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Tuesday, January 22, 2008
FOURTEENTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, 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 21, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4019, Relating to civil actions filed in the courts of the state,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4053, Protecting computer owners and users from computer spyware,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4053 - "A Bill to amend and reenact §61-3C-3 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated
§61-3C-4a, §61-3C-4b, §61-3C-4c and §61-3C-4d, all relating to protecting computer owners and
users from computer spyware; making it unlawful for persons transmit computer software for the
purpose of modifying settings, collecting personal information by deceptive means or preventing
efforts to protect a computer to access a computer; making it unlawful to transmit software to control
in such a way as to cause damage or opening multiple pop-up windows; making it unlawful to
transmit software for the purpose of modifying setting that protect personal information; making it
unlawful to transmit software for the purpose of blocking efforts to block or disable computer
software; making it unlawful to induce the installation by misrepresentations or deception;
exceptions,"
With the recommendation that the committee substitute do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4074, Creating an Office for Oral Health under the Bureau for Public Health and
authorizing a full time director,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4074) was referred to
the Committee on Finance.
Resolutions Introduced
Delegates Staggers, Argento, Azinger, Barker, Boggs, Burdiss, Campbell, Canterbury,
Caputo, Crosier, DeLong, Duke, Eldridge, Ellis, Evans, Fleischauer, Gall, Guthrie, Hamilton,
Hartman, Hatfield, Higgins, Hrutkay, Iaquinta, Ireland, Kessler, Kominar, Long, Manchin, Martin,
Miley, C. Miller, Moore, Moye, Paxton, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter,
Proudfoot, Reynolds, Rodighiero, Schoen, Shaver, Shook, Spencer, Stephens, Talbott, Varner,
Webster, Wells, Williams and Yost offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 15 - "Requesting the Joint Committee on Government and Finance to study the state
of the delivery of health care in West Virginia to address: (1) Access to care; (2) insurance coverage;
and (3) a single payor plan."
Whereas, There is a crucial need for access to health care in this state, which is currently
not being met by the state and federal government, health care providers and insurance programs;
and
Whereas, The coordination of a single payor, state operated insurance system for health care
for every person may be achievable with the coordination of services through the fifty-five county
health departments, providing insurance coverage through the PEIA to volunteer health care
providers working out of the county health departments and consolidation of funding sources and economies of scale in providing health care services; and
Whereas, The health care crisis in West Virginia and the United States continues as more
and more people lose their health care insurance and rely on the provision of health care in
emergency rooms which results in high costs of professional liability insurance for physicians,
impeding access of other patients to care by emergency physicians and other specialists such as
surgeons, obstetricians, and neurosurgeons and results in attrition and an inability to recruit new
physicians to West Virginia; which is compounded by federal law that requires emergency
departments to care for everyone but does not provide for payment of these mandated services; and
Whereas, It is feasible that the needs of communities could be met by devising a plan where
people could perform a variety of community services in exchange for extra health care benefits
provided under a single payor plan; and
Whereas, A single payor plan would include all children for benefits up to the age of sixteen
years of age, at which time they could then volunteer for community service to continue extra health
care coverage under the single payor plan; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state
of the delivery of health care in West Virginia to address: (1) Access to health care; (2) insurance
coverage; (3) a single payor plan; and (4) inclusion in said single payor plan through participation
in community service; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2009, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Stalnaker, Anderson, Argento, Azinger, Barker, Boggs, Brown, Browning, Burdiss,
Campbell, Cann, Canterbury, Cowles, Crosier, Duke, Evans, Frederick, Guthrie, Hamilton, Hartman,
Hatfield, Higgins, Iaquinta, Ireland, Long, Longstreth, Manchin, Martin, Miley, J. Miller, Palumbo,
Paxton, Perry, Pino, D. Poling, Proudfoot, Reynolds, Romine, Rowan, Shaver, Sobonya, Spencer,
Staggers, Stemple, Sumner, Tabb, Tansill, Webster, Wells, White, Williams and Wysong offered
the following resolution, which was read by the Clerk:
H. R. 8 - "Designating January 22, 2008, as 'Crime Victims Day'."
Whereas, The West Virginia Crime Victims Compensation Fund is celebrating "Crime
Victims Day" by providing all of the crime agencies and individuals who serve victims of crime an
opportunity to educate Members of the Legislature and the public about the many services available
to assist victims of crime and their families throughout our State; and
Whereas, The many agencies and individuals serving victims of crime and their families
in West Virginia strive to foster the healing of victims and their families through treatment for their
many needs including, but not limited to, advocacy for and on behalf of victims and their families,
medical treatment and mental health counseling, compensation, and restitution; and
Whereas, The many organizations and individuals who provide assistance to victims of
crime and families make enormous contributions to those who have been affected by crime in our
State; and
Whereas, West Virginia is proud of the accomplishments and achievements of the many organizations and individuals who serve the needs fo victims of crimes and appreciate their many
contributions to our communities; and
Whereas, There are also many victims or family members present on this special day to
foster understanding by the public of the effects of victimization; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 22, 2008, as "Crime Victims Day";
and, be it
Further Resolved, That the House of Delegates hereby expresses its appreciation to the many
organizations which serve victims of crime and their families throughout our State and for the
dedication of those individuals who serve these organizations; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the appropriate officials with the West Virginia Crime Victims Compensation Fund.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 8) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Petitions
Delegates Ennis and Yost presented a petition on behalf of their constituents, requesting that
the Department of Highways widen, repave and properly maintain West Alexander Road in Ohio
County; which was referred to the Committee on Roads and Transportation.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Webster, Brown, Shook, Hamilton, Azinger, Fleischauer, Miley, Mahan
and Proudfoot:
H. B. 4120 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-7-25, relating to prohibiting inclusion of specific dollar
amounts or figures related to damages in complaints for personal injury or wrongful death actions";
to the Committee on the Judiciary.
By Delegates Fragale, DeLong, Boggs, Barker and Eldridge:
H. B. 4121 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto three new sections, designated §6-9-2a, §6-9-2b and §6-9-2c; to amend said code by adding
thereto a new section, designated §7-5-7a; and to amend and reenact §8-12-5 of said code, all
relating to authorizing the participation of local governments in a purchasing card program to be
administered by the Auditor as chief inspector of public offices; creating offenses and criminal
penalties"; to the Committee on Finance.
By Delegates White, DeLong, Campbell, Kominar, Moore, Perry and Staggers:
H. B. 4122 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to reducing state income taxes for state and federal retirees by increasing
exemption on retirement income"; to the Committee on Finance.
By Delegates Perry, Shaver, Crosier, Ellis, Paxton, Wells and Sumner:
H. B. 4123 - "A Bill to amend and reenact §18A-2-7 of the Code of West Virginia, 1931,
as amended, relating to transfers of teachers"; to the Committee on Education then the Judiciary.
By Delegates Staggers, M. Poling, Moye, Perry, Fleischauer, Hamilton, Paxton, Long,
Canterbury, Campbell and Crosier:
H. B. 4124 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as
amended, relating to a required addition of CPR and First Aid training to the health education
curriculum in high schools to further protect the children in our schools"; to the Committee on
Health and Human Resources then Education.
By Delegates Staggers, M. Poling, Moye, Perry, Fleischauer, Hamilton, Paxton, Long,
Canterbury, Campbell and Crosier:
H. B. 4124 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as
amended, relating to a required addition of CPR and First Aid training to the health education
curriculum in high schools to further protect the children in our schools"; to the Committee on
Health and Human Resources then Education.
By Delegates Iaquinta, Perry, Shaver, Anderson, M. Poling, Crosier, Fragale, Miley
and Duke:
H. B. 4125 - "A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931,
as amended, relating to faculty senate funds for classroom teachers and librarians"; to the Committee
on Education then Finance.
By Delegates Martin and Schoen (By Request):
H. B. 4126 - "A Bill to amend and reenact §29-1-1, §29-1-2, §29-1-5 and §29-1-6 of the
Code of West Virginia, 1931, as amended, all relating to the Division of Culture and History;
providing that the division and commissioner make specific use of the archives library in the West
Virginia Science and Culture Center; prohibiting the sale of food and drink in that building; locating
the gift shop in the basement with the museum; and giving the Archives and History Commission
oversight and administrative authority over the state historian and archivist"; to the Committee on Government Organization.
By Delegate Spencer:
H. B. 4127 - "A Bill to amend and reenact §3-3-7 of the Code of West Virginia, 1931, as
amended, relating to authorizing governing bodies of municipalities and county commissions to
transfer early in-person voting ballots to precincts in the manner absentee ballots are delivered"; to
the Committee on Political Subdivisions then the Judiciary.
By Delegates Staggers, Perry, Fleischauer, Hamilton, Canterbury, Burdiss, Argento,
Moye, Williams, Campbell and Crosier:
H. B. 4128 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13Y-1, §11-13Y-2 and §11-13Y-3; and to amend and reenact
§29-3-9 of said code, all relating to a tax credit for firefighters that work in critical needs areas of
the state; and requiring the State Fire Commission to determine standards defining and choosing
'critical needs areas' of West Virginia"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4129 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding
thereto a new section, designated §30-3-16a; to amend said code by adding thereto two new sections,
designated §30-4-8a and §30-4-10a; to amend said code by adding thereto a new section, designated
§30-5-10a; to amend said code by adding thereto a new section, designated §30-7-6a; to amend said
code by adding thereto a new section, designated §30-8-5a; to amend said code by adding thereto
a new section, designated §30-14A-5; to amend said code by adding thereto a new section,
designated §30-20-8a; to amend said code by adding thereto a new section, designated §30-23-3a; and to amend said code by adding thereto a new section, designated §30-28-8a, all relating to the
establishment of special volunteer licenses for healthcare professionals donating their expertise for
the care and treatment of indigent and needy patients in the clinic setting; and providing civil
immunity therefor"; to the Committee on Government Organization then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4130 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-4, §18B-18A-
5, §18B-18A-6, §18B-18A-7, §18B-18A-8, §18B-18A-9, §18B-18A-10, §18B-18A-11 and §18B-
18A-12, all relating to the establishment of the West Virginia Research Trust Fund; providing
legislative findings of fact; defining certain terms; creating a special account in the State Treasury;
providing for allocation of moneys appropriated for deposit into the West Virginia Research Trust
Fund; authorizing Marshall University and West Virginia University to establish directed research
endowments; providing requirements for directed research endowments; providing for administration
of directed research endowments by applicable governing board; granting investment authority to
the governing boards; authorizing use of investment earnings accruing to directed research
endowments and prohibiting the expenditure of the principal of a directed research endowment;
establishing criteria and restrictions for qualified private donations and qualified private donation
pledges; establishing eligible uses of directed research endowment proceeds; providing for
submission of directed research endowment plans; establishing criteria and procedures for
distribution of matching moneys from the West Virginia Research Trust Fund; providing for
reallocation of moneys in the West Virginia Research Trust Fund; requiring participating institutions to return unmatched moneys to the Fund under certain circumstances; authorizing distribution of
certain moneys to state colleges; establishing powers and duties of the Higher Education Policy
Commission; and requiring the Higher Education Policy Commission to submit an annual report";
to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4131 - "A Bill to amend and reenact §18-9D-2, §18-9D-6, §18-9D-8, §18-9D-13 and
§18-9D-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto
a new section, designated §18-9D-4b; and to amend and reenact §29-22-18a of said code, all relating
generally to the School Building Authority; modifying definitions and qualifications of construction
projects and major improvement projects; authorizing the School Building Authority to issue bonds
by using moneys deposited in the Excess Lottery School Building Debt Service Fund from the State
Excess Lottery Fund; providing that moneys from the State Excess Lottery Fund are deposited into
the Excess Lottery School Building Debt Service Fund; clarifying the powers of the authority in
issuing bonds"; to the Committee on Education then Finance.
By Delegates Burdiss, Webster, Ellem, Hamilton, Mahan and Shook:
H. B. 4132 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-3-22, relating to employer mandating employee participation
in certain activities; prohibiting employers from mandating communication with employees
regarding certain employer beliefs and activities; and providing a civil remedy for violations"; to the
Committee on the Judiciary.
House Calendar
Second Reading
Com. Sub. for H. B. 4036, Granting the board of Respiratory Care Practitioners rulemaking
authority and the issuance of temporary permits to students; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
At 11:19 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 23,
2008.