WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FIFTY-FIRST DAY
____________
Charleston, W. Va., Thursday, March 2, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Alford Duncan, New Covenant
Fellowship, Lumberport, West Virginia.
Pending the reading of the Journal of Wednesday, March 1,
2006,
On motion of Senator Kessler, 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.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2016--A Bill to amend and reenact §50-1-9a
of the Code of West Virginia, 1931, as amended, relating to the
administration of magistrate courts generally; increasing the
maximum number of magistrate court deputy clerks that may be
appointed from sixty-two to seventy-two; and providing that magistrate court deputy clerks be paid on an annual basis.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2090--A Bill to amend and reenact §55-7A-2
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §61-11A-2 of said code, all relating to defining victim so
as to include a person who has been damaged as a result of the
commission by a juvenile of a felonious act; and increasing the
parents' liability for the willful, malicious or criminal acts of
their children.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2146--A Bill to amend and
reenact §50-1-13 of the Code of West Virginia, 1931, as amended,
relating to payment to magistrates who serve temporarily in another
county.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2153--A Bill to amend and reenact
§31-20-27 of the Code of West Virginia, 1931, as amended, relating
to Regional Jail and Correctional Facility Authority employees; and
requiring classified service designation for certain employees of
the regional jails and the Northern Regional Jail and Correctional
Facility.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2853--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-2D-1, §17-2D-2, §17-2D-3 and §17-2D-4, all relating
to the West Virginia Courtesy Patrol; providing a purpose;
continuing the Courtesy Patrol Program, administered by the Division of Highways; creating the Courtesy Patrol Commission;
providing for membership and compensation of members; providing
that the commission report its findings and recommendations to the
Legislature.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2974--A Bill to amend and reenact §5-16-13
of the Code of West Virginia, 1931, as amended, relating to public
employees insurance generally; eliminating a gap in employment for
certain Alcoholic Beverage Control Commission employees subject to
a reduction in force and who are reemployed; and specifying
applicable periods of time.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3201--A Bill to amend and
reenact §51-2A-6 of the Code of West Virginia, 1931, as amended,
relating to the compensation of secretary-clerks and case
coordinators to family court judges.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3295--A Bill to amend and reenact §11A-2-
13 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §11A-3-2 and §11A-3-13 of said code, all relating to
delinquent property taxes; and increasing certain fees charged to
collect the taxes.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3309--A Bill to amend and reenact §11-13A-
2 of the Code of West Virginia, 1931, as amended, relating to
exempting comprehensive mental health mental retardation centers
from the severance tax.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments, as amended
by the House of Delegates, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendments to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 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.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the Senate
amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
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 than two hundred 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 health care 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
subdivision (1), subsection (a), 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, 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 this article 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.;
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
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:;
And,
On pages one through four, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 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; 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.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the Senate amendments to the bill
(Eng. Com. Sub. for H. B. No. 4021) and requested the House of
Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Labor; then to the Committee on
the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4030--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §15-2-9, relating to limiting the
administration of a voluntary contribution fund or similar benefit
plan by members and employees of the West Virginia State Police.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4031--A Bill to repeal §5A-
3-33a of the Code of West Virginia, 1931, as amended; to amend and
reenact §5A-1-1 of said code; to amend and reenact §5A-3-4, §5A-3-
5, §5A-3-10, §5A-3-10a, §5A-3-11, §5A-3-19, §5A-3-33d and §5A-3-45 of said code; to amend said code by adding thereto six new
sections, designated §5A-3-9a, §5A-3-10b, §5A-3-10c, §5A-3-11a,
§5A-3-11b and §5A-3-11c; and to amend and reenact §5A-3C-11 of said
code, all relating to the Purchasing Division of the Department of
Administration; providing for the powers and duties of the
director; defining certain terms; providing for the director to
promulgate legislative rules on contract management procedures,
division procedures for oversight of contract management,
cancellation of contracts and selling surplus commodities by means
of an internet auction site; increasing the annual vendor fee;
establishing a fund for fees; providing for specification standards
to include cost of maintenance and expected life of commodities;
increasing the minimum contract amount requiring competitive bids;
providing for competitive bids to be opened publicly; providing
requirements for competitive bids; requiring spending units to
report multiple contract awards to a single vendor; authorizing the
director to conduct compliance reviews of spending units; providing
for bids by electronic transmission; providing for bid solicitation
requirements; modifying prohibition against awarding contracts to
debtors of state; providing for best value procurement; providing
for sole source procurement; providing requirements for open market
purchases; increasing the maximum amount of purchases which may be
made in the open market; providing requirements for contract
awards; providing requirements for the delivery of bids to the
Purchasing Division; deleting the requirements for duplicate bids;
authorizing the director to engage in negotiations and discussions with responsible bidders and to obtain best and final offers;
providing for contract awards to multiple vendors; authorizing the
director to participate in, sponsor, conduct or administer
cooperative purchasing agreements or consortia; providing grounds
for debarment of vendors; providing for the disposition of surplus
state property by means of an internet auction site; and providing
that contracts executed pursuant to the Pharmaceutical Availability
and Affordability Act of 2004 are not subject to state purchasing
requirements.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4053--A Bill to amend and
reenact §20-2-28 of the Code of West Virginia, 1931, as amended,
relating to providing that active military personnel stationed in
this state need not obtain a hunting, fishing or trapping permit;
and providing that students less than eighteen who are receiving
instruction in fly fishing only to catch and release need not
obtain a fishing license.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2006, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4077--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18A-4-2b, relating to establishing a state
minimum salary supplement for professional personnel holding
professional certification in speech-language pathology, audiology
or counseling; limitations; applicability; and state board rule.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4108--A Bill to amend and
reenact §30-14A-1 of the Code of West Virginia, 1931, as amended,
relating to osteopathic physician assistants; and allowing an
osteopathic physician and surgeon to supervise up to three
physician assistants generally.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4121--A Bill to amend and reenact §61-8-9
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §61-8B-1 of said code, all relating to sexual offenses
involving children; enhancing the penalty for indecent exposure
where the victim is a child under the age of fourteen; increased
penalties for second and subsequent offenses; and expanding the
definition of sexual contact to include the touching of the
buttocks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4126--A Bill to amend and
reenact §18A-4-7b of the Code of West Virginia, 1931, as amended,
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.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4135--A Bill to amend and
reenact article 3, chapter 64 of the Code of West Virginia, 1931,
as amended, 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 nonelectric
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; authorizing the Department
of Environmental Protection to promulgate a legislative rule
relating to the requirements governing water quality standards;
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.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4172--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931,
as amended, 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 Department of Administration to
promulgate a legislative rule relating to leasing space on behalf
of state spending units; authorizing the Department of
Administration to promulgate a legislative rule relating to
selecting design-builders under the Design-Build Procurement Act;
authorizing the Department of Administration to promulgate a
legislative rule relating to cannibalization of state property;
authorizing the Department of Administration to promulgate a
legislative rule relating to waste disposal of state property;
authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeals;
authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to the Teachers' Defined Benefit Plan;
authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to service credit for accrued and
unused sick and annual leave; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to the
West Virginia State Police; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to the
Deputy Sheriff Retirement System; authorizing the Ethics Commission
to promulgate a legislative rule relating to the commission;
authorizing the Ethics Commission to promulgate a legislative rule
relating to complaints, investigations and hearings; authorizing
the Ethics Commission to promulgate a legislative rule relating to
lobbying; authorizing the Ethics Commission to promulgate a
legislative rule relating to a code of conduct for administrative
law judges; authorizing the Ethics Commission to promulgate a
legislative rule relating to the filing of verified time records;
authorizing the Ethics Commission to promulgate a legislative rule
relating to compliance audits; and authorizing the Ethics
Commission to promulgate a legislative rule relating to ethics
training requirements for designated public officials.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4192--A Bill to amend and
reenact article 6, chapter 64 of the Code of West Virginia, 1931,
as amended, 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.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4210--A Bill to amend and
reenact article 10, chapter 64 of the Code of West Virginia, 1931,
as amended, 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.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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 of said code; 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 rule-
making 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.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4279--A Bill to amend and reenact §30-37-7, §30-37-8, §30-37-9, §30-37-10 and §30-37-11 of the Code of West
Virginia, 1931, as amended, all relating to the Massage Therapy
Licensure Board; discontinuing waiver of requirements for
licensure; providing that board may require licensees formerly
licensed by waiver to meet certain requirements to reinstate lapsed
licenses; providing grounds for denial of renewal of licenses;
prohibiting practicing under lapsed license; providing for
disciplinary sanctions for certain prohibited acts; clarifying that
students of massage therapy may not charge or receive fees; and
increasing civil penalties.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4293--A Bill to amend and reenact §11A-3-
19 of the Code of West Virginia, 1931, as amended, relating to
requiring purchasers of real estate subject to tax liens to pay for
notices to redeem.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4321--A Bill to amend and reenact §16-35-3
and §16-35-7 of the Code of West Virginia, 1931, as amended, all
relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4351--A Bill to amend and
reenact º33-3-33 of the Code of West Virginia, 1931, as amended,
relating to providing for administration and training expenses from
Fire Protection Fund revenue to the West Virginia State Fire Chiefs
Association and the West Virginia State Fireman's Association;
eligibility and requirements for receipt of funds; and exempting
both associations from eligibility and spending requirements
provided for volunteer and part-volunteer fire company or
department.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4360--A Bill to amend and reenact §15-10-4
of the Code of West Virginia, 1931, as amended, relating to
authorizing law-enforcement officials to deputize law-enforcement
personnel employed by out-of-state jurisdictions; and conditions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4370--A Bill to amend and reenact §8-15-8b
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §8-15-8d, all
relating to authorizing certain volunteer fire departments to
establish a special fund to make awards to qualified volunteers.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4371--A Bill to amend and reenact §17A-10-
3 of the Code of West Virginia, 1931, as amended, relating to
registration fees for vehicles; and 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.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2006, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4393--A Bill to amend and
reenact §18-9A-7 of the Code of West Virginia, 1931, as amended,
relating to adjusting foundation allowance for fuel costs portion
of transportation costs; providing method for adjustments;
simplifying language; clarifying conflicting provisions; and
removing obsolete provisions.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2006, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4398--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§18-9A-10a, all relating to improving the capacity of county boards
of education to provide school health services; authorizing
contracting with health care agencies generally; providing for
distribution to counties of appropriations to support service needs
that exceed the established capacity; changing the authorization
for rule promulgation on the training and standards for specialized
health procedures performed by school personnel from the Public
Health Commissioner to the West Virginia Board of Education; and
increasing the number of nurses to meet the one to fifteen hundred
ratio established in code.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4414--A Bill to amend and reenact §62-6-2
of the Code of West Virginia, 1931, as amended, relating to
providing criminal penalties for violating a peace bond.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4445--A Bill to amend and reenact §20-3-11
of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Division of Forestry to recover
costs incurred in fighting fires.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4469--A Bill to amend and
reenact §20-5-2 of the Code of West Virginia, 1931, as amended,
relating to the administration of state parks; providing the
Natural Resources Commission authority to promulgate rules to
permit and regulate the hunting of white-tail deer in state parks;
providing that interest on investment of parks operational revenue
is to be used exclusively for benefit of the state parks and public
recreation system; and allowing certain designated parks to raise
the minimum bank deposit from two hundred fifty dollars to five
hundred dollars.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4474--A Bill to amend and reenact §11-21-
10 of the Code of West Virginia, 1931, as amended, relating to the
low income exclusion.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4494--A Bill finding and declaring certain
claims against the state and its agencies to be moral obligations of the state and directing the Auditor to issue warrants for the
payment thereof.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4510--A Bill to amend and reenact §5-14-2,
§5-14-3, §5-14-5 and §5-14-6 of the Code of West Virginia, 1931, as
amended, all relating to the West Virginia Commission for the Deaf
and Hard-of-Hearing generally; removing the requirement that the
commission maintain a register of persons who are deaf or hard-of-
hearing; removing the requirement that the commission conduct and
maintain a census of both populations in West Virginia; clarifying
the voting power of certain members of the commission; and making
certain other technical changes.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4513--A Bill to amend and
reenact §33-4-8 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated
§33-41-8b; and to amend and reenact §33-41-11 of said code, all
relating to insurance fraud; clarifying that the insurance code
contains specific criminal penalties for felony offenses;
authorizing certain employees of the fraud unit of the Insurance
Commission to present criminal complaints directly to a magistrate;
and extending the statute of limitations for certain misdemeanors
involving insurance fraud.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2006, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4518--A Bill to amend and
reenact §18A-4-8g and §18A-4-15 of the Code of West Virginia, 1931,
as amended, all relating to substitute service personnel filling
certain positions; and accumulation of substitute employee
seniority.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2006, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4544--A Bill to amend and
reenact §18A-3-3a of the Code of West Virginia, 1931, as amended,
relating to reimbursement of teachers for courses completed toward
certification renewal and additional endorsement; removing division
between these areas of funds appropriated for reimbursements; and
limiting the number of courses for which certain reimbursement may
be paid per certain period, year and lifetime.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4547--A Bill to amend and reenact §18-30-6
of the Code of West Virginia, 1931, as amended, relating to the
Prepaid Tuition Trust Fund; and increasing the funds available for
transfer to the Prepaid Tuition Trust Escrow Fund in certain
circumstances.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4556--A Bill to amend and reenact §17C-13-
6 of the Code of West Virginia, 1931, as amended, relating to the
enforcement of accessible parking spaces for motorists with
mobility impairments; requirements for designated spaces; and marking designated spaces as tow-away zones.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4562--A Bill to amend and
reenact §30-6-3, §30-6-12 and §30-6-31 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §30-6-17a, all relating to
requirements of the Board of Funeral Service Examiners; providing
definitions; providing for licensure based on work experience;
providing that student interns may practice under direct
supervision; and providing licensure exemption for clinical
operations of an approved school of mortuary science.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4580--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-10-11b, relating to creation of a fund in the State
Treasury; designating the fund as the "Special District Excise Tax
Administration Fund"; and authorizing expenditure of the fund for
designated purposes.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4582--A Bill to amend and reenact §17-2A-
19 of the Code of West Virginia, 1931, as amended, relating to
leasing of property held by the Division of Highways; allowing the
Commissioner of the Division of Highways to lease certain property
owned by the division to organizations qualified under Section
501(c)(3) of the Internal Revenue Code of 1986, as amended, which
owns property abutting or which is in close proximity to the
property to be leased, for less than the fair market value.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4595--A Bill to amend and reenact §12-6C-7
and §12-6C-9 of the Code of West Virginia, 1931, as amended, all
relating to authorizing the Board of Treasury Investments to
retain, rather than require it to retain, one employee with a
chartered financial analyst designation or an employee who is a
certified treasury manager; removing the restriction on investing
in mortgage-backed securities; and adding certificates of deposit
as an investment.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4598--A Bill to amend and reenact §11-1C-
14 of the Code of West Virginia, 1931, as amended; to amend and
reenact §11-10-5w of said code; and to amend and reenact §11-13A-3a
of said code, all relating to information provided on oil and gas
property tax returns; providing limited information relating to oil
and gas property that may be disclosed by certain state agencies;
and eliminating by the first day of July, two thousand six, the
requirement for a combined oil and gas property tax return.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4601--A Bill to amend and
reenact §11-6-26 of the Code of West Virginia, 1931, as amended,
relating to increasing the portion of property tax revenues that
may be used to reimburse the state tax division for its operating
costs in carrying out its duties related to the property tax
assessment of public utilities.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4606--A Bill to amend and reenact §30-40-
20 of the Code of West Virginia, 1931, as amended, relating to the
Real Estate Licensing Act generally; and eliminating the
requirement that complaints be verified.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4611--A Bill to amend and reenact §15-5-11
of the Code of West Virginia, 1931, as amended, relating to
immunity from civil liability in certain circumstances; providing
immunity from civil liability for death or injury to any person or
damage to any property caused by a duly qualified mine rescue team
designated by a mine operator performing or engaging in emergency
rescue services; and providing that certain emergency programs may
be established by the Division of Homeland Security and Emergency
Management and not limited to the Office of Emergency Services.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4622--A Bill to amend and reenact §22-6-26
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §22-21-6 and §22-21-8 of said code, all relating to oil and gas well and methane gas well performance bonds; reducing bond
amounts; and increasing certain permit fees.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4623--A Bill to amend and reenact §16-1-6
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §16-2-11 of said code, all relating to reports of
inspections of schools by local boards of health; and authorizing
the Commissioner of the Bureau for Public Health to promulgate and
establish standards for these inspections.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4630--A Bill to amend and
reenact §11-10-15 and §11-10-18 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new article,
designated §11-10E-1, §11-10E-2, §11-10E-3, §11-10E-4, §11-10E-5,
§11-10E-6, §11-10E-7, §11-10E-8, §11-10E-9 and §11-10E-10, all
relating to creating a voluntary disclosure program; requiring
disclosure of certain tax shelters used to avoid paying state
income taxes; extending the statute of limitations for issuing
assessments related to failures to disclose a listed transaction;
and imposing penalties for promoting abusive tax shelters relative
to failing to report listed transactions, reportable transaction
understatements, failing to participate in the voluntary disclosure
program and for failing to register a tax shelter or maintain
required list.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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; and providing that certain employment-
related expenses are excluded from gross income.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4651--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18B-11B-1, §18B-11B-2, §18B-11B-3, §18B-11B-4, §18B-
11B-5 and §18B-11B-6, all relating to continuing the statewide
poison center generally; setting forth legislative findings;
providing for the continuation of the poison center as the West
Virginia Poison Control Center; requiring certification;
establishing an advisory board; providing for an annual report;
setting forth certain responsibilities of the West Virginia Poison
Control Center; setting forth certain powers and responsibilities
of the director of the center; and providing for general immunity for the center and its employees for actions taken in good faith.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4654--A Bill to amend and reenact §5-16-5
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new article, designated §5-16D-1, §5-16D-
2, §5-16D-3, §5-16D-4, §5-16D-5 and §5-16D-6, all relating to the
Public Employees Insurance Agency; establishing the West Virginia
Retiree Health Benefit Trust Fund; providing for post-employment
health care benefits, operation and funding; and establishing that
the eighty-twenty split between employer and employee for the
scheduled increase in health care costs for employees shall be
partially offset by a legislative appropriation.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4678--A Bill to amend and reenact §22-15-
22 of the Code of West Virginia, 1931, as amended, relating to the
regulation of land-based finfish aquaculture facilities; and
exempting them from certain sludge management requirements.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4685--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-5U-1, §16-5U-2 and §16-5U-3, all relating to the
"Arthritis Prevention Education Act"; establishing an arthritis
prevention and treatment education program; requiring the Bureau
for Public Health to establish strategies to promote and maintain
an arthritis prevention education program; and establishing an
interagency council on arthritis.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4690--A Bill to repeal §18B-
2-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18B-1C-1 and
§18B-1C-2, all relating to changing West Virginia University
Institute of Technology to the Montgomery campus of West Virginia
University; making it a fully integrated division of West Virginia
University; consolidating administrative and academic units;
assigning direction and support of such units to West Virginia
University; and establishing legislative findings and intent
regarding a collaborative engineering program between the
Montgomery campus of West Virginia University and the Dow Research
Park.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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, all relating to residential rental security
deposits; relevant definitions; security deposits; maintenance of
records; prohibited provisions in rental agreements; remedies upon
landlord's noncompliance; application of article; and security
deposits prior to effective date of article.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4721--A Bill to amend and reenact §3-4A-19
of the Code of West Virginia, 1931, as amended, relating to the
authorization of special messengers appointed by the county clerk
to deliver the ballot box to the central county center.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4728--A 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.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4739--A Bill to amend and reenact §61-7-4
of the Code of West Virginia, 1931, as amended, relating to
permitting county sheriffs who issue licenses to carry concealed
weapons to deny such licences to applicants who have been convicted
of a misdemeanor sexual offense at the county sheriff's discretion.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4746--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-1-10, relating to persons who have been convicted of
a felony involving the use or threatened use of a firearm;
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; and providing criminal penalty for
violation.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4752--A Bill to amend and reenact §18-7A-
17 of the Code of West Virginia, 1931, as amended, relating to allowing the purchase of service credit in the State Teachers
Retirement System for temporary employment under the Comprehensive
Employment and Training Act (CETA); and specifying the cost of the
service credit purchased.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4774--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29A-2-7, relating to the publication of the Code of
State Rules; permitting the technical changes to the procedure
governing the publication of the rules; and allowing the use of
electronic media.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4785--A Bill to amend and reenact §18A-4-
8f of the Code of West Virginia, 1931, as amended, relating to
allowing school service personnel the opportunity to vote on giving
transfer preference to employees from a merged or consolidated
school or school facility.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 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, all relating to the authority to
promulgate emergency rules providing for voluntary registration of
relative family child care homes and informal family child care
homes.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4792--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §44-6-10, relating to authorizing the purchasing of
certain services from a bank or trust company or an affiliate of a
bank or trust company.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4793--A Bill to amend and reenact §5B-2-
12a of the Code of West Virginia, 1931, as amended, relating to
authorizing the Tourism Commission the use of the Tourism Promotion Fund to support the 2006 Washington, D. C., advertising campaign to
be promoted in the year two thousand six.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4817--A Bill to amend and reenact section
1, chapter 144, Acts of the Legislature, regular session, 1973,
relating to authorizing and empowering the Harrison County
Commission to use any unexpended sums and surpluses for a special
fund to be used to acquire a new firefighters' school building and
fire equipment in Harrison County; and allowing such funds to be
applied toward related grant costs and local matching funds
associated with the acquired firefighters' school building and fire
equipment.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4842--A Bill to amend and reenact §20-3A-2
and §20-3A-5 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §20-3A-
9, all relating to the Skiing Responsibility Act; amending and
adding definitions; modifying duties of ski skiers; and adding
provisions relating to ski competitions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4844--A Bill to amend and reenact §5-10-14
and §5-10-48 of the Code of West Virginia, 1931, as amended, all
relating to the employment of temporary legislative employees
generally; providing service credit for certain temporary
legislative employees for retirement purposes; and providing for
the reemployment of certain former legislative employees on a per
diem basis for limited periods without suspension of retirement
annuity.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4846--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22i; to amend and reenact §5E-1-8 of said code; to
amend said code by adding thereto a new section, designated §11-24-
43; and to amend said code by adding thereto a new section,
designated §18-7A-26t, all relating to providing one-time
supplements to certain annuitants; dedication of corporate net
income tax proceeds to pay for supplement; and supplying fiscal
support for such supplements by increasing available general revenue through the expiration of certain tax credits.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4847--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-16F-1, §33-16F-2, §33-16F-3, §33-16F-4, §33-16F-5,
§33-16F-6, §33-16F-7 and §33-16F-8, all relating to group limited
health benefits insurance plans; declaring legislative intent;
requiring approval of plans by Insurance Commissioner; providing
eligibility requirements for temporary, part time and seasonal
employees under such plans; setting forth statutory or regulatory
provisions that specifically do or do not apply to such plans;
authorizing Insurance Commissioner to forbear from enforcing
certain statutory and regulatory provisions; establishing criteria
for filing and approval of premium rates; authorizing Insurance
Commissioner to promulgate emergency rules; mandating disclaimer on
policies; exempting plans from premium taxes; providing for
severability; and providing rule of construction.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4848--A Bill to amend and reenact §18-2-7a
of the Code of West Virginia, 1931, as amended, relating to
requirements for physical education in the public schools; grouping
requirements by programmatic rather than grade levels; and
requiring state board rule on collection, use and reporting body
mass index data.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4849--A Bill to amend and reenact §4-10-4,
§4-10-4a, §4-10-5, §4-10-5a and §4-10-5b of the Code of West
Virginia, 1931, as amended, all relating to the West Virginia
sunset law; terminating agencies following full performance
evaluations; terminating agencies previously subject to full
performance evaluations following compliance monitoring and further
inquiry updates; terminating agencies following preliminary
performance reviews; terminating agencies previously subject to
preliminary performance reviews following compliance monitoring and
further inquiry updates; and terminating boards created to regulate
professions and occupations.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4850--A Bill to amend and reenact §30-1A-2 and §30-1A-3 of the Code of West Virginia, 1931, as amended, all
relating to expediting the sunrise application process.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 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.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2328, Giving precedential
application to written advisory opinions issued by the ethics
commission's committee on open governmental meetings.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4004, Relating to the use of
a traffic law photo-monitoring device to detect traffic law
violations.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Transportation and Infrastructure pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 4048, Placing limitations on the use of
eminent domain.
With amendments from the Committee on Economic Development pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Economic Development to which
the bill was first referred; and as last amended by the Committee
on Government Organization; but under the original triple committee
reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Economic Development and the Committee on
Government Organization pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 4069, Continuing the Rural Health Advisory
Panel until July 1, 2009.
Eng. House Bill No. 4239, Continuing the Division of
Unemployment Compensation.
Eng. House Bill No. 4310, Continuing of the Board of Risk and
Insurance Management.
And,
Eng. House Bill No. 4391, Continuing the State Rail Authority.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Eng. House Bill No. 4283, Providing a preference to West
Virginia veterans in the awarding of state contracts in the
competitive bidding process.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Military pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 4349, Continuing the Division of Motor Vehicles.
And has amended same.
Eng. House Bill No. 4350, Continuing the Family Protection
Services Board.
And has amended same.
And,
Eng. House Bill No. 4392, Continuing of the West Virginia
Conservation Agency.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4431, Allowing the clerk of
the county commission to set reasonable fees charged for electronic
or other medium versions of documents recorded in the office of
clerk of the county commission.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4431) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on the Judiciary pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4603, Authorizing rules for the Higher
Education Policy Commission and the West Virginia Council for
Community and Technical College Education regarding authorization
of degree-granting institutions.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 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.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
Senators Oliverio, Edgell, Hunter, Kessler, Bowman and
Prezioso offered the following resolution:
Senate Concurrent Resolution No. 68--Requesting the Division
of Highways name the bridge on I-68 at milepost 3.22, spanning
Route 64/1 in Monongalia County, the "Jack Fleming Memorial
Bridge".
Whereas, Leo W. "Jack" Fleming was a statewide legend as the
"Voice of the Mountaineers" from 1947 to 1996; and
Whereas, Jack Fleming was born in Morgantown and was a
graduate of West Virginia University; and
Whereas, Jack Fleming served with distinction as a United
States Air Corps navigator during World War II and flew 23 combat
missions; and
Whereas, Jack Fleming began his broadcasting career at Ashford
Military Hospital at the Greenbrier Resort and later became a
broadcaster for the West Virginia University Mountaineers, the
Pittsburgh Steelers and the Chicago Bulls; and
Whereas, Jack Fleming was one of the great sports broadcasters
of his generation and his talents were recognized on many occasions
through awards at the state and national level, including being
named seven-time West Virginia Broadcaster of the Year; receiving
West Virginia University's Order of Vandalia for outstanding
service to the state and West Virginia University in 1995, the Gene
Morehouse Award from the West Virginia Sportswriters in 1996 and
the Chris Schenkel Award from the College Football Hall of Fame for
his lifetime contributions to the profession and the sport in 1999;
and being inducted into the West Virginia University Sports Hall of
Fame in 2001; and
Whereas, Jack Fleming passed away in 2001, leaving behind a
rich legacy of service to the State of West Virginia and to West
Virginia University and it is only fitting that he be so honored
and remembered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge on I-68 at milepost 3.22, spanning Route 64/1 in
Monongalia County, the "Jack Fleming Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and
be placed signs identifying the bridge as the "Jack Fleming
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of the late Jack
Fleming.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Dempsey, Chafin, Bailey,
Edgell, Minear, Foster, Minard, Jenkins, Harrison, McCabe, Love,
Kessler, Bowman and Prezioso offered the following resolution:
Senate Resolution No. 38--Recognizing the dedication and
commitment of mine rescue teams in West Virginia.
Whereas, West Virginia's coal industry relies on mine rescue
teams to save miners during underground emergencies such as fires,
explosions, roof falls or water inundations; and
Whereas, There are more than 30 rescue teams in West Virginia
which train regularly and practice rescue missions under realistic
conditions. Mine rescue teams are also trained to provide
emergency medical care; and
Whereas, Mine rescue teams place themselves in jeopardy to
save the lives of their fellow miners; and
Whereas, Mine rescue teams fully understand the hazards that
may await them during rescue and recovery operations. They
approach dangerous conditions in mines by careful and methodical
exploration; and
Whereas, West Virginia mine rescue teams have proven their
expertise in mine rescue and recovery by winning several national
awards; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the dedication and
commitment of mine rescue teams in West Virginia; and, be it
Further Resolved, The Senate expresses its appreciation to mine rescue team members for their selfless contributions to the
mining industry in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Coal Association.
At the request of Senator Love, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senator Love regarding the adoption of
Senate Resolution No. 38 were ordered printed in the Appendix to
the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Resolution No. 36, Requesting Congress provide funding
for veterans' long-term care facility in Beckley.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Military.
Senate Resolution No. 37, Requesting Public Service Commission
grant certificates of convenience and necessity to solid waste
carriers in Berkeley and Jefferson counties.
On unfinished business, coming up in regular order, was
reported by the Clerk.
Senator Unger requested unanimous consent
that the resolution be taken up for immediate consideration.
Which consent was not granted, Senator Chafin objecting.
On motion of Senator Unger, the resolution was taken up for
immediate consideration, reference to a committee dispensed with,
and adopted.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 69, Increasing equity investments of
municipal policemen's and firemen's pension and relief funds.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Com. Sub. for Senate Bill No. 417, Relating to grievance
procedures for education employees.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Senate Bill No. 494, Requiring health insurance benefits
for certain public improvement project workers.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Com. Sub. for Senate Bill No. 753, Extending time for
Grant County board of education to meet as levying body.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Government Organization.
Eng. House Bill No. 4019, Relating to the preparation and
distribution of a digest or summary of the budget bill.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed House Bill No. 4019 pass?"
On the passage of the bill,
the yeas were: Bailey, Barnes,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Boley--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4019) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Boley--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4019) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Thereafter, at the request of Senator Oliverio, and by
unanimous consent, the remarks by Senators Helmick and Lanham
regarding the passage of Engrossed House Bill No. 4019 were ordered
extended in the Journal as follows:
SENATOR HELMICK: Mr. President, I'll be brief, but I do
believe it is incumbent upon me to say a few things about this
piece of legislation.
The piece of legislation that we're voting on today is a piece
of legislation that I believe worked well. I believe it worked
well with those people who were members of this body who went and
worked with senior programs, worked with educators, worked with
road projects or whatever it might have been. But there comes a
time, when it gets into court and the perception is so bad, that it
won't work even though it was probably one of the things that I've
been involved with that I feel strongest about in this body. To me
it's kind of a sad day that this would happen.
However, Mr. President, I do want to point out that there's a
necessity for some structure to allow the members of this body to
be involved back home in their districts that they can be a part of administering the programs relative to this state.
Thank you, Mr. President.
__________
SENATOR LANHAM: As the newest member of the Senate--and one
who was appointed rather than elected--I know the budget digest has
been under criticism and scrutiny for some time, but I'd like to
say that the chairman of Finance and the leadership of the Senate
were more than fair.
While I'll support the chairman in his wishes that this bill
pass, I trust him to come up with a program that will be as fair
and equitable as the one we have just gone through this past year.
I'm very pleased and thankful to the chairman and the
leadership for the support they gave my constituents in the fourth
district.
Thank you.
__________
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time
prosecuting attorneys.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4047) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4063, Expanding the
authority of the Commissioner of Banking concerning use of certain
banking terms in connection with the name of a business.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4063) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 651, Creating Miners' Health and
Safety Equipment Investment Tax Credit.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Com. Sub. for House Bill No. 2638, Increasing the amount
of allowable equity investments in municipal police and fire
pension plans.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Foster, the following amendment to the
bill was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the provisions of Engrossed
Senate Bill No. 69.
The bill (Eng. Com. Sub. for H. B. No. 2638), as amended, was
then ordered to third reading.
Eng. House Bill No. 4751, Extending the time for the Board of
Education of the County of Grant to meet as a levying body.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Bowman, the following amendment to the
bill was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 753.
The bill (Eng. H. B. No. 4751), as amended, was then ordered
to third reading.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 3, 2006, at 11 a.m.
____________