hdj2006-1-31-21

_
________*__________

Tuesday, January 31, 2006

The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, January 30, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 20, Naming the bridge which traverses Buffalo Creek on State Route 2 at the southern entrance to Wellsburg in Brooke County, the "John G. Chernenko Bridge",
And,
H. C. R. 21, Recognizing the Month of January as Cervical Cancer Month and encouraging women to take advantage of the services available to screen for breast and cervical cancer,
And reports the same back with the recommendation that they each be adopted.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 6, Amending House Rule No. 125, relating to House concurrence in Senate Amendments to House bills,
And reports the same back with the recommendation that it be rejected.
On motion for leave, bills were introduced (Originating in the Committee on Government Organization and reported, by unanimous vote of the committee, with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Beane, Ennis, Miley, Iaquinta, Walters and Frich:
H. B. 4310 - "A Bill to amend and reenact §29-12-12 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Risk and Insurance Management",
And,
By Delegates Beane, Ennis, Barker, Iaquinta, Manchin and Frich:
H. B. 4311 - "A Bill to amend and reenact §22-1-4 of the Code of West Virginia, 1931, as amended, related to continuation of the Department of Environmental Protection."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4310 and H. B. 4311) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4018, Relating to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4018) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4133, Clarifying that magistrate courts have concurrent juvenile jurisdiction with circuit courts with regard to enforcement of laws prohibiting the possession or use of tobacco or tobacco products by minors,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4133) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3258, Permitting the sale of nonintoxicating beer within a certain distance from a church that consents to the sale,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
In the absence of objection, the bill (H. B. 3258) was then referred to the Committee on Finance.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Division of Forestry, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004-2005 annual report of the Division of Corrections, in accordance with section twenty, article one, chapter five of the code; which was filed in the Clerk's Office.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4021, Relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page four, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §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; and that said code be amended by adding thereto a new article, designated §33-15D-1, §33-15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-11, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 2J. PREVENTIVE CARE PILOT PROGRAM.
§16-2J-1. Legislative findings and statement of purpose.
(a) The Legislature finds that a program that would allow health clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee would enable more West Virginians to gain access to affordable health care and to establish a medical home for purposes of receiving primary and preventative healthcare services. By establishing a pilot project for clinic- based health care, the Legislature intends to enable state health and insurance officials to study this method of delivering health services, to encourage all West Virginians to establish a medical home and to determine the success, continued need and feasibility of expanding such a program and allowing similar programs to operate on a statewide basis.
(b) In carrying out this pilot program, it is the intent of the Legislature to eliminate legal, statutory and regulatory barriers to the establishment of pilot programs providing preventive and primary care services for a prepaid fee; to encourage residents of this State to establish and use a medical home; to expand preventive and primary care services for the uninsured; and to exempt health providers participating in the pilot program from regulation as an insurer, the operation of insurance laws of the state and all other laws inconsistent with the purposes of this article.
§16-2J-2. Definitions.
For the purposes of this article, the following definitions apply:
(1) 'Dependent' has the same meaning set forth in subsection (d), section one-a, article sixteen, chapter thirty-three of this code:
(2) 'Family' means an subscriber and his or her dependents;
(3) 'Medical home' means a clinic, hospital or other health care facility where a patient has an established relationship, has his or her routine medical care or treatment and where his or her medical records are maintained.
(4) 'Participating provider' means a provider under this article that has been granted a license under this article to operate as part of the pilot program;
(5) 'Primary care' means basic or general health care which emphasizes the point when the patient first seeks assistance from the medical care system and the care of the simpler and more common illnesses;
(6) 'Provider' has the same meaning as 'ambulatory health care facility' set forth in subsection (b), section two, article two-d of this chapter or "private office practice" as set forth in subsection (a)(1), section four of said article;
(7) 'Qualifying event' means loss of coverage due to: (i) emancipation and resultant loss of coverage under a parent or guardian's plan; (ii) divorce and loss of coverage under the former spouse's plan; (iii) termination of employment and resultant loss of coverage under an employer group plan: Provided, That any rights of coverage under a COBRA continuation plan as that term is defined in section three-m, article sixteen, chapter thirty-three of this code, shall not be considered coverage under an employer group health plan; (iv) involuntary termination of coverage under a group health benefit plan except for termination due to nonpayment of premiums or fraud by the insured; or (v) exhaustion of COBRA benefits.
(8) 'Subscriber' means any individual who subscribes to a prepaid program approved and operated in accordance with the provisions of this article, including an employee of any employer that has purchased a group enrollment on behalf of its employees;

§16-2J-3. Authorization of preventive care pilot program; number of participants and sites; Health Care Authority considerations in selection of participating providers; funding.

(a) The Health Care Authority shall, in consultation with the Insurance Commissioner, develop and implement during the fiscal year beginning the first day of July, two thousand six, a pilot program that permits no more than eight providers to market and sell prepaid memberships entitling subscribers to obtain preventive and primary health care from the participating providers. Participating providers shall not be allowed to offer their qualifying services at more than three separate sites. The pilot program will be three years in length.
(b) Subject to the provisions of this article, the Health Care Authority is vested with discretion to select providers using diversity in practice organization, geographical diversity and other criteria it deems appropriate. The Health Care Authority also shall give consideration to providers located in rural areas or serving a high percentage or large numbers of uninsured.
(c) In furtherance of the objectives of this article, the Health Care Authority is authorized to accept any and all gifts, grants and matching funds whether in the form of money or services: Provided, That no gifts, grants and matching funds shall be provided to the Health Care Authority by the State of West Virginia to further the objectives of this article.
§16-2J-4. License for preventive care pilot program.
(a) No provider may participate in the pilot program without first obtaining a preventive care pilot program license from the Health Care Authority.
(b) The Health Care Authority shall determine the eligibility of providers to obtain licenses on the basis of applications filed by providers on forms developed by the Health Care Authority.
(c) Upon approval of the application, the participating provider shall be granted a license to market and sell prepaid health services under such terms as may be established in guidelines developed by the Health Care Authority or the Insurance Commissioner.

§16-2J-5. Insurance Commissioner approval of fees, marketing materials and forms and certification of financial condition; statement of services.

(a) The Insurance Commissioner shall develop guidelines for all forms, marketing materials and fees proposed by program applicants and participating providers under the same criteria generally applicable to accident and sickness insurance policies.
(b) All fees, marketing materials and forms proposed to be used by any program applicant or participating provider are subject to prior approval of the Insurance Commissioner, which the Insurance Commissioner shall communicate to the Health Care Authority. Fees may not be excessive, inadequate, or unfairly discriminatory.
(c) The Insurance Commissioner must certify whether a program applicant or, upon the request of the Health Care Authority, an already participating provider is in a sound financial condition and capable of operating in a manner that is not hazardous to its prospective subscribers or the people of West Virginia.
(d) Every subscriber is entitled to evidence of program membership that shall contain a clear, concise and complete statement of the services provided by the participating provider and the benefits, if any, to which the subscriber is entitled; any exclusions or limitations on the service, kind of service, benefits, or kind of benefits, to be provided, including any copayments; and where and in what manner information is available as to how a service may be obtained. (e) Fees paid to participating providers are not subject to premium taxes and surcharges imposed on insurance companies.
(f) Notwithstanding the provisions of chapter thirty-three of this code to the contrary, participation by providers in the preventive care clinic-based pilot program created and authorized pursuant to this article is not to be considered as providing insurance or as offering insurance services. Such providers and services are specifically excluded from the definitions of 'insurer' and 'insurance' as defined in article one, chapter thirty-three of this code, and are not subject to regulation by the Insurance Commissioner except to the extent set forth in this article, nor are participating providers unauthorized insurers pursuant to section four, article forty-four of chapter thirty-three of this code.
§16-2J-6. Rule-making authority.
The Health Care Authority and the Insurance Commissioner shall promulgate rules as necessary to implement the provisions of this article, including emergency rules, promulgated pursuant to, chapter twenty-nine-a of this code.

§16-2J-7. Participating provider plan requirements: primary care services; prior coverage restrictions; notice of discontinuance or reduction of benefits.

In addition to the provisions of this article and any guidelines established by the Health Care Authority and Insurance Commissioner, the plans offered pursuant to this article shall be subject to the following:
(1) Each participating provider and site must offer a minimum set of preventive and primary care services as established by the Health Care Authority.
(2) No participating provider may offer: (i) an individual plan to any individual who currently has a health benefit plan or who was covered by a health benefit plan within the preceding twelve months unless said coverage was lost due to a qualifying event; (ii) a family plan to any family that includes an adult to be covered who currently has a health benefit plan or who was covered by a health benefit plan within the preceding twelve months unless said coverage was lost due to a qualifying event; or (iii) an employee group plan to any employer that currently has a group health benefit plan or had a group health benefit plan covering its employees within the preceding twelve months.
(3) The Health Care Authority and the Insurance Commissioner may, by legislative rule, permit participation by an employer with a comprehensive high deductible plan if such employer is able to demonstrate that such participation will not negatively impact the coverage currently offered by such employer.
(4) A participating provider must provide subscribers and, where applicable, subscribers' employers with a minimum of thirty days' notice of discontinuance or reduction of subscriber benefits.

§16-2J-8. Guidelines for evaluation of the pilot program; report to Legislative Oversight Commission on Health and Human Resources Accountability.

(a) The Health Care Authority shall establish by guidelines criteria to evaluate the pilot program and may require participating providers to submit such data and other information related to the pilot program as may be required by the Health Care Authority.
(b) No later than the first day of December, two-thousand seven and annually thereafter during the operation of the pilot program, the Health Care Authority must submit a report to the Legislative Oversight Commission of Health and Human Resources Accountability as established in article twenty-nine-e of this chapter on progress made by the pilot project including suggested legislation, necessary changes to the pilot program and suggested expansion of the pilot program.

§16-2J-9. Grounds for refusal to renew; revocation and suspension of pilot program license; penalties; termination of suspension, reissuance and renewal of license.

(a) The Health Care Authority may after notice and hearing refuse to renew, or may revoke or suspend the license of a participating provider, in addition to other grounds therefor in this

article, if the participating provider:

(1) Violates any provision of this article; (2) Fails to comply with any lawful rule or order of the Health Care Authority; (3) Is operating in an illegal, improper or unjust manner;(4) Is found by the Insurance Commissioner to be in an unsound condition or in such condition as to render its further operation in West Virginia hazardous to its subscribers or to the people of West Virginia; (5) Compels subscribers under its contract to accept less service than due them or to bring suit against it to secure full service when it has no substantial defense; (6) Refuses to be examined or to produce its accounts, records and files for examination by the insurance commissioner when requested to do so pursuant to section five of this article; (7) Fails to pay any final judgment rendered against it in West Virginia within thirty days after the judgment became final or time for appeal expired, whichever is later; (8) Fails to pay when due to the state of West Virginia any taxes, fees, charges or penalties.
(b) In addition to or in lieu of refusing to renew, revoking or suspending the license of a participating provider in any case, the Health Care Authority may, by order, require the participating provider to pay to the state of West Virginia a penalty in a sum not exceeding five thousand dollars for each violation. Upon the failure of the provider to pay such penalty within thirty days after notice thereof, the Health Care Authority shall revoke or suspend the license of such participating provider. (c) When any license has been revoked or suspended or renewal thereof refused, the Health Care Authority may reissue, terminate the suspension of or renew such license when it is determined that the conditions causing such revocation, suspension or refusal to renew have ceased to exist and are unlikely to recur.
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."
And,
By amending the title of the bill to read as follows:
Com. Sub. for 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; 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 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; relating to 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."
In the absence of objection, the bill (Com. Sub. for H. B. 4021) and pending Senate amendments were then referred to the Committee on Health and Human Resources then Finance.
Resolutions Introduced
Delegates Schadler, Evans and Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 28 - "Requesting the Division of Highways name the bridge located on State Route 46 in Keyser, West Virginia, the 'Staff Sergeant Jonah Edward Kelly Bridge'."
Whereas, On the twenty-third day of April, one thousand nine hundred, twenty-three, Jonah Kelly was born and raised in Keyser, West Virginia; and
Whereas, Jonah Kelly served with the three hundred eleventh Infantry of the United States seventh-eighth Infantry Division in World War II; and
Whereas, On the thirty-first day of January, one thousand nine hundred forty-five, Staff Sergeant Kelly was fatally wounded after leading his company in attack on a German stronghold in the village of Kersternich, Germany; and
Whereas, Staff Sergeant Kelly showed superb courage, aggressiveness and disregard for his own safety leading and inspiring his men even after being wounded; and
Whereas, Staff Sergeant Kelly, despite being mortally wounded, eliminated an enemy machine gun entrenchment ensuring the safety of his unit; and
Whereas, Staff Sergeant Kelly was awarded the Medal of Honor posthumously; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby names the bridge on State Route 46 in Keyser, West Virginia, the "Staff Sergeant Jonah Edward Kelly Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the West Virginia Veterans Affairs Office and to the family of Staff Sergeant Jonah Edward Kelly.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Ennis, Hamilton, Tucker, Pethtel, Kominar, H. White, Cann, Caputo, Azinger, Evans and Romine:

H. J. R. 107 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating to increasing the terms of members of the House of Delegates from two to four years; and increasing the terms of members of the State Senate from four to six years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Brown, Frich, Hatfield, Houston, Hrutkay, Leach, Longstreth, Mahan, Marshall, Poling, Rowan, Schoen, Sobonya, Spencer, Stevens, Sumner, Susman and Webster offered the following resolution, which was read by the Clerk, as follows:
H. R. 7 - "Recognizing and expressing gratitude for 'Women's Day' in the Legislature, January 31, 2006."
Whereas, Women's Day at the Legislature is a salute to the collective strength and vitality of West Virginia women; exemplified by their civic-minded nature as conscientious and contributing citizens who have dramatically shaped the historical, socioeconomic, scientific, educational and cultural horizons in the development of this State. West Virginia women have, additionally, contributed in a particularly meaningful way in addressing issues involving health care, leadership and the education and development of our youth. These women have, without question, indelibly imprinted their unique insight and wisdom to our culture and heritage; and
Whereas, This year's "Women's Day" also earmarks a time to celebrate an anniversary, founded upon a decade of continuous osteoporosis awareness and prevention by West Virginia Women; and
Whereas, This year's festivities shall showcase women leaders from throughout the State, who will share their invaluable insights to issues involving health care, health access, leadership and our youth; therefore, be it
Resolved by the House of Delegates:
That recognition and gratitude is expressed by the members for the observance on January 31, 2006 of "Women's Day" at the Legislature; a day of celebration and awareness, where all West Virginians may salute the uniquely strong, vital and intensely vigorous women of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the Governor, this State's Congressional Delegation, and for representatives of the West Virginia Women's Commission and the Osteoporosis Prevention Advisory Panel.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 7) to a committee was dispensed with, taken up for immediate consideration and adopted.
At the request of Delegate Staton, H. C. R. 21, Recognizing the Month of January as Cervical Cancer Month and encouraging women to take advantage of the services available to screen for breast and cervical cancer, was taken up for further consideration.
The question now being on the adoption of the resolution, Delegate Staton demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 42), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Amores and Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R 21) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Walters:
H. B. 4280 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-13-1, §15-13-2, §15-13-3, §15-13-4, §15-13-5, §15-13-6, §15-13-7, §15-13-8, §15-13-9, §15-13-10, §15-13-11, §15-13-12, §15-13-13, §15-13-14, §15-13-15, §15-13-16 and §15-13-17, all relating to sexually violent predators; providing a short title; defining certain terms; requiring notice to prosecuting attorney institute and others of prospective release certain violent sexual offenders; establishing a multidisciplinary team; establishing a prosecutor's review committee; providing for the determination of probable cause to petition for the commitment of a sexually violent offender; providing for the apprehension of the sexually violent offender; notice of hearing rights to the sexually violent offender; providing for a procedure for trial and commitment to a secure facility of certain sexually violent offenders; and required registration of released sexually violent offenders"; to the Committee on the Judiciary then Finance.
By Delegates Brown, Caputo, DeLong, Wysong, Morgan, Marshall, Manchin, Rowan, Perdue and Mahan:

H. B. 4281 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2A-101, §46A-2A-102, §46A-2A-103, §46A-2A-104, §46A-2A-105, §46A-2A-106, §46A-2A-107, §46A-2A-108, §46A-2A-109 and §46A-2A-110, all relating to consumer protection generally; ensuring clean credit information and identity theft protection; defining certain terms; providing a security freeze procedure; providing protection for credit header information; establishing a right to file a police report on identity theft; declaration of innocence for crimes committed by identity thieves; consumer credit monitoring; security breaches; protection of social security numbers; prohibiting credit scoring and insurance scoring for use in insurance decisions; requiring adequate destruction of certain personal records; and providing for fines, criminal penalties and civil actions for violations"; to the Committee on the Judiciary.
By Delegates Palumbo, Amores, Mahan, Brown, Carmichael, Frederick, Morgan, Ellem, Howard, Webster and Doyle:

H. B. 4282 - "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates DeLong, Argento, Amores, Caputo, Beach, Perry and Michael:

H. B. 4283 - "A Bill to amend and reenact §5A-3-37 of the Code of West Virginia, 1931, as amended, relating to providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Tabb, Wysong, Doyle, Williams, Kominar, Stalnaker, Long, Armstead, Michael, Beach and Frederick:

H. B. 4284 - "A Bill to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for an accessory after the fact to the same penalty for an accessory before the fact"; to the Committee on the Judiciary.
By Delegate Howard:
H. B. 4285 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-11a, relating to the creation of the criminal offense of manufacture or possession of burglar's tools"; to the Committee on the Judiciary.
By Delegates Perry, Argento, Swartzmiller, Long, Canterbury and Paxton:
H. B. 4286 - "A Bill to amend and reenact §6-3-1a of the Code of West Virginia, 1931, as amended, relating to giving reserve deputy sheriffs the authority to carry firearms and to arrest, if properly certified"; to the Committee on the Judiciary.
By Delegates Hatfield, Rick Thompson, Hrutkay, Martin, Brown, DeLong, Perdue, Manchin and Caputo:

H. B. 4287 - "A Bill to amend and reenact §21-5F-2, §21-5F-3 and §21-5F-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the Nurse Overtime and Patient Safety Act; including certified nurse anesthetists in the definition of nurse; adding definition of staffing pattern; modifying definition of unforeseen emergent situation; prohibiting a hospital from taking certain actions against a nurse; providing criminal penalties; reducing maximum hours a nurse may be required to work; requiring hospitals to have an anonymous process for complaints related to patient safety; requiring posting of notice of nurse's rights; requiring Commissioner of Labor to have a notification procedure, including signs that must be posted; requiring commissioner to keep complaints anonymous until a finding of merit; and requiring a process for notifying a hospital of a complaint"; to the Committee on the Judiciary then Finance.
By Delegates Tabb, Wysong, Doyle and Beach:
H. B. 4288 - "A Bill to amend and reenact §17C-10-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting soliciting funds in roadways; and providing for an exemption for nonprofit organizations with permits from county commissions"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Hrutkay, Brown and Webster:
H. B. 4289 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating to expanding the definition of imminent danger for the purposes of child abuse and neglect"; to the Committee on the Judiciary.
By Delegates Proudfoot, Boggs, Amores, Michael and Hartman:
H. B. 4290 - "A Bill to amend and reenact §17C-17A-3 of the Code of West Virginia, 1931, as amended, relating to establishment of coal resource transportation roads"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Ennis, Beane, Amores, Perdue, Rick Thompson and Hrutkay:
H. B. 4291 - "A Bill to amend and reenact §49-6-3 and §49-6-5 of the Code of West Virginia, 1931, as amended, all relating to providing the same protection and safeguards to all children who have been subjected to aggravated circumstances of neglect and abuse including the children of blended families"; to the Committee on the Judiciary.
By Delegate H. White:
H. B. 4292 - "A Bill to amend and reenact §33-16-2 of the Code of West Virginia, 1931, as amended, relating to the modification of group accident and sickness insurance requirements"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 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"; to the Committee on the Judiciary.
By Delegates Mahan, Palumbo, Cann, Pino, Armstead and Overington:
H. B. 4294 - "A Bill to amend and reenact §8A-12-9 of the Code of West Virginia, 1931, as amended, relating to specifically providing the West Virginia Agricultural Land Protection Authority with the power to retain an executive director and staff"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Stemple, Beane, Crosier, Michael and Beach:
H. B. 4295 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-56a, relating to establishing a bird dog training permit; providing requirements for bird dog training; providing rule making authority; and providing civil and criminal penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Craig, Amores, Morgan and Leach:
H. B. 4296 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-18a, relating to providing employer immunity from liability for disclosing job-related information concerning an employee or former employee to a prospective employer"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4297 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-11A-3a, relating to unfair trade practices; providing that predatory pricing is unlawful; and providing a criminal penalty"; to the Committee on the Judiciary.
By Delegate H. White:
H. B. 4298 - "A Bill to amend and reenact §33-14-2 of the Code of West Virginia, 1931, as amended, relating to the modification of group life insurance and employee group requirements"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ron Thompson, Frich, Hrutkay, Perry and H. White:
H. B. 4299 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-2-8a, relating to the authority of the Commissioner of Banking to enter into contracts with depository institutions to provide loan review services; and providing that funds obtained from contracts for loan review services are treated the same as bank assessment funds"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perry, Roberts, Pino, Leach and Stemple:
H. B. 4300 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-30, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program for qualified inmates sentenced to a regional jail facility; and specifying minimum requirements for the program and the distribution of money earned in the program"; to the Committee on the Judiciary then Finance.
By Delegates Perry, Roberts, Pino, Stemple and Leach:
H. B. 4301 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-30, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a relocation assistance program for nonprobationary correctional officers who volunteer to relocate from an adequately staffed regional jail to a regional jail that is persistently understaffed; and providing certain subjects be addressed in the program"; to the Committee on Government Organization then Finance.
By Delegates Brown, Hatfield, Webster, Hunt, Long, Poling, Perdue, Morgan and
Mahan:

H. B. 4302 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to human trafficking and involuntary servitude and providing criminal penalties for persons convicted of human trafficking and involuntary servitude offenses"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Mahan, Michael, Kominar, Cann and Beach:
H. B. 4303 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6A-9a, relating to requiring that a letter of explanation from the Department of Health and Human Resources be provided to parents whose children are contacted at school for purposes of investigating reports of abuse or neglect"; to the Committee on the Judiciary.
By Delegates Caputo, Longstreth and Manchin:
H. B. 4304 - "A Bill to amend and reenact §17C-6-3 of the Code of West Virginia, 1931, as amended, relating to local authorities being granted the authority to lower the speed limit on its streets and highways where school buses travel in its jurisdiction"; to the Committee on Roads and Transportation then Education.
By Delegates Frich, Pino, Hall, Long, Ellem, Blair, Hamilton, Sumner, Stevens, Tansill and Romine:

H. B. 4305 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to the grant of authority of county commissions to regulate and restrict the location of any premises in which a limited video lottery retailer has a license"; to the Committee on the Judiciary.
By Delegates Hrutkay, Poling, Eldridge, Butcher, Staton, Hartman, Proudfoot, Hamilton, Boggs, Browning and Talbott:

H. B. 4306 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-14a, relating to creating a criminal offense for picketing or disrupting funerals or memorial services"; to the Committee on the Judiciary.
By Delegates Evans, Boggs, Stalnaker, Azinger, Rick Thompson and Schadler:
H. B. 4307 - "A Bill to amend and reenact §17A-10-3a of the code of West Virginia, 1931, as amended, relating to extending the weekend driving privileges of antique motor vehicles and motorcycles"; to the Committee on Roads and Transportation then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Amores, Webster and Staton:
H. B. 4308 - "A Bill to amend and reenact §17C-5A-1a of the Code of West Virginia, 1931, as amended, relating to limiting the definition of conviction for purposes of administrative license revocation proceedings"; to the Committee on the Judiciary.
By Delegates Webster and Amores:
H. B. 4309 - "A Bill to amend and reenact §17G-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17G-2-3 of said code, all relating to racial profiling; and setting forth types of racial profiling information to be collected during law-enforcement traffic stops"; to the Committee on the Judiciary.
Consent Calendar
Second Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4006, Adding counties to the Hatfield-McCoy Regional Recreational Authority,
Com. Sub. for H. B. 4032, Relating to authorizing the Consolidated Public Retirement Board to recover the payment and a surcharge from a participating employer who fails to timely pay contributions due,
Com. Sub. for H. B. 4034, Removing the requirement that a no longer disabled employee must return to his or her former job,
Com. Sub. for H. B. 4047, Relating to part-time prosecuting attorneys,
Com. Sub. for H. B. 4052, Providing that alleged victims of domestic violence or abuse have the right to have a person of their choosing present when they are interviewed by law-enforcement officers or the prosecuting attorney,
H. B. 4068, Limiting the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration,
And,
H. B. 4239, Continuing the Division of Unemployment Compensation.
House Calendar
First Reading
Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public highways; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leave of absence for the day was granted Delegate Ferrell.
Miscellaneous Business
Delegate Ashley asked and obtained unanimous consent that the remarks of Delegate Trump concerning school funding issues be printed in the Appendix to the Journal.
Delegate Pino asked and obtained unanimous consent that the remarks of Delegate Eldridge concerning the recent mining tragedy and the outpouring of public sympathy and support be printed in the Appendix to the Journal.
At 11:54 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 1, 2006.