__________*__________
Monday, February 27, 2006
The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 24, 2006, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 56, Requesting the Division of Highways to name the bridge at the intersection of
U.S. 119 and Route 36 in Spencer, the "Veterans' Memorial Bridge",
H. C. R. 63, Requesting the Division of Highways to name the bridge located on County
Road 8 near Petersburg, Grant County, the "Devin Lee Alt Memorial Bridge"
And,
H. R. 24, Designating February 27, 2006, as "Corrections Day",
And reports the same back with the recommendation that they each be adopted.
At the respective requests of Delegate Staton, and by unanimous consent, H. R. 24 was taken up for immediate consideration and adopted.
Chairman Beane, from the Committee on Government:
Your Committee on Government Organization has had under consideration:
H. B. 4496, Relating to qualifications of the Commission of Agriculture:
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 4496 - "A Bill to amend and reenact §19-1-2 of the Code of West
Virginia, 1931, as amended relating to qualifications of the Commissioner of Agriculture,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 4496) was taken up for immediate consideration, read a first time and then ordered to
second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4473, Establishing the "Money Follows the Person Act",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4473 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §9-4E-1, §9-4E-2, §9-4E-3, §9-4E-4, §9-4E-5 and
§9-4E-6, all relating to funding for community-based services and supports for individuals with
disabilities; establishing the 'Money Follows the Person Act'; providing definitions for certain terms;
requiring the Department of Health and Human Resources to modify certain policies to improve
community-based long-term services; providing for individual support services; legislative oversight;
and requiring legislative rules,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for H. B. 4473) to the Committee on Finance was abrogated, and it was taken up for
immediate consideration, read a first time and ordered to second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4490, Relating generally to the regulation of selling new or used vehicles,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4490 - "A Bill to amend and reenact §17A-6-6 and §17A-6-18 of the
Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article,
designated §17A-6E-1, §17A-6E-2, §17A-6E-3, §17A-6E-4, §17A-6E-5, §17A-6E-6, §17A-6E-7,
§17A-6E-8, §17A-6E-9, §17A-6E-10, §17A-6E-11, §17A-6E-12, §17A-6E-13 and §17A-6E-14, all
relating generally to the regulation of selling new or used vehicles; providing for the comprehensive
regulation and licensing of salespersons and finance and insurance representatives; setting forth
specific licensure requirements; providing for revocation, suspension and refusal to renew licenses;
authorizing fees; requiring dealers to notify the division upon the hiring and termination of
salespersons; requiring display of list of licensees; authorizing the commissioner to propose
legislative rules; prohibiting the employment by dealers of unlicensed salespersons; authorizing the
commissioner to conduct investigations and petition for injunctions under certain circumstances;
providing for investigations of violations; providing for appeals of decisions to suspend, revoke or
deny licenses; and establishing special revenue fund,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for H. B. 4490) to the Committee on Finance was abrogated, and it was taken up for
immediate consideration, read a first time and ordered to second reading.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4626, Including private schools, parochial schools, church schools, and other schools
operated by a religious order in state student teaching programs,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4626 - "A Bill to amend and reenact §18A-3-1 of the Code of West
Virginia, 1931, as amended, relating to educator preparation programs generally; and providing for
an alternate student teaching experience in a nonpublic school setting in lieu of the student teaching
experience required in a public school setting,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 4626) was taken up for immediate consideration, read a first time, ordered to second
reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent
Calendar.
Chairman Bean, from the Committee on Government Organization, submitted the following
report, which was received:
H. B. 4245, Requiring employers to provide health insurance to employees working on public
employment improvement projects,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4245) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4724, Amending certain provisions involving the West Virginia Board of Dental
Examiners,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4724 - "A Bill to amend and reenact §30-4-4 of the Code of West
Virginia, 1931, as amended, relating to amending certain provisions of the code involving the West
Virginia Board of Dental Examiners; changing the term of appointment from five years to four years
for the West Virginia Board of Dental Examiners; changing the composition of the West Virginia
Board of Dental Examiners; and, removing the provision that a person connected with a dental
college, school or dental department of a university is not eligible for appointment to the West
Virginia Board of Dental Examines,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 4724) to the Committee on Finance was abrogated, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion for leave, a bill was introduced (Originating in the Committee on Agriculture and
Natural Resources and reported with the recommendation that it do pass), which was read by its title,
as follows:
By Delegates Beach, Tabb, Argento, Martin, Stemple, Swartzmiller, Martin,
Thompson, Wells, Williams and Hamilton:
H. B. 4728 - "Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as
amended, relating to the environmental protection advisory council generally; increasing the
membership of the council to eight members, specifying represented organizations and entities; and
making certain procedural changes in board activities."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4728) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4023, Raising the minimum wage in accordance with legislation now pending before
Congress,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4023 - "A Bill to amend and reenact §21-5C-2 of the Code of West
Virginia, 1931, as amended, relating to increasing the state minimum and training wage; and linking
the state minimum and training wage to the federal minimum and training wage,"
And,
H. B. 4415, Adding "craft beer" to the state definition of "nonintoxicating beer",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4415 - "A Bill to amend and reenact §60-1-5 of the Code of West
Virginia, 1931, as amended; to amend and reenact §60-3A-17 of said code; and to amend and reenact
§60-7-3 and §60-7-11 of said code, all relating to the distribution and sale of 'craft beer'; defining
craft beer; clarifying the statutory obligation of the Alcohol Beverage Control Commissioner to
obtain, on request, any craft beer requested by a retail liquor licensee; clarifying the Commissioner's
ability to approve the storage of craft beer by a retail licensee at a site other than the retail outlet or
outlets, on request; and clarifying the ability of a private club with an existing license to sell craft
beer to its patrons,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for H. B. 4023 and Com. Sub. for H. B. 4415) were taken up for immediate consideration, read
a first time and then ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4498, Relating to fees for licensing of money service businesses,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4498 - "A Bill to amend and reenact §32A-2-5 of the Code of West
Virginia, 1931, as amended, relating to fees for licensing of money service businesses, "
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 4498) was taken up for immediate consideration, read a first time and then ordered to
second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3295, Increasing certain fees charged to collect delinquent taxes,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 3295) to the Committee on Finance was abrogated, and it was taken up for immediate
consideration, read a first time, ordered to second reading and then, in accordance with the
provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4384, Requiring county clerks to notify property owners of the existence of a lien filed
against their property,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4384 - "A Bill to amend and reenact §38-3-4 and §38-3-5 of the Code
of West Virginia, 1931, as amended, all relating to requiring county clerks to notify property owners
of the existence of a lien filed against their property,"
And,
H. B. 4492, Relating to absentee voting by facsimile,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4492 - "A Bill to amend and reenact §3-3-5 of the Code of West
Virginia, 1931, as amended, relating to absentee voting by facsimile by absent uniformed services
and overseas voters; and authorizing the Secretary of State to promulgate legislative rules and
emergency rules,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for H. B. 4384 and Com. Sub. for H. B. 4492) were taken up for immediate consideration, read
a first time, ordered to second reading and then, in accordance with the provisions of House Rule
70a, were ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4360, Authorizing law-enforcement officials to deputize law-enforcement personnel
employed by out-of-state jurisdictions
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4360) was taken up for immediate consideration, read a first time, ordered to second reading and
then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B.'s 4167, 4192, 4193, 4194 and 4195, Authorizing the Department of Military Affairs
and Public Safety to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4192 - "A Bill to amend and reenact article 6, chapter 64 of the code
of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as amended by the legislature;
authorizing the State Fire Commission to promulgate a legislative rule relating to the State Fire
Code; authorizing the State Fire Commission to promulgate a legislative rule relating to the State
Building Code; authorizing the State Fire Commission to promulgate a legislative rule relating to
the certification of home inspectors; authorizing the State Fire Commission to promulgate a
legislative rule relating to standards for the certification and continuing education of municipal,
county and other public sector building code officials, building code inspectors and plans examiners;
and authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Grievance Procedure,"
And,
H. B.'s 4160, 4161, 4162, 4196, 4210, 4211, 4213, 4216, 4217, 4218, 4219, 4233, 4236 and
4238, Authorizing the Department of Commerce to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4210 - "A Bill to amend and reenact article 10, chapter 64 of the Code
of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as amended by the legislature;
authorizing the Division of Forestry to promulgate a legislative rule relating to ginseng; authorizing
the Office of Miners Health, Safety and Training to promulgate a legislative rule relating to safety
provisions for clearing crews; authorizing the Division of Natural Resources to promulgate a
legislative rule relating to commercial whitewater outfitters; authorizing the Division of Natural
Resources to promulgate a legislative rule relating to boating; authorizing the Division of Natural
Resources to promulgate a legislative rule relating to the rules governing the public use of West
Virginia State Parks, State Forests and State Wildlife Management Areas under the Division;
authorizing the Division of Natural Resources to promulgate a legislative rule relating to terms
defining the terms to be used concerning all hunting and trapping rules; authorizing the Division of
Natural Resources to promulgate a legislative rule relating to wild boar hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special waterfowl hunting;
authorizing the Division of Natural Resources to promulgate a legislative rule relating to falconry;
authorizing the Division of Natural Resources to promulgate a legislative rule relating to lifetime
hunting, trapping and fishing licenses; authorizing the Division of Natural Resources to promulgate
a legislative rule relating to miscellaneous permits and licenses; authorizing the Division of Labor
to promulgate a legislative rule relating to the West Virginia Manufactured Housing Construction
and Safety Standards Board; authorizing the Division of Labor to promulgate a legislative rule
relating to nurse overtime complaints; and authorizing the Division of Tourism to promulgate a
legislative rule relating to the Direct Advertising Grants Program,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for H. B. 4192 and Com. Sub. for H. B. 4210) were each taken up for immediate consideration,
read a first time and then ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B.'s 4135, 4136, 4137, 4138, 4139, 4140, 4141, 4142, 4143, 4144, 4145, 4146, 4147,
4148, 4149, 4150, 4186 and 4187, Authorizing the Department of Environmental Protection to
promulgate legislative rules,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4135 - "A Bill to amend and reenact article 3, chapter 64 of the Code
of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as amended by the legislature;
directing studies and reports to the Legislature and further rulemaking in certain circumstances;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
the Nox Budget Trading Program as a means of the control and reduction of nitrogen oxides from
non-electric generating units as a means to mitigate the transport of ozone precursors
;
authorizing
the Department of Environmental Protection to promulgate a legislative rule relating to emission
standards for hazardous air pollutants pursuant to 40 CFR Part 61; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to standards of performance for
new stationary sources Pursuant to 40 CFR Part 60; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to acid rain provisions and permits
;
authorizing
the Department of Environmental Protection to promulgate a legislative rule relating to emission
standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63; authorizing
the Department of Environmental Protection to promulgate a legislative rule relating to the Mercury
Budget Trading Program to reduce mercury emissions; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the control of annual nitrogen oxide emissions
to mitigate interstate transport of fine particulate matter and nitrogen oxides; authorizing the
Department of Environmental Protection to promulgate a legislative rule relating to the control of
ozone season nitrogen oxide emissions to mitigate interstate transport of ozone and nitrogen oxides;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
the control of annual sulfur dioxide emissions to mitigate interstate transport of fine particulate
matter and sulfur dioxides; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to coalbed methane wells;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
the Oil and Gas Conservation Commission; authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to solid waste management; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to hazardous waste management;
relating to authorizing the Department of Environmental Protection to promulgate a legislative rule
relating to the requirements governing water quality standards; relating to authorizing the
Department of Environmental Protection to promulgate a legislative rule relating to the Community
Infrastructure Investment Program; authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the prevention and control of air pollution from hazardous
waste treatment, storage or disposal facilities; and authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the Environmental Excellence Program,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 4135) was taken up for immediate consideration, read a first time, ordered to second
reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent
Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4588, Creating a crime for concealing a human body of a victim of a murder, voluntary
manslaughter or involuntary manslaughter and prescribing penalties therefor,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 4588 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-5a, relating to creating a crime for concealing a
human body of a victim of a murder, voluntary manslaughter or involuntary manslaughter and
prescribing penalties therefor; and providing a misdemeanor offense for failure to report personal
knowledge involving the concealment of a human body of a victim of murder, voluntary
manslaughter or involuntary manslaughter and prescribing penalties therefor,"
And,
H. B. 4712, Definitions and penalties for stalking,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 4712 - "A Bill to amend and reenact §61-2-9a of the Code of West
Virginia, 1931, as amended, relating to the crime of stalking; and modifying definitions and
penalties,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for H. B. 4588 and Com. Sub. for 4712) were taken up for immediate consideration, read a first
time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were
each ordered to 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:
H. B. 2016, Increasing the maximum number of magistrate court deputy clerks that may be
appointed from sixty-two to seventy-two,
H. B. 2153, Providing certain correctional officers be transferred into the civil service system
as covered employees,
H. B. 2853, Relating to the West Virginia Courtesy Patrol Program,
H. B. 3309, Exempting Mental-Health Retardation Centers from payment of the privilege tax and providing that Mental-Health Retardation Centers are covered by the Board of Risk and
Insurance Management without the requirement to pay a premium,
H. B. 4039, Protection of the citizenry from sex offenders,
H. B. 4401, Changing the way that the cost of incarcerating inmates in regional jails is
collected,
H. B. 4474, Increasing the earned income exclusion from ten thousand dollars to twenty-two
thousand dollars,
H. B. 4558, Requiring certain tax preparers to file certain personal income tax returns of their
clients electronically,
H. B. 4584, Amending the Motor Fuel Excise Tax so as to include other responsible
individuals in the definition of "person",
H. B. 4599, Requiring a low-income person filing for the refundable Senior Citizens Tax
Credit to file a claim within three years,
H. B. 4619, Requiring employers to submit a copy of an employee's withholding statement
with an annual reconciliation of income tax withheld; and, requiring electronic filing for certain
employers,
H. B. 4639, Providing a tax credit for company land donated to the state,
H. B. 4685, Arthritis Prevention Education Act,
H. B. 4714, Delineating certain professional and personal services that are exempt from
consumers sales tax,
H. B. 4752, Allowing the purchase of service credit in the State Teachers Retirement System
for temporary employment under the Comprehensive Employment and Training Act (CETA),
H. B. 4767, Requiring the Attorney General to comply with certain requirements when
entering into contracts for legal services,
H. B. 4844, Service credit for certain temporary legislative employees,
And reports the same back without recommendation but with the recommendation that they be recommitted to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B.
2016, H. B. 2153, H. B. 2853, H. B. 3309, H. B. 4401, H. B. 4474, H. B. 4558, H. B. 4584, H. B.
4599, H. B. 4619, H. B. 4639, H. B. 4685, H. B. 4714, H. B. 4752, H. B. 4767 and H. B. 4844 ) were
taken up for immediate consideration, each read a first time and ordered to second reading, and then
recommitted to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4598, Eliminating the requirement for combined oil and gas returns for purposes of
property taxes, and to further define the information that may be released,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4598) 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:
H. B. 4119, Creating the ATV Responsibility ACT,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4119 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §20-15-1, §20-15-2, §20-15-3, §20-15-4, §20-15-5, §20-
15-6, §20-15-7 and §20-15-8, all relating to creating the ATV responsibility act; providing for
findings, definitions and scope; providing the duties of authorized outfitters and licensees; providing
the duties and the responsibilities of participants; providing indemnification and liabilities of authorized outfitters, licensees and participants; and requiring authorized outfitters; and licensees
to carry insurance,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for H. B. 4119) to the Committee on the Judiciary was abrogated, and it was taken
up for immediate consideration, read a first time and ordered to second reading.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, and found truly enrolled, and on the
17th day of February, 2006, presented to His Excellency, the Governor, for his action, the following
bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 539), Relating to qualifications for Miners' Health, Safety and Training director.
Chairman Browning, 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 22nd
day of February, 2006, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 505), Extending time for Fairmont city council to meet as levying body.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4249, Authorizing state banking institutions to issue more than one class of stock,
H. B. 4721, Relating to the authorization of special messengers appointed by the County
Clerk to deliver the ballot box to the central county center,
And,
H. B. 4792, Authorizing the purchase of certain services from a bank or trust company or an
affiliate of the bank or trust company,
And reports the same back with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 424,
H. B. 4721 and H. B. 4792) were each taken up for immediate consideration, read a first time and
then ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4121, Enhancing the penalty for indecent exposure where the victim is a child under
the age of fourteen,
H. B. 4556, Relating to the enforcement of accessible parking spaces for motorists with
mobility impairments,
H. B. 4577, Allowing facsimile signatures while eliminating the requirement for notarization
of notices of tax liens and releases of tax liens when facsimile signatures are used,
H. B. 4606, Removing the requirement that complaints against licensees under the Real
Estate Licensing Act be verified,
H. B. 4678, Exempting land-based finfish aquaculture facilities from certain sludge
management requirements,
And,
H. B. 4783, Allowing municipal courts the option to participate in county teen court program,
with the approval of the municipality,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4121, H. B. 4556, H. B. 4577, H. B. 4606, H. B. 4678 and H. B. 4783) were each taken up for
immediate consideration, read a first time, ordered to second reading and then, in accordance with
the provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4379, Relating to insurance coverage for mammograms, pap smears and human
papillmovavirus,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4379 - "A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code
of West Virginia, 1931, as amended; to amend and reenact §33-15-4c of said code; to amend and
reenact §33-16-3g of said code; to amend and reenact §33-24-7b of said code; to amend and reenact
§33-25-8a of said code; and to amend and reenact §33-25A-8a of said code, all relating to insurance
coverage for mammograms, pap smears and human papilloma virus testing,"
H. B. 4636, Relating to the definition of gross income for purposes of determining child
support,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4636 -- "A Bill to amend and reenact §48-1-228 of the Code of West
Virginia, 1931, as amended, relating to the definition of gross income for purposes of determining
child support; providing that certain employment-related expenses are excluded from gross income,"
And,
H. B. 4661, Continuing the Board of Registered Professional Nurses rule relating to dialysis
technicians,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4661 - "A Bill to amend and reenact §30-7C-7 of the Code of West
Virginia, 1931, as amended, relating to continuing Board of Registered Professional Nurses
emergency rule relating to dialysis technicians,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for H. B. 4379, Com. Sub. for H. B. 4636 and Com. Sub. for 4661) were each taken up for
immediate consideration, read a first time, ordered to second reading and then, in accordance with
the provisions of House Rule 70a, ordered to the Consent Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 166 - "A Bill to amend and reenact §62-12-12, §62-12-13, §62-12-18, §62-12-19, §62-
12-23 and §62-12-24 of the Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §62-12-12a, all relating to the West Virginia Parole Board;
providing for the appointment, powers and duties of the West Virginia Parole Board; providing for
the appointment of the Chairperson of the West Virginia Parole Board by the Governor; providing
for the consideration of parole and parole revocation by panels of the board; and providing for panels
of the board to conduct parole interviews, consider parolees for discharge from parole and hold any
other hearings authorized by the board"; which was referred to the Committee on Government
Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 228
- "A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing
the number of members"; which was referred to the Committee on Roads and Transportation then
Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 605 - "A Bill to amend and reenact §17A-3-3a of the Code of West Virginia, 1931, as
amended; and to amend and reenact §20-7-12a of said code, all relating to proof of payment of
personal property taxes as a prerequisite to registration or renewal of a vehicle or motorboat
registration; providing for alternative methods of verification of tax payment; providing that current
year tax receipt may substitute for previous calendar year tax receipt; and eliminating the
requirement that registrant who renews for two years furnish two previous calender year receipts";
to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 613 - "A Bill to amend and reenact §17-4-47 and §17-4-49 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated
§17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7 and §17-27-8, all relating
to the establishment of the West Virginia Transportation Authority; empowering the West Virginia
Transportation Authority to assure the resourceful expenditure of state funds for transportation
projects; authorizing the West Virginia Transportation Authority to establish procedures relating to
the authority and review of transportation projects; making legislative findings; stating legislative
purpose; defining certain terms and phrases; requiring certain entities seeking state funds for
transportation projects to submit a transportation project plan; setting forth transportation project plan requirements; setting forth conditions for approval by the West Virginia Transportation
Authority and the Commissioner of Highways; authorizing county commissions to impose user fees
for the construction and maintenance of roads and transportation projects; providing credit for
municipally imposed fees; authorizing counties to issue revenue and general obligation bonds for
transportation projects; providing notice and election requirements; coordinating the development
of transportation projects with other infrastructure projects; information sharing; authorizing
agreements among municipal utilities and public service districts to participate in transportation
projects; authorizing setting of rates to include costs borne by municipal utilities and public service
districts in coordination with transportation projects; exemption from Public Service Commission
approval; requiring a bond necessary to compensate the division for improvements to highway
facilities required as a result of development; regulating access from properties to and from state
roads; and providing recovery of cost of highway improvements from commercial and residential
developments"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 771 - "A Bill to amend and reenact §29-3-5 of the Code of West Virginia, 1931, as
amended, relating to the fire code; promulgation of rules; and making technical corrections"; which
was referred to the Committee on the Judiciary.
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. 59 - "Requesting the Governor proclaim the fourth Friday of April each year as
'Children's Memorial Flag Day' in the State of West Virginia."
Whereas, Tragic acts of violence against children are occurring with increasing frequency throughout the State of West Virginia and the United States. These violent acts are destroying
innocent lives and devastating families and communities; and
Whereas, Too many of West Virginia's children have been lost in violent, preventable
deaths through guns, fire, automobile accidents, physical violence and suicide; and
Whereas, In celebration of life, diversity and hope for the future, the citizens of West
Virginia should condemn acts of violence committed against our children; and
Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and
should be flown on the fourth Friday of April each year in remembrance of young lives lost in
senseless acts of violence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor proclaim the
fourth Friday of April each year as "Children's Memorial Flag Day" in the State of West Virginia;
and, be it
Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April
each year in remembrance of those young lives lost in senseless acts of violence; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 17, Requesting the Governor of the State of West Virginia and the West Virginia
Development Office to put the highest priority on putting forward locations in the southern coalfield
counties for the proposed coal conversion facilities,
On motion of Delegate Staton, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the title and inserting in lieu thereof the following:
"Whereas, The United States faces foreign and domestic threats to the petroleum and
natural gas resources so vital to our economy; and
Whereas, West Virginia has an estimated 50 billion tons of coal reserves; and
Whereas, Coal liquefaction and other conversion processes can turn each ton of coal into
as much as three barrels of liquid fuel; and
Whereas, Governor Joe Manchin III has established the West Virginia Coal Conversion
Initiative to bring the public and private sectors together to build coal conversion facilities and
related infrastructures in the Mountain State; and
Whereas, Such facilities would bring much needed jobs and economic development and
take the state away from a dependence on outside fuels; and
Whereas, West Virginia is located within 500 miles of half of the nation's population and
West Virginia's coal reserves are of the highest quality; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor of the State of West Virginia and the West
Virginia Development Office to put a priority on putting forward locations in the coalfield counties
for the proposed coal conversion facilities; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the Governor of the State of West Virginia and the West Virginia Development Office."
And,
By amending the title of the resolution to read as follows:
H. C. R. 17 - "
Requesting the Governor of the State of West Virginia and the West Virginia
Development Office to put a priority on putting forward locations in the coalfield counties for the
proposed coal conversion facilities."
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.
Resolutions Introduced
Delegate Ellem offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 71 - "Requesting the Joint Committee on Government and Finance to study the
Division of Motor Vehicles' administrative process of suspending an individual's driving privileges
in the State of West Virginia."
Whereas, Suspending an individual's driving privileges in the State of West Virginia has
become a valuable law enforcement tool when an individual fails to abide by certain provisions of
the code of the State of West Virginia.
Whereas, The Division of Motor Vehicles controls the administrative process of suspending
an individual's driving privileges in the State of West Virginia.
Whereas, The Division of Motor Vehicles' process of suspending an individual's driving
privileges in the State of West Virginia has not been reviewed subsequent to the addition of
numerous code provisions utilizing the suspension of an individual's driving privileges as a law
enforcement tool; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
Division of Motor Vehicles' administrative process of suspending an individual's driving privileges
in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, on its findings, conclusions and recommendations, together with
the drafts of any legislation necessary to effectuate its recommendation; 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 the legislative appropriations to the Joint Committee on Government and Finance.
Delegate DeLong offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 72 - "Requesting the Joint Committee on Government and Finance to study the
authorization of retail liquor sales on Sunday in West Virginia."
Whereas, The Committee on the Judiciary in the House of Delegates notes that retail sales
of liquor on Sundays is currently prohibited in West Virginia;
Whereas, The five contiguous states surrounding West Virginia all authorize the retail sale
of liquor on Sundays;
Whereas, The sale of liquor by and within these contiguous states puts West Virginia
retailers and the State of West Virginia at a competitive disadvantage;
Whereas, The loss of income to West Virginia retailers and the loss of general revenue to
the state occurs when liquor otherwise to be purchased in West Virginia is purchased elsewhere;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
authorization of retail liquor sales on Sundays in West Virginia to determine if such sales should be
authorized; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, on its findings, conclusions and recommendations, together with
the drafts of any legislation necessary to effectuate its recommendation; 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 the legislative appropriations to the Joint Committee on
Government and Finance.
Mr. Speaker, Mr. Kiss, offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 73 - "Requesting the Joint Committee on Government and Finance study the state
of employee misclassification in private sector industries of West Virginia."
Whereas, The existence of employee misclassification is a concern for businesses and
citizens in West Virginia; and
Whereas, The extent of employee misclassification is unknown; and
Whereas, The implications of employee misclassification are unknown; and
Whereas, Identifying the extent and implications of employee misclassification may
alleviate the concern of businesses and citizens in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state
of employee misclassification in private sector industries of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, 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.
Petitions
Delegate Perdue presented a petition, signed by thirty-nine residents of the 17th District, in
support of including music therapy in the West Virginia MR/DD waiver program; which was
referred to the Committee on Education.
Consent Calendar
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:
H. B. 4698, on second reading, Consent Calendar, to the Special Calendar, by Delegate
Trump,
And,
H. B.'s 2146, H. B. 4279, H. B. 4494, H. B. 4513, H. B. 4580, H. B. 4630 and H. B. 4654,
on first reading, Consent Calendar, to the Special Calendar, by Delegate Trump.
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2118, Providing for reimbursement to the bail bondsman for the
amount of a forfeited bond under certain circumstances,
Com. Sub. for H. B. 2638, Increasing the amount of allowable equity investments in
municipal police and fire pension plans,
Com. Sub. for H. B. 3019, Community volunteer enrichment programs in the public schools,
Com. Sub. for H. B. 3119, Providing that the Division of Natural Resources may not reduce
the habitat land acreage available for hunting and shooting,
Com. Sub. for H. B. 4454,Relating to wages withheld from an employee,
H. B. 4472, Including family court jurisdiction in all proceedings concerning grandparent
visitation,
Com. Sub. for H. B. 4612, Relating generally to the West Virginia Women's Commission,
And,
H. B. 4632, Relating to employing homeland security and emergency service personnel.
On the passage of the bills, the yeas and nays were taken (Roll No. 177), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach, Michael and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2118, Com. Sub. for H. B. 2638, Com. Sub. for H. B. 3019,
Com. Sub. for H. B. 3119, Com. Sub. for H. B. 4454, H. B. 4472, Com. Sub. for H. B. 4612 and H.
B. 4632) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.
Second Reading
S. B. 244, Relating to state-chartered banks' investment limitations;
on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for S. B. 270, Continuing Board of Banking and Financial Institutions,
membership qualifications; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
H. B. 4089, Establishing a new license plate that designates city or municipality
law-enforcement departments; specifying the design and one time fee; on second reading, coming
up in regular order, was read a second time.
An amendment, recommended by the Committee on Roads and Transportation, was reported
by the Clerk and adopted, amending the bill on page three, section twenty-three, line thirty, after the
word "bottom" by changing the period to a colon and inserting the following:
" Provided, That after the thirty-first day of December, two thousand six, registration plates
issued to a city or municipality law-enforcement department shall include blue lettering on a white
background with the word "West Virginia" on top of the plate and shall be further designed by the
commissioner to include a law enforcement shield together with other insignia or lettering sufficient
to identify the motor vehicle as a municipal law enforcement department motor vehicle."
The bill was then ordered to engrossment and third reading.
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4444, Permitting land grant university researchers performing research
to plant ginseng seed and to dig, collect or gather ginseng on state public lands,
H. B. 4487, Allowing an individual, who is at least sixteen years of age, to be in the vehicle
to assist the Class Q permittee,
H. B. 4524, Authorizing the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license,
And,
H. B. 4679, Relating to qualified charitable gift annuities.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 3201, Relating to the compensation of secretary-clerks to family court
judges,
Com. Sub. for H. B. 4053, Providing that active military personnel stationed in this state
need not obtain a hunting, fishing or trapping permit,
Com. Sub. for H. B. 4077, Establishing a state minimum salary supplement for professional
personnel holding a nationally recognized professional certification in speech-language pathology,
audiology or counseling,
Com. Sub. for H. B. 4108, Allowing an osteopathic physician and surgeon to supervise up
to three physician assistants generally,
H. B. 4293, Requiring purchasers of real estate subject to tax liens to pay for notices to
redeem,
H. B. 4321, Relating to definitions and modifications of exemptions from notification and
licensure with respect to lead abatement,
Com. Sub. for H. B. 4351, Providing State Treasury Fire Protection Fund revenue to the
West Virginia State Fire Chiefs Association and the West Virginia State Fireman's Association,
H. B. 4370, Authorizing certain volunteer fire departments to establish a special fund to
make awards to qualified volunteers,
H. B. 4371, Allowing a registrant to transfer the registration of a Class C vehicle to another
Class C type vehicle titled in the name of the registrant,
Com. Sub. for H. B. 4393, Adjusting foundation allowance for transportation for projected fuel costs,
Com. Sub. for H. B. 4398, Improving the capacity of county boards of education to provide
school health services,
H. B. 4445, Permitting the Director of the Division of Forestry to recover costs incurred in
fighting fires,
Com. Sub. for H. B. 4469, Providing the Natural Resources Commission authority to
promulgate rules to permit and regulate the hunting of white-tail deer in state park,
H. B. 4510, Removing language requiring the commission to maintain a registry and census
of persons who are deaf or hard of hearing,
Com. Sub. for H. B. 4544, Allowing for more teachers to be reimbursed for approved course
work,
H. B. 4547, Increasing the funds available for transfer to the Prepaid Tuition Trust Escrow
Fund in certain circumstances,
H. B. 4623, Relating to reports of inspections of primary and secondary schools by local
boards of health,
And,
H. B. 4848, Relating to requirements for physical education in the public schools.
Special Calendar
Unfinished Business
The House proceeded to consideration of a bill of the House of Delegates heretofore amended
by the Senate, committed to the Committee on Health and Human Resources and subsequently
reported therefrom with a recommendation that the House concur in the Senate amendment with
amendment, which bill was as follows:
Com. Sub. for H. B. 4021, Relating to a pilot program authorizing participating health care
clinics and private medical practitioners to provide primary and preventive health services for a
prepaid fee.
[Clerk's Note: The Senate amendment struck out the bill in its entirety and inserted Senate
provisions. The full text of the amendment may be found in the Journal of the House, January 31,
2006, pp 272-286.]
The Clerk then reported an amendment, recommended by the Committee on Health and
Human Resources, on page one of the Senate amendment, line one, by striking out all of the
amendment and inserting in lieu thereof the following:
"
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated §5-16B-6d; that §9-2-6 of said code be amended and reenacted; that said code
be amended by adding thereto a new article, designated §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-4, §16-
2J-5, §16-2J-6, §16-2J-7, §16-2J-8 and §16-2J-9; that said code be amended by adding thereto a new
article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4 and §16-29G-5; and that said
code be amended by adding thereto a new article, designated §33-15D-1, §33-15D-2, §33-15D-3,
§33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-
11, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16B. WEST VIRGINIA CHILDREN'S HEALTH INSURANCE PROGRAM.
§5-16B-6d. Modified benefit plan implementation.
(a) The board shall implement a program for uninsured children of families with income
between two hundred and three hundred percent of the federal poverty level.
(b) The benefit plans offered pursuant to this section shall include services determined to be
appropriate for children, but may vary from those currently offered by the board.
(c) The board shall structure the benefit plans for this expansion to include premiums, co-
insurance or co-pays and deductibles. The board shall develop the cost sharing features in such a manner as to keep the program fiscally stable without creating a barrier to enrollment. Such features
may include different cost-sharing features within this group based upon the percentage of the federal
poverty level.
(d) Children covered by an employer sponsored health insurance plan during the previous
twelve month period are not eligible for coverage under this expansion, unless that coverage is lost
due to the parent's loss of employment.
(e) Provider reimbursement schedules shall be no lower than the reimbursement provided for
the same services under the plans offered in article sixteen of this chapter.
(f) All provisions of this article are applicable to this expansion unless expressly addressed
in this section.
(g) Nothing in this section may be construed to require any appropriation of state general
revenue funds for the payment of any benefit provided pursuant to this section, except for the state
appropriation for federal match. In the event that such expansion is not authorized by any future
reauthorization of federal funds, the board shall take immediate steps to terminate this expansion and
notify all enrollees of such termination. In the event federal appropriations decrease for the programs
created pursuant to Title XXI of the Social Security Act of 1997, the board is directed to make those
decreases in this expansion program before making changes to the programs created for those
children whose family income is less that 200 percent of the federal poverty level.
(h) The board is directed to report no less than quarterly to the Legislative Oversight
Commission on Health and Human Resources Accountability on the development, implementation
and progress of the expansion authorized in this section.
CHAPTER 9. HUMAN SERVICES.
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-6. Powers of secretary.
Within limits of state appropriations and federal grants and subject to provisions of state and federal laws and regulations, the Secretary, in addition to all other powers, duties and responsibilities
granted and assigned to that office in this chapter and elsewhere by law, is authorized and
empowered to:
(1) Promulgate, amend, revise and rescind Department rules respecting the organization and
government of the Department and the execution and administration of those powers, duties and
responsibilities granted and assigned by this chapter and elsewhere by law to the Department and the
Secretary.
(2) Promulgate, amend, revise and rescind Department rules and regulations respecting
qualifications for receiving the different classes of welfare assistance consistent with or permitted
by federal laws, rules and policies, but not inconsistent with state law: Provided, That such rules and
policies respecting qualifications shall permit the expenditure of state funds to pay for care rendered
in any birthing center licensed under the provisions of article two-e, chapter sixteen of this code by
a licensed nurse midwife or midwife as this occupation is defined in section one, article fifteen,
chapter thirty of this code and which care is within the scope of duties for such licensed nurse
midwife or midwife as permitted by the provisions of section seven of said article.
(3) Obtain by purchase or lease such grounds, buildings, office or other space, equipment,
facilities and services as may be necessary for the execution and administration of those powers,
duties and responsibilities granted and assigned by this chapter and elsewhere by law to the
Department and the Secretary.
(4) Sign and execute in the name of the state by the state Department of Health and Human
Resources any contract or agreement with the federal government or its agencies, other states,
political subdivisions of this state, corporations, associations, partnerships or individuals.
(5) Establish such special funds as may be required by the federal Social Security Act, as
amended, or by any other Act or Acts of Congress, in order for this state to take full advantage of
the benefits and provisions thereof relating to the federal-state assistance and federal assistance
programs administered by the Department and to make payments into and disbursements out of any such special fund or funds in accordance with the requirements of the federal Social Security Act,
as amended, or any other Act or Acts of Congress, and in accordance with applicable state law and
the objects and purposes of this chapter. In addition, the state Department of Health and Human
Resources, through the Secretary, is hereby authorized to accept any and all gifts or grants, whether
in money, land, services or materials, which gift or gifts, if in the form of moneys, shall be placed
in a separate fund and expended solely for the purpose of public assistance programs. No part of this
special fund shall revert to the general revenue funds of this state. No expenses incurred pursuant
to this special fund shall be a charge against the general funds of this state.
(6) Establish within the Department an Office of Inspector General for the purpose of
conducting and supervising investigations and for the purpose of providing quality control for the
programs of the Department. The Office of Inspector General shall be headed by the Inspector
General who shall report directly to the Secretary. Neither the Secretary nor any employee of the
Department may prevent, inhibit or prohibit the Inspector General or his or her employees from
initiating, carrying out or completing any investigation, quality control review or other activity
oversight of public integrity by the Office of the Inspector General. The Secretary shall place within
the Office of Inspector General any function he or she deems necessary. Qualification, compensation
and personnel practice relating to the employees of the Office of the Inspector General, including that
of the position of Inspector General, shall be governed by the classified service provisions of article
six, chapter twenty-nine of this code and rules promulgated thereunder. The Inspector General shall
supervise all personnel of the Office of Inspector General.
(7) Provide at Department expense a program of continuing professional, technical and
specialized instruction for the personnel of the Department.
(8) Pay from available funds all or part of the reasonable expenses incurred by a person newly
employed by the Department in moving his household furniture, effects and immediate family from
his or her place of residence in this state to his or her place of employment in this state; and to pay
from available funds all or part of the reasonable expenses incurred by a Department employee in moving his or her household furniture, effects and immediate family as a result of a reassignment
of the employee which is considered desirable, advantageous to and in the best interests of the state,
but no part of the moving expenses of any one such employee shall be paid more frequently than
once in twelve months or for any movement other than from one place of employment in this state
to another place of employment in this state.
(9) Establish and maintain such institutions as are necessary for the temporary care,
maintenance and training of children and other persons.
(10) Prepare and submit state plans which will meet the requirements of federal laws, rules
governing federal-state assistance and federal assistance and which are not inconsistent with state
law.
(11) Organize within the Department a Board of Review, consisting of a Chairman appointed
by the Secretary and as many assistants or employees of the Department as may be determined by
the Secretary and as may be required by federal laws and rules respecting state assistance, federal-
state assistance and federal assistance, such Board of Review to have such powers of a review nature
and such additional powers as may be granted to it by the Secretary and as may be required by
federal laws and rules respecting federal-state assistance and federal assistance.
(12) Provide by rules such review and appeal procedures within the Department of Health
and Human Resources as may be required by applicable federal laws and rules respecting state
assistance, federal-state assistance and federal assistance and as will provide applicants for, and
recipients of all, classes of welfare assistance an opportunity to be heard by the Board of Review,
a member thereof, or individuals designated by the Board, upon claims involving denial, reduction,
closure, delay or other action or inaction pertaining to public assistance.
(13) Provide by rules, consistent with requirements of applicable federal laws and rules,
application forms and application procedures for the various classes of public assistance.
(14) Provide locations for making applications for the various classes of public assistance.
(15) Provide a citizen or group of citizens an opportunity to file objections and to be heard upon objections to the grant of any class of public assistance.
(16) Delegate to the personnel of the Department all powers and duties vested in the
Secretary, except the power and authority to sign contracts and agreements.
(17) Make such reports in such form and containing such information as may be required by
applicable federal laws and rules respecting federal-state assistance and federal assistance.
(18) Ensure that the claims management system processing medicaid claims provides:
(A) Detailed quarterly financial reports to the Legislative Oversight Commission on Health
and Human Resources Accountability;
(B) A management reporting system no later than the first day of May, two thousand six; and
(C) Specific utilization data for individual lines of service, patients and physicians no later
than the first day of July, two thousand six.
(19) Certify to the Joint Committee on Government and Finance on an annual basis the cost
shift to the private sector created by the medicaid reimbursement system.
(20) Invoke any legal, equitable or special remedies for the enforcement of the provisions of
this chapter.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 2J. PREVENTIVE CARE PILOT PROGRAM.
§16-2J-1. Legislative findings and statement of purpose.
(a) The Legislature finds that a program that would allow health clinics and private medical
practitioners to provide primary and preventive health services for a prepaid fee would enable more
West Virginians to gain access to affordable health care and to establish a medical home for purposes
of receiving primary and preventative healthcare services. By establishing a pilot project for clinic-
based health care, the Legislature intends to enable state health and insurance officials to study this
method of delivering health services, to encourage all West Virginians to establish a medical home
and to determine the success, continued need and feasibility of expanding such a program and
allowing similar programs to operate on a statewide basis.
(b) In carrying out this pilot program, it is the intent of the Legislature to eliminate legal,
statutory and regulatory barriers to the establishment of pilot programs providing preventive and
primary care services for a prepaid fee; to encourage residents of this State to establish and use a
medical home; to expand preventive and primary care services for the uninsured; and to exempt
health providers participating in the pilot program from regulation as an insurer, the operation of
insurance laws of the state and all other laws inconsistent with the purposes of this article.
§16-2J-2. Definitions.
For the purposes of this article, the following definitions apply:
(1) 'Dependent' has the same meaning set forth in subsection (d), section one-a, article
sixteen, chapter thirty-three of this code:
(2) 'Family' means an subscriber and his or her dependents;
(3) 'Medical home' means a clinic, hospital or other health care facility where a patient has
an established relationship, has his or her routine medical care or treatment and where his or her
medical records are maintained.
(4) 'Participating provider' means a provider under this article that has been granted a license
under this article to operate as part of the pilot program;
(5) 'Primary care' means basic or general health care which emphasizes the point when the
patient first seeks assistance from the medical care system and the care of the simpler and more
common illnesses;
(6) 'Provider' has the same meaning as 'ambulatory health care facility' set forth in
subsection (b), section two, article two-d of this chapter or 'private office practice' as set forth in
subsection (a)(1), section four of said article;
(7) 'Qualifying event' means loss of coverage due to: (i) emancipation and resultant loss of
coverage under a parent or guardian's plan; (ii) divorce and loss of coverage under the former
spouse's plan; (iii) termination of employment and resultant loss of coverage under an employer
group plan: Provided, That any rights of coverage under a COBRA continuation plan as that term is defined in section three-m, article sixteen, chapter thirty-three of this code, shall not be considered
coverage under an employer group health plan; (iv) involuntary termination of coverage under a
group health benefit plan except for termination due to nonpayment of premiums or fraud by the
insured; or (v) exhaustion of COBRA benefits.
(8) 'Subscriber' means any individual who subscribes to a prepaid program approved and
operated in accordance with the provisions of this article, including an employee of any employer
that has purchased a group enrollment on behalf of its employees;
§16-2J-3. Authorization of preventive care pilot program; number of participants and sites;
Health Care Authority considerations in selection of participating providers; funding.
(a) The Health Care Authority shall, in consultation with the Insurance Commissioner,
develop and implement during the fiscal year beginning the first day of July, two thousand six, a
pilot program that permits no more than eight providers to market and sell prepaid memberships
entitling subscribers to obtain preventive and primary health care from the participating providers.
Participating providers shall not be allowed to offer their qualifying services at more than three
separate sites. The pilot program will be three years in length.
(b) Subject to the provisions of this article, the Health Care Authority is vested with
discretion to select providers using diversity in practice organization, geographical diversity and
other criteria it deems appropriate. The Health Care Authority also shall give consideration to
providers located in rural areas or serving a high percentage or large numbers of uninsured.
(c) In furtherance of the objectives of this article, the Health Care Authority is authorized to
accept any and all gifts, grants and matching funds whether in the form of money or services:
Provided, That no gifts, grants and matching funds shall be provided to the Health Care Authority
by the State of West Virginia to further the objectives of this article.
§16-2J-4. License for preventive care pilot program.
(a) No provider may participate in the pilot program without first obtaining a preventive care pilot program license from the Health Care Authority.
(b) The Health Care Authority shall determine the eligibility of providers to obtain licenses
on the basis of applications filed by providers on forms developed by the Health Care Authority.
(c) Upon approval of the application, the participating provider shall be granted a license to
market and sell prepaid health services under such terms as may be established in guidelines
developed by the Health Care Authority and the Insurance Commissioner.
§16-2J-5.
Insurance Commissioner approval of fees, marketing materials and forms and
certification of financial condition; statement of services.
(a) The Insurance Commissioner shall develop guidelines for all forms, marketing materials
and fees proposed by program applicants and participating providers under the same criteria
generally applicable to accident and sickness insurance policies.
(b) All fees, marketing materials and forms proposed to be used by any program applicant
or participating provider are subject to prior approval of the Insurance Commissioner, which the
Insurance Commissioner shall communicate to the Health Care Authority. Fees may not be
excessive, inadequate, or unfairly discriminatory.
(c) The Insurance Commissioner must certify whether a program applicant or, upon the
request of the Health Care Authority, an already participating provider is in a sound financial
condition and capable of operating in a manner that is not hazardous to its prospective subscribers
or the people of West Virginia.
(d) Every subscriber is entitled to evidence of program membership that shall contain a clear,
concise and complete statement of the services provided by the participating provider and the
benefits, if any, to which the subscriber is entitled; any exclusions or limitations on the service, kind
of service, benefits, or kind of benefits, to be provided, including any copayments; and where and
in what manner information is available as to how a service may be obtained.
(e) Fees paid to participating providers are not subject to premium taxes and surcharges imposed on insurance companies.
(f) Notwithstanding the provisions of chapter thirty-three of this code to the contrary,
participation by providers in the preventive care clinic-based pilot program created and authorized
pursuant to this article is not to be considered as providing insurance or as offering insurance
services. Such providers and services are specifically excluded from the definitions of 'insurer' and
'insurance' as defined in article one, chapter thirty-three of this code, and are not subject to
regulation by the Insurance Commissioner except to the extent set forth in this article, nor are
participating providers unauthorized insurers pursuant to section four, article forty-four of chapter
thirty-three of this code.
§16-2J-6. Rule-making authority.
The Health Care Authority and the Insurance Commissioner shall promulgate rules as
necessary to implement the provisions of this article, including emergency rules, promulgated
pursuant to, chapter twenty-nine-a of this code.
§16-2J-7. Participating provider plan requirements: primary care services; prior coverage
restrictions; notice of discontinuance or reduction of benefits.
In addition to the provisions of this article and any guidelines established by the Health Care
Authority and Insurance Commissioner, the plans offered pursuant to this article shall be subject to
the following:
(1) Each participating provider and site must offer a minimum set of preventive and primary
care services as established by the Health Care Authority.
(2) No participating provider may offer: (i) an individual plan to any individual who currently
has a health benefit plan or who was covered by a health benefit plan within the preceding twelve
months unless said coverage was lost due to a qualifying event; (ii) a family plan to any family that
includes an adult to be covered who currently has a health benefit plan or who was covered by a
health benefit plan within the preceding twelve months unless said coverage was lost due to a qualifying event; or (iii) an employee group plan to any employer that currently has a group health
benefit plan or had a group health benefit plan covering its employees within the preceding twelve
months.
(3) The Health Care Authority and the Insurance Commissioner may, by legislative rule,
permit participation by an employer with a comprehensive high deductible plan if such employer is
able to demonstrate that such participation will not negatively impact the coverage currently offered
by such employer.
(4) A participating provider must provide subscribers and, where applicable, subscribers'
employers with a minimum of thirty days' notice of discontinuance or reduction of subscriber
benefits.
§16-2J-8.
Guidelines for evaluation of the pilot program; report to Legislative Oversight
Commission on Health and Human Resources Accountability.
(a) The Health Care Authority shall establish by guidelines criteria to evaluate the pilot
program and may require participating providers to submit such data and other information related
to the pilot program as may be required by the Health Care Authority.
(b) No later than the first day of December, two-thousand seven and annually thereafter
during the operation of the pilot program, the Health Care Authority must submit a report to the
Legislative Oversight Commission of Health and Human Resources Accountability as established
in article twenty-nine-e of this chapter on progress made by the pilot project including suggested
legislation, necessary changes to the pilot program and suggested expansion of the pilot program.
§16-2J-9. Grounds for refusal to renew; revocation and suspension of pilot program license;
penalties; termination of suspension, reissuance and renewal of license.
(a) The Health Care Authority may after notice and hearing refuse to renew, or may revoke
or suspend the license of a participating provider, in addition to other grounds therefor in this
article, if the participating provider:
(1) Violates any provision of this article;
(2) Fails to comply with any lawful rule or order of the Health Care Authority;
(3) Is operating in an illegal, improper or unjust manner;
(4) Is found by the Insurance Commissioner to be in an unsound condition or in such
condition as to render its further operation in West Virginia hazardous to its subscribers or to the
people of West Virginia;
(5) Compels subscribers under its contract to accept less service than due them or to bring
suit against it to secure full service when it has no substantial defense;
(6) Refuses to be examined or to produce its accounts, records and files for examination by
the insurance commissioner when requested to do so pursuant to section five of this article;
(7) Fails to pay any final judgment rendered against it in West Virginia within thirty days
after the judgment became final or time for appeal expired, whichever is later;
(8) Fails to pay when due to the state of West Virginia any taxes, fees, charges or penalties.
(b) In addition to or in lieu of refusing to renew, revoking or suspending the license of a
participating provider in any case, the Health Care Authority may, by order, require the participating
provider to pay to the state of West Virginia a penalty in a sum not exceeding five thousand dollars
for each violation. Upon the failure of the provider to pay such penalty within thirty days after notice
thereof, the Health Care Authority shall revoke or suspend the license of such participating provider.
(c) When any license has been revoked or suspended or renewal thereof refused, the Health
Care Authority may reissue, terminate the suspension of or renew such license when it is determined
that the conditions causing such revocation, suspension or refusal to renew have ceased to exist and
are unlikely to recur.
ARTICLE 29G. HEALTH CARE REFORM.
§16-29G-1. Purpose and scope.
The purpose of this article is to establish the standards and criteria for evaluating the unmet health care needs within this state, to evaluate methods to meet those needs and to set forth
recommendations related to services provided and services needed, access issues, and related
financing proposals.
§16-29G-2. Goals.
(a) In consideration of the need for health care reform, the Legislature adopts the following
goals:
(1) Access. West Virginia policy will reflect that access to health care is a public good.
West Virginia shall develop strategies for having an integrated health care system that provides all
West Virginians, regardless of their age, employment, economic status, or their town of residency,
with access to affordable, high quality health care that is financed in a fair and equitable manner.
(A) In order to reach this goal, the state shall consider expanding benefits over time after
meeting specified benchmarks. A process will be developed to define the benefits, taking into
consideration scientific evidence, available funds, and the values and priorities of West Virginia
citizens.
(B) The benchmarks shall measure the appropriateness and feasibility of a proposed
expansion based on its ability to promote the following: long-term cost savings, increased access,
improved quality and delivery, administrative simplification, fair and equitable financing, financial
sustainability, and continuity of coverage.
(2) It is of critical importance that health care costs are brought under control. Likewise, it
is essential that cost containment initiatives address both the financing of health care and the delivery
and quality of health services offered in West Virginia. To ensure financial sustainability of any
proposed plan, the state is committed to slowing the rate of growth of health care costs by the year
two thousand ten. Strategies for containing costs shall include consideration of:
(A) A budgeting process for hospitals and other health care providers if appropriate as
determined by the Health Care Authority in cooperation with the Insurance Commission;
(B) Increased consumer access to health care price and quality information;
(C) Promotion of self-care and healthy lifestyles;
(D) Enhanced prescription drug initiatives;
(E) Funding of chronic care initiatives;
(F) Investments in health information technology;
(G) Alignment of health care professional reimbursement with best practices and outcomes
rather than utilization; and
(H) Development of a long-term strategy for integrating the health care delivery system as
well as a strategy for integrating health care policy, planning, and regulation within government.
(3) Quality. West Virginia's health delivery system must model continuous improvement
of health care quality and safety. West Virginians must have the tools and resources necessary to
make informed use of all health care services. Health care professionals and facilities should have
incentives to provide the best and most appropriate care to West Virginians. The state's role in
improving quality and safety should be through coordination of health care policy, planning and
regulation.
(4) Equitable Financing. The health care system in West Virginia should be funded fairly
and equitably. All residents should have access to health care and all participating residents should
contribute to its cost.
§16-29G-3. Health care authority and insurance commission duties.
(a) The Health Care Authority in cooperation with the Insurance Commission shall:
(1) Identify and report emerging trends and behaviors among various participants in the
health care system;
(2) Develop incentives to contain costs and methods to assess the effectiveness of
cost-containment efforts;
(3) Develop quality of care initiatives;
(4) Establish demonstration or pilot projects designed to contain health care costs and
improve the delivery and quality of health care including, but not limited to, a demonstration project
to establish a regional system with providers and hospitals working cooperatively to provide and
coordinate health care for all residents of the region;
(5) Direct the studies required to accomplish the goals of this section;
(6) Assess the feasibility of:
(A) A publicly financed reinsurance program for all health plans doing business in West
Virginia; and
(B) Organizational structures that integrate the delivery of care and improve the quality of
care at both the regional and state level, including developing a plan for creating an integrated,
regional delivery system and developing integrated systems of care;
(7) Recommend alternative reimbursement mechanisms for health services that encourage
cost effectiveness, improve the quality of care, increase efficiency, reward primary care practices that
prevent chronic illnesses, avoid preventable hospitalizations, and reduce long-term costs to the
system;
(8) Receive reports and analysis from the West Virginia Health Information Network
established in article twenty nine-g, chapter sixteen of this code and ensure that this information is
integrated into health planning;
(9)Collaborate with any entity charged with responsibility for the development of a
behavioral health plan to ensure a fully integrated system including both physical and mental health;
(10) Receive input and make recommendations, generally, to the Senate and House
committees on Health and Finance, and the Joint Committee on Government and Finance regarding
the long-term development of policies and programs designed to ensure that West Virginia is moving towards an integrated system of care that provides all citizens of West Virginia access to affordable,
high quality health care that is financed in a fair and equitable manner.
(b) The Health Care Authority and the Insurance Commission shall establish committees and
subcommittees to assist in their work.
(c) The Health Care Authority in cooperation with the Insurance Commission shall establish
an advisory committee to study a payment and regulatory system that provides incentives to improve
patient safety and quality while controlling the rate of growth of health care expenditures below
current projected growth rates. The study shall include consideration of such items as hospital
services, budgeting processes, efficient and economic operations, performance standards, utilization
and inflation benchmarks, cost shifts, uncompensated care, government payors, and the impact of
the state health plan. The Health Care Authority and the Insurance commission shall review the
work of the advisory committee and report its findings and recommendations to the Legislature prior
to the first day of January, two thousand eight.
(d) The Health Care Authority and the Insurance Commission may request analysis from
appropriate state agencies as needed. The agencies shall report this information at such times as
determined necessary to fulfill its oversight responsibilities.
§16-29G-4. Benchmarks and schedule.
(a) On or before the first day of January, two-thousand seven and each year thereafter, the
Health Care Authority and the Insurance Commission shall recommend to the Legislature those
strategies determined to be successful in moving the state toward the goals established in this article.
(b) Prior to making recommendations to implement strategies, the Health Care Authority and
the Insurance Commission shall find that:
(1) Financing necessary to support the recommendations is cost-neutral or less expensive
with respect to the health care system and will not require more money than is projected to be spent
in the existing system by West Virginia employers and individuals through taxes, premiums, and out-of-pocket expenses;
(2) Administrative bureaucracy and costs will decrease as a percentage of total health care
spending;
(3) Quality of care will be improved;
(4) All federal programs including, but not limited to, Medicaid and the Children's Health
Insurance Program will be used to expand services when it is determined to be the most cost
effective means available; and
(5) The future costs of health care will be less than the current growth rate based on progress
in implementing the following cost containment measures:
(A) Payment system to hospitals;
(B) Increased consumer access to health care price and quality information;
(C) Promotion of self-care and healthy lifestyles;
(D) Enhanced prescription drug initiatives developed in cooperation with the pharmaceutical
advocate;
(E) Funding of chronic care initiatives;
(F) Investments in health information technology;
(G) Alignment of health care professional reimbursement with best practices and outcomes
rather than utilization; and
(H) Additional federally qualified health center's (FQHC) or FQHC look-alikes if data
supports this effort and the federal government so approves; and
(I) other measures identified.
(c) Recommendations to the Legislature shall be assessed in terms of cost savings, increased
access, improvements in quality and delivery, administrative simplification, fairness and equity in financing, continuity of coverage, and financial sustainability.
§16-29G-5. Public notice and hearings.
(a) In recognition of the importance of public engagement, the Health Care Authority and the
Insurance Commission shall have four public hearings prior to the first day of January, two thousand
seven to solicit input from citizens, employers, hospitals, health care professionals, insurers, other
stakeholders, and interested parties about health care.
(b) The Health Care Authority and the Insurance Commission shall report no less than
quarterly to the Legislative Commission on Health and Human Resource Accountability and the
Joint Committee on Government and Finance on the their activities and recommendations in health
care reform to date.
CHAPTER 33. INSURANCE.
ARTICLE 15D. INDIVIDUAL LIMITED HEALTH BENEFITS PLANS.
§33-15D-1. Declaration of legislative intent.
The Legislature recognizes that health insurance is priced beyond the reach of many citizens
who could benefit from a basic health plan. One of the ways affordable premiums can be obtained
is by some combination of limiting benefits and increasing copays or deductibles. In order to provide
greater access to such affordable plans, the Legislature has determined that authorization of the sale
of insurance policies with limited benefits that would include physician, inpatient and outpatient
care, with an emphasis on preventive and primary care, will serve to bring insurance coverage to
many of those West Virginians without any insurance coverage. It is, therefore, the intent of the
Legislature to introduce flexibility in the design of health insurance plans to allow insurers to offer
basic benefits, including preventive and primary care services, at affordable prices. This article may
be known as the Affordable Health Insurance Act.
§33-15D-2. Individual limited health benefits plans; approval by commissioner; eligibility of individuals.
(a) As used in this article, 'individual plan' means any plan approved by the commissioner
as an 'individual limited health benefits plan' in accordance with this article. Each such plan
constitutes a 'particular type of accident and sickness insurance coverage' for the purposes of
subsection (a), section two-e, article fifteen of this chapter.
(b) Notwithstanding any other provision of this code, including provisions mandating the
inclusion of certain benefits in individual health insurance plans, upon filing with and approval by
the commissioner as an individual plan, any insurer, including a health maintenance organization or
health service corporation, may offer the plan and rates associated with the plan to individuals
subject to the conditions of this article.
(c) Any plan approved as an individual plan may, notwithstanding any other provisions of
this chapter and subject to any other limitations on eligibility in this article or that may be contained
in rules proposed by the commissioner for approval of the Legislature in accordance with article
three, chapter twenty-nine-a of this code, only be offered to an adult between the ages of eighteen
and sixty-four, inclusive, who:
(1) Has not had a health benefit plan covering him or her for at least the prior twelve
consecutive months: Provided, That such a plan may not be offered to an employee of an employer
that offers a health benefits plan to its employees unless that employee does not qualify for coverage
under such employer plan; or
(2) Has lost coverage due to a qualifying event. A qualifying event shall include loss of
coverage due to: (i) Emancipation and resultant loss of coverage under a parent's or guardian's plan;
(ii) divorce and loss of coverage under the former spouse's plan; (iii) termination of employment and
resultant loss of coverage under an employer group plan except for loss of employment for gross
misconduct; or (iv) involuntary termination of coverage under a group health benefit plan except for
termination due to nonpayment of premiums or fraud by the insured.
(d) Every individual plan offered pursuant to this article may limit eligibility on the basis of
health status and an individual who has been treated for a health condition in the prior twelve months
may have that condition excluded from coverage for the first twelve months of the policy term.
§33-15D-3. Applicability of certain provisions; commissioner's authority to forbear from
applying certain provisions.
(a) Only the following provisions of article fifteen of this chapter apply to insurers offering
individual plans pursuant to this article: Sections two-a, two-b, two-d, two-e, three, four, four-e, four-
g, five, six, seven, eight, nine, eighteen and nineteen: Provided, That the provisions of subsection
(a), section two-b, article fifteen of this chapter do not apply to such plans if the Secretary of the
United States Department of Health and Human Services finds that the state is implementing an
acceptable alternative mechanism in accordance with the provisions of 42 U. S. C. §300gg-44.
(b) Notwithstanding any other provision of this code, the provisions of article twenty-eight
of this chapter and legislative rules regulating individual accident and sickness policies, including
the rule contained in series 12, title 114 of the West Virginia Code of State Rules, do not apply to
individual plans issued pursuant to this article unless and to the extent specifically incorporated in
rules promulgated pursuant to the authority conferred by section seven of this article.
(c) The commissioner may forbear from applying any other statutory or regulatory
requirements to an insurer offering an individual plan approved pursuant to this article, including
any requirements in articles twenty-four and twenty-five-a, provided that the commissioner first
determines that such forbearance serves the principles set forth in section one of this article.
§33-15D-4. Underwriting standards for individual plans.
Insurers shall underwrite individual plans in a comparable manner as they underwrite other
individual health insurance plans governed by this chapter.
§33-15D-5. Reimbursement rates for individual plans.
Insurers shall reimburse providers pursuant to reimbursement rates previously negotiated
with the providers.;
§33-15D-6. Filing and approval of rates.
(a) Premium rate charges for any individual plans shall:
(1) Be reasonable in relation to the benefits available under the policy; and
(2) Notwithstanding the provisions of section one, article sixteen-b of this chapter, be filed
with the commissioner for a waiting period of thirty days before the charges become effective. At
the expiration of thirty days the premium rate charges filed are deemed approved unless prior thereto
the charges have been affirmatively approved or disapproved by the commissioner.
(b) The commissioner shall disapprove premium rates that are not in compliance with the
requirements of any rule promulgated pursuant to section seven of this article. The commissioner
shall send written notice of the disapproval to the insurer. The commissioner may approve the
premium rates before the thirty-day period expires by giving written notice of approval.
§33-15D-7. Certification of creditable coverage.
An insurer offering individual plans pursuant to the provisions of this article shall provide
certification of creditable coverage in the same manner as provided in section three-m, article sixteen
of this chapter.
§33-15D-8. Emergency rules authorized.
The commissioner shall promulgate emergency and legislative rules under the provisions of
article three, chapter twenty-nine-a of this code on or before the first day of September, two thousand
six, to prescribe requirements regarding ratemaking, which may include rules establishing loss ratio
standards for individual plans; to place further limitations on the eligibility of individuals; to
determine what medical treatments, procedures and related health services benefits must be included
in such individual plans; and to provide for any other matters deemed necessary to further the intent of this article. In determining what medical treatments, procedures and related health services
benefits must be included in such plans, the commissioner shall consider their effectiveness in
improving the health status of individuals, their impact on maintaining and improving health and on
reducing the unnecessary consumption of health care services and their impact on the affordability
of health care coverage.
§33-15D-9. Disclaimer.
Each individual plan issued pursuant to this article shall include the following disclaimer
printed in boldface type and located in a prominent portion of each policy, subscriber contract and
certificate of coverage: 'THIS LIMITED INDIVIDUAL HEALTH BENEFITS PLAN DOES NOT
PROVIDE COMPREHENSIVE MEDICAL COVERAGE. IT IS A BASIC OR LIMITED
BENEFITS POLICY AND CONTAINS SPECIFIC DOLLAR LIMITS THAT WILL BE PAID FOR
MEDICAL SERVICES WHICH MAY NOT BE EXCEEDED. IF THE COST OF SERVICES
EXCEEDS THOSE LIMITS, THE BENEFICIARY AND NOT THE INSURER IS RESPONSIBLE
FOR PAYMENT OF THE EXCESS AMOUNTS'.
§33-15D-10. Exemption from premium taxes.
Products authorized under this article are exempt from the premium taxes and surcharges
assessed under article three of this chapter.
§33-15D-11. Severability; controlling provisions.
(a) If any provision of this act or the application thereof to any person or circumstance is for
any reason held to be invalid, the remainder of the act and application of such provision to other
persons or circumstances shall not be affected thereby.
(b) To the extent that provisions of this article differ from those contained elsewhere in this
chapter, the provisions of this article control."
The question before the House was the motion offered by Delegate Perdue, that the House
of Delegates concur in the Senate amendment with amendment.
Delegate Trump was recognized and requested a division of the question under House Rule
44.
The Speaker stated that the question before the House was indivisible inasmuch as the action
of the House, by virtue of concurring in an amendment of the other house with and amendment, is
a well established practice, founded in the precedents and practices of the House and outlined in
House Rule 125 and Joint Rule 3. He further stated that it would only be in order to offer additional
amendments to the Senate amendment if the amendment recommended by the Committee were to
be rejected.
The Speaker again stated the question before the House, that being the motion to concur in
the Senate amendment with amendment, and on this question, Delegate Carmichael demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 186), and there were--yeas
69, nays 28, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Azinger, Blair, Border, Carmichael, Duke, Ellem,
Evans, Frich, Hamilton, Howard, Lane, Leach, Leggett, Overington, Porter, Roberts, Romine,
Rowan, Schadler, Sobonya, Stevens, Sumner, Tansill, Trump and Walters.
Absent and Not Voting: Ferrell, Michael and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the amendment adopted and that House had concurred in the Senate amendment with
amendment.
The bill, as amended by the Senate and as further amended by the House, was then put upon
its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 187), and there were--yeas
86, nays 11, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Carmichael, Duke, Lane, Leach, Leggett, Overington, Porter, Tansill
and Walters.
Absent And Not Voting: Ferrell, Michael and Schoen.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4021) passed.
The House then concurred in the Senate title amendment with amendment, by striking out
the same and inserting in lieu thereof the following:
Com. Sub. for H. B. 4021 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §5-16B-6d; to amend and reenact §9-2-6 of said code;
to amend said code by adding thereto a new article, designated §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-
4, §16-2J-5, §16-2J-6, §16-2J-7, §16-2J-8 and §16-2J-9; to amend said code by adding thereto a new
article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4 and §16-29G-5; and to amend
said code by adding thereto a new article, designated §33-15D-1, §33-15D-2, §33-15D-3, §33-15D-
4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-11, all
relating to health care programs, authorizing an expansion of the children's health insurance
program; providing criteria for the expansion; providing limitations based on funding availability;
creating a pilot program authorizing participating health care clinics and private medical practitioners
to provide primary and preventive health services for a prepaid fee; declaring legislative intent;
authorizing approval of participants based on guidelines by the Health Care Authority and the
Insurance Commissioner; requiring licensure by the Health Care Authority; authorizing the Insurance
Commissioner to approve fees, marketing materials and forms and to certify financial soundness;
authorizing study of the program by the Health Care Authority; providing for legislative rules;
mandating a Health Care Authority report to the Legislative Oversight Commission on Health and Human Resources Accountability; setting grounds for revocation, suspension and failure to renew
licenses; setting forth goals for health care reform; requiring the health care authority and the
insurance commissioner to develop appropriate incentives, initiatives and assessments; to evaluate
and recommend alternative reimbursement mechanisms; to establish an advisory committee; to
measure and report on specific benchmarks; to make recommendations to the Legislature regarding
the strategies to be used to meet the state's goals; and to hold public hearings for the purpose of
receiving relevant input; authorizing individual limited health benefits insurance plans; including
preventive and primary care services; requiring approval of plans by Insurance Commissioner;
providing eligibility requirements; setting forth statutory or regulatory provisions that do not apply
to such plans; providing underwriting standards; continuing use of existing reimbursement rates;
establishing criteria for filing and approval of premium rates; requiring certification of creditable
coverage; authorizing Insurance Commissioner to promulgate emergency rules; mandating
disclaimer on policies; exempting plans from premium taxes; providing for severability; providing
rule of construction; and creating penalties."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 188), and there were -yeas: 94 nays
3 absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Leggett and Walters
Absent and Not Voting: Ferrell, Michael and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4021) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
Com. Sub. for H. B. 4036, Relating to soliciting or advocating murder, providing criminal
penalties and specifying that the offenses and penalties are cumulative to other offenses and
penalties; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 189),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Michael, Romine and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4036) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4453, Clarifying the powers and duties of conservation officers as it
relates to searches and seizures; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 190),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell, Michael and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4453) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4456, Removing limitations on beaver trapping; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 191),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Michael and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4456) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4536, Improving competition among telephone public utilities
providing landline services; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 192),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Michael and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4536) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4658, Creating the Funeral Planning Agent Designation Acton third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 193),
and there were--yeas 53, nays 44, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Anderson, Argento, Armstead, Ashley, Azinger, Barker, Blair, Border, Butcher, Canterbury, Carmichael, Duke, Eldridge, Ellem, Evans, Frich, Hall, Hamilton, Howard, Hrutkay,
Iaquinta, Lane, Leggett, Long, Longstreth, Louisos, Martin, Overington, Perry, Poling, Porter,
Roberts, Romine, Rowan, Schadler, Sobonya, Stevens, Sumner, Tansill, Trump, Tucker, Wakim,
Walters and White, G.
Absent And Not Voting: Ferrell, Michael and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4658) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4683, Establishing the right to trial by jury when a juvenile is accused of acts of
juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 194),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Michael and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4683) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 4565, Establishing section of vital statistics in Bureau for Public
Health; on second reading, coming up in regular order was read a second time.
On motion of Delegates Talbott, Walters and Schoen, the bill was amended on page sixty, subsection (e), line twenty-four, by striking out subsection (e) and inserting in lieu thereof the
following:
"(e) Upon receipt of a certified copy of an order of a court of competent jurisdiction
recognizing that the gender of an individual born in this state has been changed by surgical
procedure, the State Registrar may not change the designation of gender at birth but shall note the
date of the gender change as ordered by the court."
The bill was then ordered to engrossment and third reading.
H. B. 4635, Providing that in the event a yearling was born in another state and transported
to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any
pari-mutuel racing facility in Jefferson County; on second reading, coming up in regular order, was
read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill (H. B. 4635) was
advanced to third reading and the rule was suspended to permit the consideration of an amendment
by Delegate DeLong on third reading.
Com. Sub. for H. B. 4694,Relating to abuse and neglect of children; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4698, Changing the filing time for a subcontractor's lien; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and 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. 2090, Clarifying that a "victim" includes that person damaged by acts of juveniles and
increasing liability of parents for criminal acts of their children,
H. B. 2974, Eliminating a gap in employment for certain Alcohol Beverage Control Commission employees subject to a reduction in force and who are reemployed,
Com. Sub. for H. B. 4030, Relating to limiting the administration of a Voluntary
Contribution Fund or similar benefit plan by members and employees of the West Virginia State
Police,
Com. Sub. for H. B. 4031, Relating to the Purchasing Division of the Department of
Administration,
Com. Sub. for H. B. 4126, Relating to retention of seniority for the purpose of seeking
reemployment for professional employees whose employment with a county board of education was
terminated voluntarily,
Com. Sub. for H. B. 4172, Authorizing the Department of Administration to promulgate
legislative rules,
Com. Sub. for H. B. 4562, Prescribing certain requirements for a license to practice
embalming and funeral directing,
H. B. 4582, Relating to leasing of property held by the Division of Highways,
H. B. 4595, Authorizing the Board of Treasury Investments to retain, rather than require it
to retain, one employee with a chartered financial analyst designation,
Com. Sub. for H. B. 4601, Increasing the amount transferred to the Special Operating Fund
in the State Treasury for the Auditor's Public Utilities Division and dedicate the increased amount
to pay for public utility litigation expenses,
Com. Sub. for H. B. 4690, Relating to changing West Virginia University Institute of
Technology to the West Virginia Institute of Technology,
H. B. 4746, Requiring persons who have been convicted of a felony involving the use or
threatened use of a firearm to report to sheriff when visiting a county courthouse,
H. B. 4846, Providing one-time supplements to certain annuitants,
H. B. 4847, Relating to group limited health benefits insurance plans,
H. B. 4849, Relating to the West Virginia Sunset Law,
And,
H. B. 4850, Expediting the sunrise application process.
Com. Sub. for H. B. 2146, Relating to payment to magistrates who serve temporarily outside
their elected counties,
H. B. 4279, Relating to the Massage Therapy Licensure Board,
H. B. 4494, Finding and declaring certain claims against the state and its agencies to be moral
obligations of the state,
Com. Sub. for H. B. 4513, Permitting insurance fraud investigators to present criminal
complaints directly to a magistrate and to extend the statute of limitations for certain insurance
related misdemeanors to three years,
H. B. 4580, Creating the "special district excise tax administration fund" in the State
Treasury,
Com. Sub. for H. B. 4630, Creating a Voluntary Compliance Program based on listed
transactions considered abusive by the Internal Revenue Service,
And,
H. B. 4654, Relating to the West Virginia Retiree Health Benefit Trust Fund.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell, Michael and Schoen.
Miscellaneous Business
Delegate Hall asked and obtained unanimous consent that the remarks of Delegate Perdue and questions and answers regarding H. B. 4021 be printed in the Appendix to the Journal.
At 3:15 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:00 p.m.,
and reconvened at that time.
Committee Reports
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 4785, Allowing school service personnel the opportunity to vote on giving transfer
preference to employees from a merged school,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill 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:
H. B. 4651, Relating to continuing the statewide poison center generally,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4651) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2306, Requiring that annual reports be recorded on CD-Rom distribution,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2306 - "A Bill to amend and reenact §4-1-23 of the Code of West
Virginia, 1931, as amended; to amend and reenact §5-1-20 of said code, and to amend said code by
adding thereto a new section, designated §30-1-17; all relating to permitting that reports may be
submitted on an electronic computer disc or CD-Rom,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 2306) was taken up for immediate consideration, read a first time and then ordered to
second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3186, Establishing an Industrial Advisory Board to oversee the application process for
pest control certification exams,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3186 - "A Bill to amend and reenact §19-16A-4 of the Code of West
Virginia, 1931, as amended; relating to a rule proposal by the Commissioner,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 3186) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4648, Granting the board of medicine flexibility under special circumstances to issue
a license to applicants who otherwise do no meet the requirement of the article,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4648 - "A Bill to amend and reenact §30-3-10 of the Code of West
Virginia, 1931, as amended, relating to licensure requirements of the board of medicine to practice
medicine, surgery and podiatry; prohibiting the licensure of a person who lost his or her license to
practice in another state until it is reinstated in that state; and granting flexibility under special
circumstances to issue a license to an applicant who otherwise does not meet the requirement,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 4648) was taken up for immediate consideration, read a first time and then ordered to
second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4790, Prescribing and modifying the duties of the Secretary of the Department of
Health and Human Resources in child welfare placement,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4790 - "A Bill to amend and reenact §49-2B-2, §49-2B-3 and §49-2B-4
of the Code of West Virginia, 1931, as amended, relating to the authority to promulgate emergency rules providing for voluntary registration of relative family child care homes and informal family
child care homes,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 4790) was taken up for immediate consideration, read a first time and then ordered to
second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4276, Updating the regulation of the practice of landscape architecture,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4276 - "A Bill to repeal §30-22-5a of the Code of West Virginia, 1931,
as amended; to amend and reenact §30-22-1, §30-22-2, §30-22-3, §30-22-4, §30-22-5, §30-22-6,
§30-22-7, §30-22-8, §30-22-9, §30-22-10, §30-22-11, §30-22-12, §30-22-13, §30-22-14, §30-22-15,
§30-22-16, §30-22-17 and §30-22-18; and to amend said code by adding thereto eleven new sections,
designated §30-22-19, §30-22-20, §30-22-21, §30-22-22, §30-22-23, §30-22-24, §30-22-25,
§30-22-26, §30-22-27, §30-22-28 and §30-22-29, all relating to updating the regulation of the
practice of landscape architecture; definitions; board composition; powers and duties of the board;
clarifying rulemaking authority; license, temporary permit and certificate of authorization
requirements; exemptions; hearing and notice requirements; providing a civil cause of action;
criminal penalties; and continuation of the board,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 4276) was taken up for immediate consideration, read a first time and then ordered to second reading.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary
and reported with the recommendation that it do pass, by unanimous vote of the Committee), which
was read by its title, as follows:
By Delegates Morgan, Craig, Webster, Hamilton, Howard, Pino, Moore, DeLong,
Ellem, Long and Hrutkay:
H. B. 4854 - "A Bill to amend and reenact §62-6B-3 of the Code of West Virginia, 1931, as
amended, relating to expert opinions of licensed psychologists in treatment and evaluation of
children and taking testimony of child witness through use of live two-way closed circuit television.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4854) was taken up for immediate consideration, read a first time, ordered to second reading and
then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4695, Relating to residential rental security deposits,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4695 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5,
and §37-6A-6, relating to residential rental security deposits; relevant definitions; security deposits;
maintenance of records; prohibited provisions in rental agreements; remedies upon landlord's non-
compliance; application of article; security deposits prior to effective date of article,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4695) was taken up for immediate consideration, read a first time and then ordered to
second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4774, Allowing the Secretary of State's Office to amend it rule to allow for the sale of
the code of state rules,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4774) was taken up for immediate consideration, read a first time, ordered to second reading and
then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4247, Relating to the time period for which state banks must retain records,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4247) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4596, Relating to the Director of the Office of Miners' Health, Safety and Training,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 4596 - "A Bill to amend and reenact §22A-1-3 of the Code of West
Virginia, 1931, as amended, relating to the director of the Office of Miners' Health, Safety and
Training; providing the Secretary of the Department of Commerce as interim director; revising
qualifications for the director; providing for appointment of an acting director; and establishing
minimum qualification for the acting director,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for H. B. 4596) was taken up for immediate consideration, read a first time, ordered to second
reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent
Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3173, Increasing the penalties for child abuse,
H. B. 4414, Providing criminal penalties for violating a peace bond,
H. B. 4616, Encouraging consistent statutory construction of state and federal consumer
protection laws,
H. B. 4622, Reducing certain oil and gas well and methane gas well performance bonds,
H. B. 4693, Relating to coverage of prescription drugs classified as antihemophilic
medications,
H. B. 4739, Permitting county sheriffs who issue licenses to carry concealed weapons to deny
such licenses to applicants who have been convicted of a misdemeanor sexual offense,
H. B. 4753, Relating to regulation and procedures for the cleanup of clandestine drug
laboratories,
H. B. 4754, Providing that personnel carriers used to transport miners must be maintained
at the working section,
H. B. 4804, Relating to drilling gas wells near active coal mines,
H. B. 4817, Authorizing Harrison County court to use unexpended funds to acquire a new
fire fighter's school building,
And,
H. B. 4842, Updating the terms of the West Virginia Skiing Responsibility Act,
And reports the same back without recommendation as to their passage.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
(H. B. 3173, H. B. 4414, H. B. 4616, H. B. 4622, H. B. 4693, H. B. 4739, H. B. 4753, H. B. 4754,
H. B. 4804, H. B. 4817 and H. B. 4842) were taken up for immediate consideration, each read a first
time and ordered to second reading and recommitted to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 170 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4, §16-
29G-5, §16-29G-6, §16-29G-7 and §16-29G-8, all relating to the establishment of the West Virginia
Health Information Network; establishing purpose of the network; setting up a board of directors;
establishing membership of the board; terms of office of the board; permitting promulgation of
legislative rules; establishing the powers and duties of the network; setting up a special revenue account; immunity from liability; property rights; dispute resolution; and confidentiality and privacy
of records"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
S. B. 216, Continuing Women's Commission.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 243 - "A Bill to amend and reenact §31A-8-5 of the Code of West
Virginia, 1931, as amended, relating to allowing banks to own shares of their own stock in certain
circumstances"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 426 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §21-11-13a, relating to penalties for employment or use
of unauthorized workers by contractors or subcontractors; empowering the commissioner and board
to issue injunctions for violations; and providing for suspension and permanent revocation of
licenses and fines"; which was referred to the Committee on Industry and Labor, Economic
Development and Small Business then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 438 - "A Bill to amend and reenact §33-20-2 and §33-20-3 of the Code of West
Virginia, 1931, as amended, all relating to providing for regulation of title insurance rates in the
same manner as casualty insurance rates"; which was referred to the Committee on Banking and
Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 497 - "A Bill to repeal §59-2-2 of the Code of West Virginia, 1931, as amended,
relating to requiring nonresidents to post security for court costs"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 509 - "A Bill to amend and reenact §17A-6A-3, §17A-6A-4, §17A-6A-
8, §17A-6A-8a, §17A-6A-10 and §17A-6A-15 of the Code of West Virginia, 1931, as amended, all
relating generally to automobile franchise law; relationship of automobile dealers, distributors and
manufacturers; providing clarification that material breach is required for good cause for cancellation
of dealer contract; providing factors to be considered for dealer and public interest in cancellation
of dealer contract; providing for compensation to a dealer from a manufacturer when a brand or line
is phased out; expanding and clarifying prohibited practices; clarifying prohibited coercive acts when
requiring a dealer enter into an agreement; adding requirement that manufacturers and distributors
use fair and reasonable performance standards that are statistically sound and verifiable; exception
for volume purchases; prohibiting manufacturers and distributors from requiring facility upgrades
as a condition of offering certain vehicle models; requiring manufacturer or distributor responsibility
for all damage to vehicles prior to dealer taking possession; and providing for payment of reasonable expenses for professional services by the manufacturer or distributor prior to the exercise of a first
right of refusal"; which was referred to the committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 567 - "A Bill to amend and reenact §5B-1-2 of the Code of West
Virginia, 1931, as amended; to amend and reenact §5B-2A-1, §5B-2A-3 and §5B-2A-4 of said code;
to amend and reenact §5D-1-4 of said code; to amend and reenact §5F-2-1 of said code; to amend
said code by adding thereto a new chapter, designated §5H-1-1, §5H-1-2 and §5H-1-3; and to amend
and reenact §22-3A-7 of said code, all relating to the creation of the Division of Energy within the
Department of Commerce; charging the Division of Energy to develop energy policies; placing the
Office of Coalfield Community Development within the Division of Energy; creating the position
of the Executive Director of the Division of Energy; charging the Executive Director of the Division
of Energy to administer functions of the West Virginia Public Energy Authority; providing the
executive director acts under the authority of the Secretary of Commerce; providing the executive
director has authority over the Office of Coalfield Community Development and the Energy
Efficiency Program of the West Virginia Development Office; providing the Public Energy
Authority, the Office of Coalfield Community Development, executive director and other public
agencies develop an energy policy and development plan and seek public input thereof; providing
the executive director is a nonvoting member of the Public Energy Authority; requiring the
submission of an energy policy and development plan to the Governor and Joint Committee on
Government and Finance; setting forth the matters to be addressed in the energy policy and
development plan; providing that the executive director shall prepare an energy use database;
providing that the executive director shall promote initiatives to enhance the nation's energy security;
providing that the executive director shall encourage the development of energy infrastructure and strategic resources that will ensure the continuity of governmental operations in situations of
emergency, inoperativeness or disaster; providing a termination date for the Division of Energy; and
providing funding for the Division of Energy"; which was referred to the Committee on Government
Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 619 - "A Bill to amend and reenact §33-20F-5 of the Code of West Virginia, 1931, as
amended, relating to the governance and organization of the West Virginia Mutual Insurance
Company; and removing a restriction limiting service on the board of directors of the company to
two consecutive terms"; to the Committee on Banking and Insurance then Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 760 - "A Bill to amend and reenact §22A-9-1 of the Code of West Virginia, 1931, as
amended, relating to providing that a former director of the West Virginia University School of
Mines may be selected to serve on the Mine Inspectors' Examining Board"; which was referred to
the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 772 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §16-5Q-4, relating to subrogation rights of the Department of Health and
Human Resources on behalf of the James 'Tiger' Morton Catastrophic Illness Commission from personal insurance or other sources; legal assignment of rights; setting forth effect of subrogation;
allowing action for compensatory damages; notice to the Department of Health and Human
Resources of intent to enter judgment, award or settlement; giving the Department of Health and
Human Resources right to assert interest through assignment; and providing for attorney fees"; which
was referred to the Committee on Health and Human Resources then the Judiciary.
Miscellaneous Business
Delegate Trump announced that he was absent on Friday, February 24, 2006, when the votes
were taken on Roll Nos. 164 and 167 through 176, and that had he been present, he would have
voted "Yea" thereon.
At 6:17 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 28, 2006.