WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
THIRD DAY
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Charleston, W. Va., Friday, January 13, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Father Dismas Young, St. Anthony
Catholic Church, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, January 12,
2006,
On motion of Senator Fanning, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President) presented a communication from
the Office of the Insurance Commissioner, submitting its schedule
of maximum fees paid to providers of medical services rendered to
workers with compensable injuries as required by chapter twenty-
three, article four, section three of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the West Virginia State Police, submitting its annual report on its
effectiveness in recruiting minorities and females, in accordance
with chapter fifteen, article two, section seven of the code of
West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Chafin:
Senate Bill No. 142--A Bill to amend and reenact §3-8-12 of
the Code of West Virginia, 1931, as amended, relating to increasing
from one thousand dollars to four thousand dollars the amount an
individual may contribute in connection with any campaign for
nomination or election.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Dempsey, Love and Foster:
Senate Bill No. 143--A Bill to amend and reenact §30-5-1b of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §30-5-6b, all relating
to pharmacies and pharmacists; defining terms; authorizing remote
dispensing and delivery of prescription drugs; and authorizing
Board of Pharmacy to propose legislative rules.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler and Hunter:
Senate Bill No. 144--A Bill to amend and reenact §33-2-15b and
§33-2-19 of the Code of West Virginia, 1931, as amended, all
relating to authorizing certain information to be provided to the
Legislature by the Insurance Commissioner.
Referred to the Committee on Banking and Insurance.
By Senators Jenkins, Hunter and Prezioso:
Senate Bill No. 145--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5, all
relating to requiring the State Board of Education to adopt and
disseminate guidelines for the development and implementation of
individual diabetes care plans; and requiring local boards of
education to implement these guidelines.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Education.
By Senators Hunter, Kessler, Dempsey, Foster, Lanham, McCabe
and Jenkins:
Senate Bill No. 146--A Bill to amend and reenact §21-5C-2 of
the Code of West Virginia, 1931, as amended, relating to minimum
wages.
Referred to the Committee on Labor; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter, Kessler, Dempsey, Foster, Lanham, McCabe
and Jenkins:
Senate Bill No. 147--A Bill to amend and reenact §9-4A-2a of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §21-3E-1, §21-3E-2,
§21-3E-3, §21-3E-4, §21-3E-5, §21-3E-6, §21-3E-7, §21-3E-8 and §21-
3E-9, all relating to the West Virginia Fair Share Health Care Act;
title and purpose of act; definitions; assessments against large
employers who spend fewer than eight percent or six percent of
total wages on employee health care in this state; deposit of
assessments by Commissioner of Labor in Medical Services Trust
Fund; prohibition against passing cost of assessment on to
employees; information required to be reported to the commissioner
by every employer and manner of reporting; penalties for late
reporting and failure to pay assessment; matters to be reported by
the commissioner to the Governor and the Legislature; duties of
commissioner; and severability.
Referred to the Committee on Labor; then to the Committee on
Health and Human Resources; and then to the Committee on Finance.
By Senators Bowman, Love and Jenkins:
Senate Bill No. 148--A Bill to amend and reenact §11-13Q-2 and
§11-13Q-3 of the Code of West Virginia, 1931, as amended, all
relating to the economic opportunity tax credit; finding that creating jobs with health care benefits promotes the public
interest and the general welfare; and requiring that eligible
taxpayers provide certain health care benefits to their employees
in this state.
Referred to the Committee on Health and Human Resources; then
to the Committee on Economic Development; and then to the Committee
on Finance.
By Senator Sharpe:
Senate Bill No. 149--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9i, relating to providing that the exemption from
consumers sales and service tax for drugs, durable medical goods,
mobility-enhancing equipment, prosthetic devices and insulin does
not apply to purchases by health care providers for use in
providing professional or personal services.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 150--A Bill to amend and reenact §29-22B-702
of the Code of West Virginia, 1931, as amended, relating to
prohibiting the placement of automated teller machines in
establishments that contain video lottery terminals.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Deem and Hunter:
Senate Bill No. 151--A Bill to amend and reenact §29-22B-1902
of the Code of West Virginia, 1931, as amended, relating to
allowing a county commission to provide, by ordinance, for
regulation and restriction of the location of any premises in which
a limited video lottery retailer holds a license.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Hunter, Kessler, Dempsey, Foster, Oliverio, Lanham,
Plymale, Edgell, McCabe and Jenkins offered the following
resolution:
Senate Concurrent Resolution No. 20--Urging the United States
Congress increase the federal minimum wage.
Whereas, Over two million American workers are paid an hourly
wage at or below the federal minimum wage; and
Whereas, A disproportionately high number of older workers,
women and racial minorities are employed in minimum wage and
subminimum wage jobs; and
Whereas, The annual earnings of a full-time minimum wage
worker are only one third of the average American worker, the
lowest ratio since 1949; and
Whereas, Full-time minimum wage workers currently earn just
$10,700 per year, which is $5,000 below the official poverty line
for a family of three; and
Whereas, A person making the minimum wage today would have to
work for the better part of an hour just to afford a single gallon
of milk or a gallon of gas; and
Whereas, For the first time, the annual cost of health care
premiums for a family of four has surpassed the annual income of a
minimum wage earner; and
Whereas, Once an adjustment for inflation is taken into
account, the purchasing power of the minimum wage has now declined
to its second lowest level since 1955;
Whereas, Since the inception of the minimum wage, there has
been only one other period, 1981 to 1990, in which the minimum wage
remained unchanged for more than eight years; and
Whereas, The United States Congress last voted to increase the
federal minimum wage in 1997 to $5.15; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress
to increase the federal minimum wage; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to West Virginia's
congressional delegation.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 18, Requesting Joint
Committee on Government and Finance study eliminating incarceration for certain misdemeanors.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 19, Requesting Division of
Highways name bridge at Miller's Creek, Mingo County, "Arnold J.
Starr Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, January 16, 2006, at 11 a.m.
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