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Monday, January 16, 2006
The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, January 13, 2006, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report for the period ending June 30, 2005, of
the Real Estate Commission, in accordance with section twelve-b, article one, chapter thirty of the
code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Department of Transportation,
Division of Motor Vehicles, for the fiscal year ending June 30, 2005, in accordance with the
provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Massage Therapy Licensure Board
for the fiscal year ending July 30, 2005, in accordance with article thirty-seven, chapter thirty of the
code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Board of Barbers and
Cosmetologists for the 2005 fiscal year, in accordance with the provisions of the code; which was
filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004-2005 report of the Office of Health Facility
License and Certification, Department of Health and Human Resources, in accordance with section
three-q, article five-c, chapter sixteen and section four, article five-e, chapter sixteen of the code;
which was filed in the Clerk's Office.
Resolutions Introduced
Delegates Brown, Amores, Caputo, Hartman, Hrutkay, Overington, Sobonya and R.
Thompson offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 18 - "Urging the United States Congress to increase the federal minimum wage."
Whereas, The United States Congress last voted to increase the federal minimum wage to
$5.15 in 1997; and
Whereas, Since the inception of the minimum wage, there has been only one other period
(1981 to 1990) in which the minimum wage has remained unchanged for more than eight years; and
Whereas, Over 2 million American workers are paid an hourly wage at or below the federal
minimum wage; and
Whereas, A disproportionately high number of older workers, women and racial minorities
are employed in those minimum wage and sub-minimum wage jobs; and
Whereas, The annual earnings of a full-time minimum wage worker are only one-third of
the average annual wages of the American worker, the lowest ratio since 1949; and
Whereas, Full-time minimum wage workers currently earn just $10,700 per year, which is
$5,000 below the official poverty line for a family of three; and
Whereas, A person making the minimum wage today would have to work for the better part
of an hour just to afford a single gallon of milk or a gallon of gas; and
Whereas, For the first time, the annual cost of health care premiums for a family of four has
surpassed the annual income of a minimum wage earner; and
Whereas, Once an adjustment for inflation is taken into account, the purchasing power of the minimum wage has now declined to its second lowest level since 1955; and
Whereas, It has not been proven, and has, in fact, been disputed, that an increase in the
federal minimum wage will result in fewer jobs and higher consumer prices; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to increase the federal
minimum wage; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to West Virginia's congressional delegation.
Mr. Speaker, Mr. Kiss, and Delegates DeLong, Staton, Browning, Amores, Anderson,
Argento, Armstead, Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Brown, Butcher,
Campbell, Canterbury, Caputo, Carmichael, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ennis,
Evans, Ferrell, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Houston, Howard, Hrutkay,
Iaquinta, Kominar, Lane, Leach, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin,
Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling,
Porter, Proudfoot, Roberts, Rowan, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Stemple,
Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, Rick Thompson, Ron
Thompson, Trump, Varner, Wakim, Walters, Webster, Wells, Gil White, H.K. White, Williams,
Wysong and Yost offered the following resolution, which was read by the Clerk as follows:
H. R. 2 - "Recognizing the heroic service of America's veterans and commemorating
Veterans' Appreciation Day at the House of Delegates."
Whereas, From the Revolutionary War to recent struggles, America's men and women have
continued to rise beyond the call of duty in order to both preserve the freedom of the United States
and to help maintain sovereignty throughout the world; and
Whereas, Of the 25 million veterans currently alive, nearly three of every four veterans have
served during a war or an official period of hostility - about a quarter of the nation's population; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state in the union; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians
have paid the ultimate price for freedom with their lives with thousands more brave West Virginians
being wounded in battle; and
Whereas, This legislative body is proud to honor and pay homage to those West Virginian
veterans who have served, and those who are currently serving, in harms way to protect American
democracy from the threat of terror; and
Whereas, This legislative body wishes to convey its gratitude and recognition to those brave
West Virginians who have faced the opposition, been wounded and even given their lives in the
name of freedom; and
Whereas, All veterans deserve our thanks and praise for their selfless sacrifices, service and
dedication. The significance of what these men and women of the armed forces have provided to the
citizens of this Nation should never be understated; and
Whereas, This legislative body is proud to espouse the goal set for us by President John F.
Kennedy who said, "Our goal is not the victory of might, but the vindication of right; not peace at
the expense of freedom, but both peace and freedom, here in this hemisphere, and around the world.
God willing that goal will be achieved"; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the heroic service and sacrifice of America's
veterans; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the West Virginia Division of Veterans Affairs.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H.
R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
Petitions
Delegate Stalnaker presented a petition, signed by one hundred eighty-two residents of the
38th District, requesting restoration of the Title XIX Medicaid Waiver In-Home Program to its
previous level; which was referred to the Committee on Finance.
Delegate Hamilton presented a petition, signed by twenty-five residents of Upshur County,
asking assistance in better and wider coverage of cable television service; which was referred to the
Committee on the Judiciary.
Delegates Sobonya, Howard and Lane presented a petition, signed by one thousand four
hundred eighty residents of the State, in support of Logan's Law; which was referred to the
Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss, and Delegates Amores, Michael, Varner, Pino, Leach,
Mahan, Browning, Hall, Carmichael and Border:
H. B. 4019 - "A Bill to repeal §4-1-18 of the code of West Virginia, 1931, as amended,
relating to the preparation and distribution of a digest or summary of the budget bill"; to the
Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4020 - "A Bill to amend the Code of West Virginia, 1931, as 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 and §33-15D-10, all relating to individual limited health
benefits insurance plans focusing on preventive and primary care services; declaring legislative
intent; requiring approval of plans by Insurance Commissioner; providing eligibility requirements
for individuals; setting forth statutory or regulatory provisions that do not apply to such plans;
providing underwriting standards; 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; and providing rule of construction"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4021 - "A Bill to amend the Code of West Virginia, 1931, as 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, all 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; declaring legislative intent; authorizing approval of participants based on guidelines
developed 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; exempting participating providers from insurance
regulation; authorizing study of the program by the Health Care Authority; mandating a Health Care
Authority report to the Legislative Oversight Commission; setting grounds for revocation,
suspension and failure to renew licenses; and creating penalties"; to the Committee on Health and
Human Resources then Finance.
By Delegates Brown, Amores, Caputo, Hartman, Hrutkay and Overington:
H. B. 4022 - "A Bill to amend and reenact §16-30-3, §16-30-5, §16-30C-2, §16-30C-3, §16-
30C-6, and §16-30C-9 of the Code of West Virginia, 1931, as amended, relating to the West Virginia
Health Care Decisions Act and the West Virginia Do Not Resuscitate Act providing circumstances
when health care facilities and providers are not required to perform cardiopulmonary resuscitation";
to the Committee on the Judiciary.
By Delegates Brown, Amores, Caputo, Hartman, Hrutkay and Rick Thompson:
H. B. 4023 - "A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931,
as amended, relating to minimum wages"; to the Committee on the Judiciary.
By Delegates Brown, Caputo, Hartman and Hrutkay:
H. B. 4024 - "A Bill to amend and reenact §9-4A-2a of the Code of West Virginia, 1931,
as amended, and to amend said code by adding thereto a new article, designated §21-3E-1, §21-3E-2,
§21-3E-3, §21-3E-4, §21-3E-5, §21-3E-6, §21-3E-7, §21-3E-8, and §21-3E-9, all relating to the
West Virginia Fair Share Health Care Act; title and purpose of Act; definitions; assessments against
large employers who spend fewer than eight percent or six percent of total wages on employee health
care in this state; deposit of assessments by Commissioner of Labor in Medical Services Trust Fund;
prohibition against passing cost of assessment on to employees; information required to be reported
to the Commissioner by every employer and manner of reporting; penalties for late reporting and
failure to pay assessment; matters to be reported by the Commissioner to the Governor and the
Legislature; duties of Commissioner; and severability"; to the Committee on Health and Human
Resources then Finance.
By Delegate Trump:
H. B. 4025 - "A Bill to amend and reenact º18-9A-11 of the Code of West Virginia, 1931,
as amended, relating to setting and capping the local share charge back to county boards of education
so as not to exceed a county's calculated and certified two thousand two charge back share";to the
Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4026 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4, §16-29G-5, §16-
29G-6, §16-29G-7 and §16-29G-8, all relating to the establishment of the West Virginia Health
Information Network"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4027 - "A Bill to amend and reenact §62-12-12, §62-12-13, §62-12-18, §62-12-19, §62-12-23 and §62-12-24 of the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §62-12-12a, all relating to the West Virginia Parole
Board; providing for the appointment, powers and duties of the West Virginia Parole Board;
providing for the appointment of the Chairperson of the West Virginia Parole Board by the
Governor; providing for the consideration of parole and parole revocation by panels of the board;
and providing for panels of the board to conduct parole interviews, consider parolees for discharge
from parole and hold any other hearings authorized by the board"; to the Committee on Government
Organization then the Judiciary.
House Calendar
Unfinished Business
H. R. 1, Authorizing the appointment of employees for this, the Second Regular Session,
2006; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Consent Calendar
Second Reading
H. B. 2136, Requiring the clerk of the county commission to execute, record and post a
disclaimer relating to certain unlawful covenants; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
First Reading
H. B. 4007, Relating to updating appraisal standards employed by the Public Land
Corporation; on first reading, coming up in regular order, was read a first time and ordered to second
reading.
At 1:56 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 17, 2006.