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Monday, January 28, 2008

TWENTIETH 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 Friday, January 25, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced

Delegates Fleischauer, Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Argento, Armstead, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Cowles, Craig, Crosier, DeLong, Duke, Eldridge, Ellem, Ellis, Evans, Fragale, Gall, Guthrie, Hamilton, Hatfield, Higgins, Hrutkay, Iaquinta, Kessler, Klempa, Kominar, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Rowan, Schadler, Schoen, Shaver, Shook, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Webster, Wells, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 21 - "Requesting the Joint Committee on Government and Finance to undertake a study of long-term care as it relates to the number of state residents in out-of-state long-term health facilities to include a review of the costs and options for their care in this state and consideration of measures to reduce the cost of health care for residents being cared for in long-term health facilities in other states."
Whereas, The West Virginia citizens who are dependent on respirators or ventilators are not able to receive long-term care in this State; and
Whereas, Individuals with traumatic brain injury or other long term disabling conditions comprise the major portion of people receiving long-term care in other states because there are no options for long term care in this State; and
Whereas, Many West Virginia Veterans are returning from foreign conflicts with traumatic brain injuries and our State has a special responsibility to see that veterans receive proper care, preferably as close to their home community as possible; and
Whereas, These citizens are away from home, without close family and friends and are cut off from their natural social and environmental supports; and
Whereas, It is essential that the state review the care provided to its citizens in out-of-state long-term care facilities to ensure a full continuum of long-term care so that each citizen will have long-term care options in this State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to undertake a study of long-term care as it relates to the number of adult state residents in out-of-state long-term health facilities to include a review of the costs and options for their care in this State and consideration of measures to reduce the cost of health care for residents being cared for in long-term health facilities in other states, including measures to bring them home for long-term care; and, be it
Further Resolved, That the Joint Committee on Government and Finance solicit the testimony of acknowledged experts and family members of those citizens being treated in out-of- state placement to gain direct information and research regarding the personal experiences of families with loved ones in out-of-state care and to consider any cost neutral in state options for the long-term care of these citizens; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the 2009 regular session of the Legislature 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 all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Tansill, Duke, Hrutkay, Longstreth, Spencer, Guthrie, Brown, Azinger, Cann, Crosier, Frederick, Hatfield, Kessler, Long, Paxton, Perry, Rowan, Shaver, Staggers, Stalnaker, Walters, Williams and M. Poling offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 22 - "Requesting the Division of Highways to name the Walnut Street bridge (46- 119/42-0.16), spanning the Tygart Valley River between the West and South sides of Grafton, West Virginia the "Mother's Day Bridge."
Whereas, On May 10, 1908, the first official Mother's Day celebration was held in Andrews Methodist Episcopal Church, Grafton, West Virginia, as arranged by founder Anna Jarvis; and
Whereas, The second Sunday of May was proclaimed as Mother's Day, as a result of the first West Virginia State Proclamation, issued on April 26, 1910, by West Virginia Governor William E. Glasscock; and
Whereas, The United States Congress, by adoption of a joint resolution endorsing the observance of Mother's Day, authorized the President to proclaim Mother's Day to be celebrated on the second Sunday of each May as a national observance, and this resolution was officially approved on May 9, 1914 by President Woodrow Wilson and proclaimed by Secretary of State William Jennings Bryan; and
Whereas, The United States Department of Interior, National Park Service, declared the Andrews Methodist Episcopal Church - International Mother's Day Shrine in Grafton to be a National Historic Landmark on October 2, 1992; and
Whereas, On January 11, 2008, West Virginia Governor Joe Manchin III, issued the First Centennial (1908-2008) Mother's Day Proclamation; therefore be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Walnut Street bridge (46- 119/42-0.16), spanning the Tygart Valley River between the West and South sides of Grafton, West Virginia the "Mother's Day Bridge"; and be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to read in prominent lettering: "Mother's Day Bridge," which signs shall be erected at each entrance of the bridge, indicating that the bridge has been so named; and be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the International Mother's Day Shrine, 11 West Main Street (P.O. Box 513) in Grafton, West Virginia and to the Secretary of Transportation and the Commissioner of the Division of Highways.
Delegates Tansill, Rowan, Longstreth, Staggers, Pino and Perry offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 23 - "Requesting the Division of Highways to name the Yates Avenue bridge (46- CR40-0.3), spanning Berkeley Run in Grafton, West Virginia the 'Bearcat Bridge'."
Whereas, The construction of the present facility of Grafton High School was finished in 1940, and the first graduating class held its commencement ceremony at that same location; and
Whereas, Every year since, young men and women have studied and received their education at that same facility, and every year since 1940 young Grafton High School students have participated in the various academic, athletic and extra curricular activities in nature; and
Whereas, All of those participating students have been referred to as "Bearcats" in honor of the school's mascot; and
Whereas, Grafton High School was constructed at the junction of Berkeley Run and the Tygart Valley River, and there is a bridge spanning Berkeley Run beside Grafton High School that connects Yates Avenue with Riverside Drive; therefore be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Yates Avenue bridge (46- CR40-0.3), spanning Berkeley Run in Grafton, West Virginia the "Bearcat Bridge"; and be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to read in prominent lettering: "Bearcat Bridge" which signs shall be erected at each entrance of the bridge, indicating that the bridge has been so named; and be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Grafton High School, 300 Riverside Drive in Grafton, West Virginia and to the Secretary of Transportation and the Commissioner of the Division of Highways.
Mr. Speaker, Mr. Thompson, and Delegates Boggs, DeLong, Perdue and White offered the following resolution, which was read by the Clerk:
H. R. 10 - "Recognizing January 28, 2008 as 'Rural Health Day'."
Whereas, A little over 15 years ago, the West Virginia Legislature took an extraordinary step when it passed the Rural Health Initiative Act and invested in the state's future by funding community based health professions training through the development of the West Virginia Rural Health Education Partnerships (WVRHEP); and
Whereas, In 2001, a federal Area Health Education Center (AHEC) grant was submitted and the state was awarded funding to create five regional centers to address health professions education and training, in collaboration with the WVRHEP Program; and
Whereas, This collaborative effort includes a partnership of higher education, community volunteers, campus and field faculty, state level agency administrators, lead agency personnel WVRHEP and AHEC staff, students and residents, and legislators; and
Whereas, Through this partnership, students have made an average of 128,000 contacts with rural West Virginians annually to provide health promotion and prevention services for a total of 1,155,918 contacts since 1999; and
Whereas, Since 1999, there has been a 200% cumulative increase or a 14.7% annual rate of increase in the number of WVRHEP/AHEC physician-graduates practicing in rural West Virginia; and
Whereas, Since 1995, the state has eliminated ten counties with whole-county health profession shortage area status from the federal list of shortage areas, eight of which are currently benefitting from the practices of twenty-six physicians who are graduates of the WVRHEP/AHEC program; and
Whereas, The WVRHEP/AHEC partnership serves as a statewide rural health infrastructure platform for other initiatives to reach and serve more rural people; therefore, be it
Resolved by the House of Delegates:
That the members of this body commend the efforts of the West Virginia Rural Health Education Partnerships Program/Area Health Education Centers Program and recognize January 28, 2008, as "Rural Health Day", and pledge commitment to policies and programs which will support community based training and education, and promote recruitment and retention of high quality health professionals in rural areas of our state; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the West Virginia Rural Health Education Partnerships Program/Area Health Education Centers Program.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 10) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Hutchins, Hatfield, Guthrie, Brown, C. Miller, Perdue, Caputo, Talbott and Staggers:

H. B. 4295 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-10-1, §49-10-2, §49-10-3, §49-10-4, §49-10-5, §49-10-6 and §49-10-7, all relating to a study of the child welfare system of West Virginia; creating a commission of public and private citizens; creating an advisory board; setting forth findings and the purpose; setting forth the requirements of the study; requiring the commission to submit periodic reports; requiring the Department of Health and Human Resources to submit periodic reports; providing for compensation of commission and advisory board members; and including a continuation of the commission upon completion of the analysis to provide continuing support to the system as it develops"; to the Committee on Government Organization then Finance.
By Delegates Canterbury, Campbell and Crosier:

H. B. 4296 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11A-9, relating to the rights of crime victims"; to the Committee on the Judiciary.
By Delegates Manchin, Caputo and Longstreth:

H. B. 4297 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-3-20, relating to execution of judgments"; to the Committee on the Judiciary.
By Delegate Ashley:

H. B. 4298 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5, all relating to requiring physicians to file regular reports with the Department of Health and Human Resources regarding patients who require medical treatment as a result of an abortion; and providing criminal penalties for violation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hamilton, D. Poling, Miley, Tansill, Manchin, Klempa, Ellem and Duke:

H. B. 4299 - "A Bill to amend and reenact §8-15-17 of the Code of West Virginia, 1931, as amended, relating to requirements for firefighter applicants"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates J. Miller, Shook, Stephens, Cowles and D. Poling:

H. B. 4300 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended, relating to removing extraneous language regarding the limitation of exotic entertainment by county commissions"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Rodighiero, Eldridge, Ellis, Hrutkay, Wysong and Reynolds:

H. B. 4301 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-16B-6e, relating to qualifying children of state employees, receiving income of twenty-five thousand dollars per year or less, for the West Virginia Children's Health Insurance Program"; to the Committee on Banking and Insurance then Finance.
By Delegates Evans, Rowan, Canterbury, Staggers, Wysong, Tabb, Doyle and Azinger:

H. B. 4302 - "A Bill to amend and reenact §11-1A-10 of the Code of West Virginia, 1931, as amended, relating to taxation of farm property, and providing that certain aged and disabled property owners are classified as engaged in farming"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Morgan, Martin, Argento, Higgins, Reynolds, Craig, Swartzmiller, Palumbo and Stephens:

H. B. 4303 - "A Bill to amend and reenact §30-36-18 and §30-36-19, of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §30-36-21, §30-36-22 and §30-36-23, all relating to the board of acupuncture; clarifying disciplinary causes and actions; providing for complaint investigations, hearings and injunctions; and providing civil and criminal penalties"; to the Committee on Government Organization then the Judiciary.
By Delegates Pino, Guthrie, Blair and Walters:

H. B. 4304 - "A Bill to amend and reenact §16-19-1, §16-19-2, §16-19-3, §16-19-4, §16-19-5, §16-19-6, §16-19-7, §16-19-8, §16-19-9, §16-19-10, §16-19-11, §16-19-12, §16-19-13 and §16-19-14 of the Code of West Virginia, 1931, as amended; and to amend said article by adding thereto nine new sections, designated §16-19-15, §16-19-16, §16-19-17, §16-19-18, §16-19-19, §16-19-20, §16-19-21, §16-19-22 and §16-19-23, all establishing the Revised Anatomical Gift Act; providing for a short title; establishing applicability; defining terms; identifying who may make an anatomical gift before the donor's death, establishing the manner of making an anatomical gift before the donor's death; providing for amendment or revocation of an anatomical gift before the donor's death; clarifying donor right to refuse to make an anatomical gift and the effect of such refusal; specifying the preclusive effect of an anatomical gift, amendment or revocation; identifying who may make an anatomical gift of a body or part after death of the donor; establishing the manner of making, amending or revoking an anatomical gift after the decedent's death; identifying persons and institutions to whom anatomical gifts may be made; establishing presumptions for distribution of body and parts if donor does not specify to whom gift passes; requiring first responders, hospital staff and medical examiners to conduct a reasonable search of the body of a decedent for evidence of an anatomical gift or refusal to make a gift; specifying that delivery of document of gift during donor's lifetime not required; identifying who may examine a document of gift; establishing rights and duties of procurement organization in recovering a body or part the subject of an anatomical gift; requiring hospitals to cooperate with procurement organizations for purposes of recovering anatomical gifts; creating the offense of knowingly buying or selling a body part for transplantation or therapy; creating the offense of intentionally falsifying, concealing, defacing or obliterating a document of gift, amendment or revocation; establishing immunity from civil liability for good faith efforts to comply with article; specifying which law governs documents of gift; establishing donor registry through Division of Motor Vehicles and standards of operation; specifying effect of anatomical gift on advance health care directives; requiring cooperation between medical examiner and procurement organization; establishing standards and conditions for medical examiner's release of body or part subject to anatomical gift to procurement organizations; requiring authorization of prosecuting attorney for release of body or recovery of part where death is subject to criminal investigation; and establishing relation to Electronic Signatures in Global and National Commerce Act"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 4305 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9j, relating to providing a limited annual exemption from the consumers sales and service tax for purchases of certain Energy Star qualified products, specifying time period for exemption, specifying definition"; to the Committee on Finance.
By Delegate Tansill:

H. B. 4306 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion by any person who has admitted to or who has been adjudicated to have committed medical malpractice; prescribing a criminal penalty for violations of this section; and providing that nothing in the section can be construed as approving the performance of an abortion"; to the Committee on Health and Human Resources then the Judiciary.
House Calendar

Third Reading

Com. Sub. for H. B. 3215, Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 14), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Eldridge, Frederick, Mahan, Marshall and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3215) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4072, Clarifying that the Board of Registration for Professional Engineers is subject to a regulatory board review; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 15), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Eldridge, Frederick, Mahan, Marshall and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4072) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4073, Clarifying that the Board of Examinations in Counseling is subject to a regulatory board review; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 16), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Eldridge, Frederick, Mahan, Marshall and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4073) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4078, Relating to the termination of the Blennerhassett Island Historical State Park Commission; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 17), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Eldridge, Frederick, Mahan, Marshall and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4078) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4085, Relating to regulatory review of the West Virginia Acupuncture Board; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 18), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Eldridge, Frederick, Mahan, Marshall and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4085) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
The following bills on third reading, coming up in regular order, were, on motion of Delegate DeLong, laid upon the table:
H. B. 4100, Repealing outdated provisions of the West Virginia Code relating to the operation of the penitentiary by the Commissioner of Public Institutions,
H. B. 4101, Repealing outdated provisions of the West Virginia Code relating to Huttonsville Correctional Center,
And,

H. B. 4107, Repealing outdated provisions of the West Virginia Code relating to Denmar State Hospital.
Second Reading

H. B. 2517, Providing that the Board of Banking and Financial Institutions have the authority to approve acquisitions of out-of-state banks by WV state banks;
on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the bill on page two, section three, line eight, by striking out section three in its entirety and inserting in lieu thereof the following:
"§ 31A-8A-3 Permitted acquisitions.
(a) Except as otherwise expressly permitted by federal law, no a company may not form a West Virginia bank holding company or acquire a West Virginia state bank or a bank holding company controlling a West Virginia state bank without the prior application and approval upon order of the board. A West Virginia state bank or West Virginia state bank holding company which controls, directly or indirectly, a West Virginia state bank may not acquire an out-of-state bank or out-of-state bank holding company without first filing with the commissioner a copy of the application it files with the appropriate federal regulator unless the acquisition involves a merger and establishment of branches pursuant to article eight-d of this chapter.
(b) The prohibition in subsection (a) of this section shall not apply where the acquisition is made:
(1) Solely for the purpose of facilitating an acquisition otherwise permitted under this article;
(2) In a transaction arranged by the commissioner with the consent of the West Virginia board of banking and financial institutions with another state or federal bank supervisory agency to prevent the insolvency or closing of the acquired bank; or
(3) In a transaction in which a national bank or out-of-state state bank forms its own bank holding company, if the ownership rights of the former bank shareholders are substantially similar to those of the shareholders of the new bank holding company.
(c) In any transaction involving the acquisition or change in control of a West Virginia bank, West Virginia bank holding company, bank branch located in West Virginia by a bank holding company, the formation of a West Virginia bank holding company or the acquisition of a thrift institution in West Virginia by a bank holding company for which an application to the board for approval is not initially required under subsection (a) or (b) of this section, the party seeking the action shall give written notice to the commissioner at the time the application or notice is filed with the responsible federal bank supervisory agency and at least forty-five days before the effective date of the acquisition, unless a shorter period of notice is required under applicable federal law. In addition, the parties shall give the commissioner copies of all final federal and state applications filed in connection with the transaction together with a two hundred fifty dollar filing fee. Unless preempted by federal law, the commissioner shall have has thirty days from receipt of the written notice to object to any proposed transaction, require an application and request a hearing before the board on the basis that the transaction is contrary to applicable West Virginia law. The failure to object within thirty days shall be construed as consent by the commissioner, or, in his or her discretion, the commissioner may, at any time, consent in writing.
(d) To the extent that any acquisition under this section involves the merger of a bank with and into a West Virginia state bank, the merger transaction remains subject to the jurisdiction and approval of the board pursuant to section seven, article seven of this chapter or article eight-d of this chapter, as applicable.
(e) An acquisition shall not be permitted under this article or otherwise if upon consummation of the transaction, the resulting bank or bank holding company, including any depository institution(s) institutions affiliated with the applicant, would assume sufficient additional deposits to cause it to control deposits in this state in excess of that allowed by section twelve-a, article two of this chapter: Provided, That the commissioner may by rule adopt a procedure whereby said the acquisition deposit limitation as set forth in this code may be waived for good cause shown. The commissioner shall calculate the acquisition deposit limitation based upon the most recently available reports containing such the deposit information filed with state or federal authorities."
The bill was then ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 4092, Changing the requirements for licensure as a forester or forestry technician and giving the Board of Foresters rule-making authority,
H. B. 4141, Providing that written status reports on civil actions brought against state government agencies are required only as requested by the President of the Senate and Speaker of the House,
And,
Com. Sub. for H. B. 4147, Relating to the regulation of parking for state office buildings.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Beach, Eldridge, Frederick, Mahan, Marshall and Miley.
At 11:39 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 29, 2008.