty hours of continuing medical or podiatric education satisfactory to the board, as appropriate to the particular license, shall, beginning the first day of July, one thousand nine hundred ninety-three, result in the automatic suspension of any license to practice medicine and surgery or podiatry until such time as the certification in accordance with rules and regulations promulgated by the board in accordance with chapter twenty-nine-a of this code, with all supporting written documentation, is submitted to and approved by the board.

Any individual who accepts the privilege of practicing medicine and surgery or podiatry in this state is required to provide supporting written documentation of the continuing education represented as received within thirty days of receipt of a written request to do so by the board. If a licensee fails or refuses to provide supporting written documentation of the continuing education represented as received as required in this section, such failure or refusal to provide supporting written documentation is prima facie evidence of renewing a license to practice medicine and surgery or podiatry by fraudulent misrepresentation.

(b) The board may renew, on an inactive basis, the license of a physician or podiatrist who is currently licensed to practice medicine and surgery or podiatry, but is not actually practicing medicine and surgery or podiatry, in this state. A physician or podiatrist holding an inactive license shall not practice medicine and surgery or podiatry in this state. His or her inactive license may be converted by the board to an active one upon a written request to the board that accounts for his or her period of inactivity to the satisfaction of the board: Provided, That beginning on the first day of July, one thousand nine hundred ninety-three, such licensee submits written documentation of participation in and successful completion of a minimum of fifty hours of continuing medical or podiatric education satisfactory to the board, as appropriate to the particular license, during each preceding two-year period. An inactive license may be obtained upon receipt of a reasonable fee, as set by the board, and submission of an application on forms provided by the board on a biennial basis.

(c) When a physician or podiatrist allows a license to expire because the physician or podiatrist is permanently retiring from the practice of medicine, the board shall permit the physician or podiatrist to retain the original wall license he or she was issued by the board.
CHAPTER 33. INSURANCE.


ARTICLE 20F. PHYSICIANS' MUTUAL INSURANCE COMPANY.
§33-20F-7. Initial capital and surplus; special assessment; failure to pay assessment by a date certain; suspension of license; reinstatement.


(a) There is hereby created in the state treasury a special revenue account designated as the 'Board of Risk and Insurance Management Physicians' Mutual Insurance Company Account' solely for the purpose of receiving moneys transferred from the West Virginia tobacco medical trust fund pursuant to subsection (c), section two, article eleven-a, chapter four of this code for the company's use as initial capital and surplus.

(b) On the first day of July, two thousand three, a special one-time assessment, in the amount of one thousand dollars, shall be imposed on every physician licensed by the board of medicine or by the board of osteopathy for the privilege of practicing medicine in this state: Provided, That the following physicians shall be exempt from the assessment:

(1) A faculty physician who meets the criteria for full-time faculty under subsection (f), section one, article eight, chapter eighteen-b of this code who is a full-time employee of a school of medicine or osteopathic medicine in this state and who does not maintain a private practice;

(2) A resident physician who is a graduate of a medical school or college of osteopathic medicine enrolled and who is participating in an accredited full-time program of post-graduate medical education in this state;

(3) A physician who has presented suitable proof that he or she is on active duty in armed forces of the United States and who will not be reimbursed by the armed forces for the assessment;

(4) A physician who receives more than fifty percent of his or her practice income from providing services to federally qualified health center as that term is defined in 42 U. S. C. §1396d(l)(2); and

(5) A physician who practices solely under a special volunteer medical license authorized by section ten-a, article three, chapter thirty of this code or section twelve-b, article fourteen of said chapter. The assessment is to be imposed and collected by the board of medicine and the board of osteopathy on forms prescribed by each licensing board.

(6) A physician holding an inactive license until such time the physician is issued an active license.

(c) The entire proceeds of the special assessment collected pursuant to subsection (b) of this section shall be dedicated to the company. The board of medicine and the board of osteopathy shall promptly pay over to the company all amounts collected pursuant to this section to be used as policyholder surplus for the company.

(d) Any physician who applies to purchase insurance from the company and who has not paid the assessment pursuant to subsection (b) of this section shall pay one thousand dollars to the company as a condition of obtaining insurance from the company.

(e) Within twenty days of the enactment of this section, the board of medicine or the board of osteopathy shall give written notice, by certified mail to the last known address given to the boards, to physicians of the requirement that the assessment shall be paid by the thirtieth day of June, two thousand four. Prior to that date any physician may file with his or her respective board a request for an exemption pursuant to this section or pay the assessment. The board of medicine or the board of osteopathy shall, if the physician is not otherwise exempt, suspend the license of any physician who has failed to pay the assessment required under this section within the time stated in this section. Upon payment of the required assessment by the physician to the appropriate board, the physician's license shall be reinstated.

(f) The board of risk and insurance management physicians' mutual insurance company account shall continue to exist until the first day of July, two thousand six, unless sooner terminated, continued or reestablished pursuant to the provisions of article ten, chapter four of this code.
"

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4377 - "A Bill to amend and reenact §30-3-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-20F-7 of said code, all relating to permitting a physician who allows his or her medical license to expire upon retirement to retain the original wall license issued by the board of medicine; exempting a physician holding an inactive license from payment of the assessment required for the physicians' mutual insurance company; board of medicine and board of osteopathy to notify physicians of payment of assessment; time for payment; physician may file for exemption; failure to pay assessment by the thirtieth day of June, two thousand four; suspension of license; reinstatement of license upon payment to the appropriate licensing board; and sunset provision."

On motion of Delegate Staton, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Delegate Frich requested that the Journal record her as voting "Nay" on the motion to refuse to concur in the Senate amendments to Com. Sub. for H. B. 4377.

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. 7, Naming Saturday, April 24, 2004, and on the last Saturday of April of each succeeding year thereafter, "Local Firefighter Day," in honor, recognition and appreciation of all local firefighters of West Virginia and their families.

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. 11, Requesting a study on the causes of the devastating flooding in southern West Virginia.

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. 39, Requesting a study of the economic feasibility and beneficial effect of establishing a state-wide thoroughbred racing breeders program at the state's two horse racing facilities.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 3 - "Requesting the Joint Committee on Government and Finance study the need for creating a forensic science task force."

Whereas, The state has a shortage of specialists in certain forensic science fields; and

Whereas, The lack of forensic science specialists affects the state's ability to address emergency situations; and

Whereas, An improvement in the state's forensic science capabilities would enhance the ability of law enforcement to solve crimes and prosecute criminals; and

Whereas, There is a need to coordinate efforts to enhance laboratory accreditation, training of specialists and sharing of equipment among forensic organizations in the state; and

Whereas, Future federal funding for crime laboratories may require the establishment of a statewide plan for organizing forensic science capabilities; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the need for creating a forensic science task force; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 9 - "Requesting the Joint Committee on Government and Finance appoint an interim committee to study the feasibility of converting the Teachers Defined Contribution Retirement System to a defined benefit retirement system."

Whereas, There is continuing interest among members of the Teachers Defined Contribution Retirement System in converting the system to a defined benefit retirement system; and

Whereas, The financial ramifications of converting the Teachers Defined Contribution Retirement System to a defined benefit retirement system, including potential creation of additional unfunded liability of the state, bear further study to determine feasibility; and

Whereas, Other costs and benefits of converting the Teachers Defined Contribution Retirement System also warrant further study; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the feasibility of converting the Teachers Defined Contribution Retirement System to a defined benefit retirement system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 16 - "Requesting the Joint Committee on Government and Finance conduct an interim study of the West Virginia Commission on Governing in the 21st Century."

Whereas, On January 14, 2004, the Governor created the West Virginia Commission on Governing in the 21st Century; and

Whereas, In creating the Commission, the Governor charged the members with studying issues pertaining to effective and efficient governing at all levels of government, including reorganizing, restructuring or creating new levels of county or local governments in order to increase economic development, provide jobs and attract and retain business and industry; and

Whereas, The interim study shall in no way deter, influence or interfere with the work of the West Virginia Commission on Governing in the 21st Century, but accept and examine the findings, conclusions and recommendations of the Commission to be presented to the Governor and the Legislature in November, 2004. The interim study will enable the Legislature to prepare drafts of any legislation necessary to effectuate the recommendations of the Commission or the Joint Committee on Government and Finance in preparation for the Regular Session of the Legislature in 2005; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to conduct an interim study of the West Virginia Commission on Governing in the 21st Century; and, be it

Further Resolved, That the purpose of the interim committee study is to accept and examine the Commission's report and to prepare drafts of any legislation necessary to effectuate the recommendations of the West Virginia Commission on Governing in the 21st Century or the Joint Committee on Government and Finance in preparation for the Regular Session of the Legislature in 2005; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 19 - "Requesting the Joint Committee on Government and Finance study the condition of the Mental Health Plan in West Virginia in regard to the organization and availability of services offered and the types of services needed."

Whereas, The Mental Health Plan, the State Health Plan, the (Behavioral) Health Criteria for Performance Excellence and Healthy People 2010, as well as other goal-setting recommendation plans, contain some discussion on the topic of mental health, the degree of which depends on the particular document; and

Whereas, The Mental Health Plan is under the review of the Bureau for Behavioral Health and Health Facilities, which process is monitored by the Legislative Oversight Commission on Health and Human Resources Accountability; and

Whereas, According to the Department of Health and Human Resources, over 400 juveniles are in out-of-state care facilities at any given time, for a total cost of more than $22 million per year in out-of-state expenditures, due to a lack of adequate care systems within the state; and

Whereas, In over 100 of the aforementioned instances, parents must sign custody of their children over to the state in order for the child to qualify for funding to cover the cost of treatment; and

Whereas, The appropriate treatment of juveniles with serious emotional disturbances and their families requires a collaborative state effort from multiple agencies, including, but not limited to: The Department of Health and Human Resources, the Bureau for Behavioral Health and Health Facilities, the Bureau for Children and Families, the Department of Education and the Division of Juvenile Services; and

Whereas, Community-based mental health care creates an environment of stability for those afflicted with mental health problems who receive family-based treatment in their communities of residence; and

Whereas, Federal Comprehensive Community Mental Health Services grants are available to develop comprehensive, community-based systems of care for youth with serious emotional disturbances and their families, but may only be applied to in-state treatment; and

Whereas, The Legislature should explore the possibilities of developing a comprehensive multiagency mental health plan in the State of West Virginia, identify the core services needed in West Virginia communities to provide adequate care to its residents and address the development of community-based treatment options and financial assistance opportunities available to avoid out- of-state placements; and

Whereas, The Legislature has studied this topic during the 2003-2004 interim session and has recommended that this subject receive further study during the 2004-2005 interim session; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the condition of the Mental Health Plan in West Virginia in regard to the organization and availability of services offered and the types of services needed; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 39 - "Requesting the Joint Committee on Government and Finance study the state's water quality standards."

Whereas, Water is a vital economic resource of equal or greater importance than any other mineral or natural resource; and

Whereas, The state has a compelling interest in assuring that the quality of its water resources is maintained in a manner that both protects the state's natural resources and assures an adequate supply of safe, usable water for domestic, agricultural, commercial and industrial purposes; and

Whereas, Water resources must be protected to meet the water needs of the people while maintaining and improving the state's natural systems; and

Whereas, The policy of the state is to maintain reasonable standards of purity and quality of water in this state consistent with: (1) Public health and public enjoyment of the water resource; (2) propagation and protection of animal, bird, fish, aquatic and plant life; and (3) expansion of employment opportunities, maintenance and expansion of agriculture and provision of a permanent foundation for health and industrial development; and

Whereas, The management and protection of our substantial water resources are carried out under federally delegated authority through the Federal Water Pollution Control Act and the National Pollutant Discharge Elimination System which require the state to establish and implement water quality standards consistent with the federal requirements; and

Whereas, The Environmental Quality Board is charged with the responsibility of developing the water quality standards for the state; and

Whereas, The water quality standards are complex and scientific in nature and generate much debate and controversy whenever amended or brought before the Legislature; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance study the state's water quality standards; and, be it
Further Resolved, That the Joint Committee on Government and Finance establish a Joint Committee on Water Quality Standards that will undertake a comprehensive review of the state's water quality standards, including, but not limited to:
1. Proposals to change the water quality standards as they relate to specific parameters or constituents for which water must be tested under a National Pollutant Discharge Elimination System permit;
2. Determination of which waters are trout streams for purposes of inclusion or removal from a list of trout streams contained in the water quality standards; and
3. The impact of the recent federal court cases on the development, amendment and passage by the Legislature of the state's water quality standards through the legislative rulemaking process; and, be it
Further Resolved,
That the Joint Committee on Water Quality Standards be dedicated to comprehensively addressing West Virginia water quality. The Committee shall consist of five members each from the House of Delegates and the Senate, including the chairs of the Judiciary, Finance and Natural Resources committees, to be appointed by the Speaker of the House of Delegates and the President of the Senate, with the cochairs appointed from the appointees who do not chair the standing committees; and, be it
Further Resolved, That the Joint Committee on Water Quality Standards shall have the following advisory members for the purposes of providing technical information: A chemist or chemical engineer, a biologist, a geologist, a hydrologist and a botanist. The advisory members shall be selected from relevant governmental agencies, including, but not limited to, the Department of Environmental Protection, the Division of Natural Resources and the Department of Agriculture, together with representatives of industry and the environmental community meeting the qualifications set forth above. The advisory appointments shall be made by the President of the Senate and the Speaker of the House of Delegates; and, be it
Further Resolved, That the Joint Committee on Water Quality Standards report to the Joint Committee on Government and Finance on or before the thirty-first day of January, 2006, on the Committee's findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 43 - "Requesting the Joint Committee on Government and Finance conduct a feasibility study of repealing the current corporate license tax and replacing it with a fee to be administered by the Secretary of State."
Whereas, The current corporate license tax is archaic, confusing to businesses and difficult to administer; and
Whereas, Streamlining and updating the process to more accurately reflect the true purpose of the reporting requirement would be less burdensome to businesses and more efficient; and
Whereas, An annual reporting requirement with an annual fee could be administered by the Secretary of State to replace the fiscal impact of the tax being repealed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a feasibility study of repealing the current corporate license tax and replacing it with a fee to be administered by the Secretary of State; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 48 - "Requesting the Joint Committee on Government and Finance study the training and educational needs related to Alzheimer's disease and related dementias in medical adult day care centers, nursing homes, assisted living residences and residential care communities."
Whereas, Today more than 50 percent of all residents in long-term care facilities suffer from Alzheimer's disease or related dementias; and
Whereas, 400,000 West Virginia residents will begin reaching the age of greatest risk for Alzheimer's disease and related dementias in 2011; and
Whereas, Studies find annual rates of turnover among long-term care staff range from 45 to 100 percent and job vacancy rates of 11 to 20 percent, with providers spending from $1,400 to $4,300 for each worker replaced; and
Whereas, The quality of care for residents suffers as they lose the continuity of care from familiar workers who know them and have come to understand their needs, a loss that is particularly acute for persons with Alzheimer's disease or related dementias; and
Whereas, When current certified nursing assistant training requirements were adopted by the Legislature in the late 1980s, they were appropriate for the physically frail population in long-term care facilities; yet now, the long-term care population is much more cognitively impaired; and
Whereas, Other states have dementia-specific training components that include a basic understanding of Alzheimer's disease and related dementias, communication approaches and techniques, and prevention or management of challenging behaviors in persons with Alzheimer's disease and related dementias; and
Whereas, A study of these educational and training needs would address one component of the broader long-term care workforce issue by providing the workforce with skills and knowledge that better suit the challenges of working with patients suffering from Alzheimer's disease and related dementias; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the training and educational needs related to Alzheimer's disease and related dementias in medical adult day care centers, nursing homes, assisted living residences and residential care communities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 49 - "Urging President George W. Bush and the United States Congress stop the outsourcing of American jobs."
Whereas, The Chairman of the President's Council of Economic Advisors recently described the outsourcing of American jobs overseas "as a good thing" and said, "Outsourcing is just a new way of doing international trade."; and
Whereas, Two million nine hundred thousand private sector jobs have been lost since January, 2001, including 2,800,000 manufacturing jobs; and
Whereas, The President's economic policies have either failed to address or exacerbated the loss of manufacturing jobs that our country has experienced over the last three years; and
Whereas, Job creation is essential to the economic stability of the United States and the Administration should pursue policies that serve as an engine for economic growth, higher wage jobs and increased productivity; and
Whereas, American families are facing an economy with the fewest jobs created since the Great Depression; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges President George W. Bush and the United States Congress stop the outsourcing of American jobs; and, be it
Further Resolved, That the Legislature hereby urges President George W. Bush and the United States Congress oppose any efforts to encourage the outsourcing of American jobs overseas; and, be it
Further Resolved, That the Legislature hereby urges the United States Congress adopt legislation providing for a manufacturing tax incentive to encourage job creation in the United States and oppose efforts to make it cheaper to send jobs overseas; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to President George W. Bush, the United States Senate and the United States House of Representatives.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 55 - "Requesting the Joint Committee on Government and Finance study state fire code rules as they apply to bed and breakfasts."
Whereas, Bed and breakfasts are an integral part of the state's small business and tourism industries which provide specialized lodging in many parts of the state at tourism attractions, including state and national parks, hiking and biking trails, whitewater rafting, skiing and historic sites; and
Whereas, Bed and breakfasts are typically historic or unique homes with a limited number of rooms rented to a few guests and are not designed or financially able to meet stringent fire code rules designed for larger lodging or rooming houses, although these rules apply to bed and breakfasts; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study state fire code rules as they apply to bed and breakfasts; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to examine ways to preserve the unique and historic character of bed and breakfasts while maintaining fire safety and contain the cost of conversion of homes to bed and breakfasts to meet state fire code requirements; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 57 - "Requesting the Joint Committee on Government and Finance study the need for adult day care, congregate respite and in-home respite services for people with Alzheimer's disease or a related dementia."
Whereas, For the purposes of this resolution, "adult day care" means a supervised, protective, congregate setting which provides personal care for dependent adults. "Congregate respite" means temporary, substitute support or living arrangements delivered in an adult day care or institutional setting to provide a brief period of relief or rest for caregivers. "In-home respite" means temporary, substitute support or living arrangements delivered in the home to provide a brief period of relief or rest for caregivers; and
Whereas, Alzheimer's disease is the fourth leading cause of death among American adults. The number one risk factor for Alzheimer's disease is age. One in 10 persons over age 65, and nearly half of those over age 85, have Alzheimer's disease and, increasingly, it is found in people in their forties and fifties. It is the third most expensive disease to treat in the United States, after heart disease and cancer; and
Whereas, West Virginia has the highest average age and highest percentage of Medicare recipients in the nation. The state's total population is expected to remain constant indefinitely, with its elderly population projected to grow by 60 percent during the next 25 years due to low in-migration and the tendency for older residents to remain in the state; and
Whereas, Currently 42,000 West Virginians have Alzheimer's disease and the first of 400,000 West Virginians will begin to turn 65 by 2011; and
Whereas, More than seven out of 10 people with Alzheimer's disease live at home. Family and friends provide almost 75 percent of home care with the remainder being paid care, which averages $12,500 per year and which cost families pay almost entirely out-of-pocket; and
Whereas, Lack of specialized services in West Virginia is a problem. Where Alzheimer's disease-specific services are available, they are often offered in private pay settings which many families cannot afford; and
Whereas, Adult day care services provide the person suffering from Alzheimer's disease opportunities to interact with others, usually in a community center or facility; and
Whereas, Appalachian tradition encourages keeping loved ones at home. Alzheimer's disease caregivers are often referred to as the hidden, or second, victims of Alzheimer's disease. Elderly people caring for their spouses are 63 percent more likely to die before their counterparts who are not caregivers. The family caregiver of the person with Alzheimer's disease is statistically more likely to suffer significant health complications as a result of ongoing long-term caregiver stress without necessary respite; and
Whereas, Respite care services are the most frequently requested service for family caregivers of persons with Alzheimer's disease. However, the ability to access respite care services in rural areas of West Virginia remains limited; and
Whereas, Respite care provides caregivers temporary relief from tasks associated with caregiving, and persons with Alzheimer's disease benefit from opportunities to socialize with others and live in the community longer; and
Whereas, Respite care services are mainly offered through community organizations or residential facilities; and
Whereas, The most common respite care services are in-home respite programs that offer a range of options, including companion services, personal care household assistance and skilled care services to meet specific needs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need for adult day care, congregate respite and in-home respite services for people with Alzheimer's disease or a related dementia; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the most efficient, cost-effective method of providing adult day care, congregate respite and in-home respite services to those with Alzheimer's disease or a related dementia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 61 - "Requesting the Joint Committee on Government and Finance appoint an interim committee to study the structure, mission and services of local health departments."

Whereas, Local health departments are responsible for directing, supervising and carrying out matters relating to public health in counties and municipalities; and

Whereas, The role of local health departments has never been more important in meeting the public health needs of West Virginia?s citizens, including acting as one of the frontline organizations in the communities they serve in the defense against threats from outside the country to the water and food supplies and the intentional introduction of biological and chemical hazards; and
Whereas, It is essential that local health departments are structured to meet these needs, that their mission is clear and that the services they provide are sufficient to meet these challenges and responsibilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the structure, mission and services of local health departments; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 62 - "Requesting the Joint Committee on Government and Finance appoint an interim committee to study the silent epidemic of youth suicide in this state."
Whereas, Suicide is the third leading cause of death for youth between the ages of 15 and 24 and the second leading cause of death for college-age youth; and
Whereas, Each day across this country, there is an average of 2,700 suicide attempts by young people between the ages of 12 and 17. Each week approximately 100 hundred young people commit suicide; and
Whereas, In a survey conducted in West Virginia in 2000, one out of every five students in grades six through 12 responded that they had seriously considered attempting suicide in the past twelve months, almost one out of three students reported that they had battled the start of depression in the past twelve months, almost one out of every six students had made a plan to commit suicide in the past twelve months and one out of every fourteen students had attempted suicide in the past twelve months; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the silent epidemic of youth suicide in this state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 63 - "Requesting the Joint Committee on Government and Finance study the use of credit scoring in the insurance underwriting and rate-making process."
Whereas, There is significant public sentiment against the perceived unfair prejudice against certain classes of individuals resulting from the use of credit scoring in the setting of rates for insurance products; and
Whereas, There exists significant evidence that use of credit scoring is a reliable method of predicting losses and, thereby, is also an efficient and effective means for properly fixing rates; and
Whereas, The insurance underwriting and rate-making process should be permitted to operate in an efficient and effective manner while insurance consumers are protected from unfair prejudice in the setting of insurance rates; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the use of credit scoring in the insurance and rate-making process; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 65 - "Requesting the Joint Committee on Government and Finance study the availability and affordability of commercial property and casualty insurance."
Whereas, The affordability and availability of commercial property and casualty insurance is a concern for businesses and citizens in West Virginia; and
Whereas, Access to affordable insurance is crucial to the economic viability of West Virginia's economy; and
Whereas, Businesses in the state have been experiencing difficulty in obtaining and maintaining insurance coverage; and
Whereas, If present trends continue in West Virginia, there may be a commercial property and casualty insurance crisis; and
Whereas, A study of the impact of economic forces and regulation upon these lines of insurance is important to maintain a stable insurance market in West Virginia and ensure the continued availability of these lines of coverage; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the availability and affordability of commercial property and casualty insurance; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 66 - "Requesting the Joint Committee on Government and Finance study the availability and affordability of homeowners' insurance."
Whereas, The state's citizens need available and affordable homeowners' insurance; and
Whereas, In this state and across the nation, property and casualty insurance has become increasingly more expensive and difficult to obtain; and
Whereas, Insurers are increasing premiums, declining to write new policies and declining to renew existing policies; and
Whereas, The availability and affordability of homeowners' insurance are essential to the functioning of a healthy real estate market and the ability of the state's citizens to purchase and protect their homes and possessions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the availability and affordability of homeowners' insurance; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 68 - "Requesting the Joint Committee on Government and Finance study the grievance boards and administrative law judge systems of the various agencies and boards of state government and determine whether they should be reformed, streamlined or consolidated."
Whereas, There are a number of employees, public officers or contractors functioning as hearing officers, referees, trial examiners and administrative law judges, or functioning in other positions in state government, to whom the authority to conduct an administrative adjudication has been delegated by an agency or by statute and who exercise independent and impartial judgment in conducting hearings and in issuing recommended decisions or reports containing findings of fact and conclusions of law in accordance with applicable statutes or rules; and
Whereas, Individual agencies may have different standards, criteria and procedures for resolving grievances and appeals; and
Whereas, With the decline in revenues, the state needs to develop governmental systems and procedures that are economical, efficient and streamlined; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the grievance boards and administrative law judge systems of the various agencies and boards of state government and determine whether they should be reformed, streamlined or consolidated; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
At 5:46 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, March 9, 2004.