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Sunday, February 25, 2007

FORTY-SEVENTH 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, February 23, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

On motion for leave, a resolution was introduced (Originating in the Committee on Finance and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules:
By Delegates White, Boggs, Yost, Kominar, Reynolds, Perdue, Barker, Tucker, M. Poling, Campbell, Klempa, Marshall, Manchin, Spencer, Iaquinta, Stalnaker, Ashley, Anderson, Carmichael, Evans, Blair, Walters and Border:

H. C. R. 54 - "Requesting the Joint Committee on Government and Finance study the provision of medical care to inmates of the Regional Jails and the Department of Corrections, the current contracts, the funding, and other costs that impact of these systems that relate to health care." Whereas, Costs of medical care for the Regional Jail system have continued to rise and funding has not increased at the same rate causing deficits in the Regional Jail budget;
Whereas, Costs of medical care for the Division of Corrections have continued to rise and funding has not increased at the same rate causing deficits in the Division of Corrections budget;
Whereas, It has been necessary for health care providers to file claims with the Court of Claims for payment which has a detrimental impact on health care providers;
Whereas, with healthcare costs increasing at a significant rate, the need to evaluate cost saving measures has become evident, therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the provision of health care and its impact on the Regional Jail budget and the Division of Corrections budget, the current contracts and all cost saving measures that can be implemented;
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, 2008, 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 legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2422, Providing cost-saving measures in connection with providing medical care in regional jails,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2422 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-4; and to amend said code by adding thereto a new section, designated §31-20-30, all relating to reducing the reimbursement provided by the Regional Jails and the Division of Corrections provided that the Department of health and Human Services and the Regional Jail Authority and the Department of Corrections will effectuate am electronic payment system,"
H. B. 2461, Providing that all employees have the right to review and copy the contents of their personnel files,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2461 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to providing that all employees have the right to review and copy the contents of their personnel file,"
H. B. 2940, Increasing the age of dependents for health insurance coverage,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2940 - "A Bill to amend and reenact §33-16-1a of the Code of West Virginia, 1931, as amended, relating increasing the age of dependents for health insurance coverage,"
And,
H. B. 3167, Allowing teachers employed by a statewide service personnel association to count this service towards retirement credit,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3167 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to allowing members of the teachers retirement system who are absent from employment while serving as an officer or staff of a statewide professional teaching association or a statewide service personnel association to count this service towards retirement credit; and amounts required to be paid by members for such service,"
With the recommendation that the committee substitutes each do pass.
Special Calendar

Unfinished Business

H. R. 15, Urging the West Virginia Congressional Delegation to support the reauthorization of the West Virginia Children's Health Insurance Program; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
The following resolutions, coming up in regular order, as unfinished business, were each reported by the Clerk and adopted:
H. C. R. 30, The "Thomas E. 'Jock' Clifford, Jr., Memorial Bridge",
H. C. R. 32, The "Seaman Apprentice, Roger Dale Childers Memorial Bridge",
And,
H. C. R. 40, Requesting the establishment of a Children's Services Redesign Group.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

H. B. 3073, Relating to prohibiting financial institutions from establishing or maintaining a branch in West Virginia on, or within one and one-half miles of, the premises or property of an affiliate, under certain circumstances"; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
Second Reading

Com. Sub. for S. B. 96, Authorizing fire department-owned apparatuses use yellow flashing light; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 169, Requiring insurance companies obtain title to certain totaled vehicles; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, advanced to third reading with the amendment pending.
S. B. 412, Providing penalties for hand held cell phone violations by minor while driving; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, advanced to third reading with the amendment pending.
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. 2078, Clarifying the procedure for tagging bear, bobcats, deer and wild turkey taken while hunting,
H. B. 2130, Eliminating any reduction in the benefit of a deputy sheriff who is disabled on the job,
Com. Sub. for H. B. 2145, Defining limited use residence elevators in public places,
And,
Com. Sub. for H. B. 2194, Authorizing issuance of warrants to extract blood analysis of persons charged with driving under the influence.
Com. Sub. for H. B. 2253, Providing certain correctional officers be transferred into the civil service system as covered employees
; on second reading, coming up in regular order, was read a second time, ordered to third reading, and the rule was suspended to permit the offering and consideration of an amendment by Delegate White on that reading.
Com. Sub. for H. B. 2324, Allowing spouses who are employed by the same county board of education to transfer unlimited accumulated sick leave to each other; on second reading, coming up in regular order, was read a second time, ordered to third reading, and the rule was suspended to permit the offering and consideration of an amendment by Delegate Poling on that 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. 2436, Modifying the Nurse Overtime and Patient Safety Act,
Com. Sub. for H. B. 2527, Revising the sunrise review process,
Com. Sub. for H. B. 2590, Authorizing the Department of Revenue to promulgate legislative rules,
And,
Com. Sub. for H. B. 2616, Authorizing the Department of Administration to promulgate legislative rules.
Com. Sub. for H. B. 2670, Authorizing the Department of Commerce to promulgate legislative rules
; on second reading, coming up in regular order, was read a second time, ordered to third reading, and the rule was suspended to permit the offering and consideration of an amendment by Delegate Shaver on that reading.
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all new installation of water mains; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2717, Enacting a retirement system for Emergency Medical Services Personnel
; on second reading, coming up in regular order, was read a second time, ordered to third reading, and the rule was suspended to permit the offering and consideration of an amendment by Delegate White on that 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. 2747, Regulating plumbers and fire protection workers,
Com. Sub. for H. B. 2796, Reducing federal adjusted gross income for contributions to public institutions of higher education,
Com. Sub. for H. B. 2870, Authorizing the court to order payment into the Domestic Violence Legal Services Fund under certain circumstances,
Com. Sub. for H. B. 2877, Funding entities ensuring public safety on state highways
Com. Sub. for H. B. 2908, Removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear,
And,
Com. Sub. for H. B. 2918, Authorizing county boards of education to pay five hundred dollars to any service employee who gives notification of resignation or retirement.
H. B. 2944, Enhancing the end-of-life care given to residents of nursing homes; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong, and by unanimous consent, advanced to third reading with the committee amendment pending.
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. 2945, Providing for tax credits for apprenticeship training in construction trades,
Com. Sub. for H. B. 2973, Declaring certain claims against the state to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof,
H. B. 3006, Limiting the number of terms a member of the Board of Physical Therapy may serve,
Com. Sub. for H. B. 3048, Providing credit for specified high technology manufacturers,
Com. Sub. for H. B. 3054, Making changes to the West Virginia Board of Dental Examiners,
H. B. 3072, Relating to defining "charitable exemptions" for purposes of the municipal business and occupation tax,
And,
H. B. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 376, Assessing fee for processing scientific collecting permits,
H. B. 2020, Requiring mine operators to provide notice of hazardous chemical substances and lead exposure to its employees,
Com. Sub. for H. B. 2027, Allowing awards under the crime victims compensation program to be made to victims of identity theft,
Com. Sub. for H. B. 2070, Extending PEIA coverage to certain long-term substitute education employees,
Com. Sub. for H. B. 2187, Providing payment for GED exam fees,
Com. Sub. for H. B. 2223, Restricting public access to concealed weapons permit records,
Com. Sub. for H. B. 2309, Relating to tourism development projects and tourism expansion projects,
Com. Sub. for H. B. 2342, Creating the West Virginia Military Family Relief Fund,
Com. Sub. for H. B. 2406, Providing that in the event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County,
Com. Sub. for H. B. 2558, Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes,
Com. Sub. for H. B. 2714, Revising requirements for parking areas designated for use by persons with mobility impairments,
Com. Sub. for H. B. 2746, Establishing the Connectivity Advisory Commission,
Com. Sub. for H. B. 2775, Exempting new residents from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased,
Com. Sub. for H. B. 2808, Increasing the fee for issuance of one-trip permits,
Com. Sub. for H. B. 2826, Including school psychologists and school nurses with other professional school personnel for a salary supplement,
Com. Sub. for H. B. 2844, Relating to malicious assault on a police officer, including a public service commission enforcement officer,
Com. Sub. for H. B. 2864, Relating to residential resident security deposits,
Com. Sub. for H. B. 2926, Relating to providing notification that a domestic violence protective order has been extended,
Com. Sub. for H. B. 2931, Providing for payment of tuition and fees for members of the West Virginia National Guard enrolled in graduate study,
Com. Sub. for H. B. 2938, Including motor carrier inspectors and enforcement officers in the definition of law-enforcement officer,
Com. Sub. for H. B. 2986, Providing advance notice to the public regarding the pending closure of certain public or private health care facilities or hospitals,
Com. Sub. for H. B. 3009, Defining what a child advocacy center is and what services it shall provide in child abuse and neglect cases and child welfare cases,
Com. Sub. for H. B. 3056, Authorizing pharmacists to administer immunizations,
Com. Sub. for H. B. 3064, Relating to allowing counties with contiguous borders with other states where the closing time for bars is earlier set a closing time at an hour no later than that of the contiguous state,
Com. Sub. for H. B. 3074, Relating to the carrying of concealed weapons,
H. B. 3075, Restricting minor children's physical access to tobacco products,
Com. Sub. for H. B. 3093, Providing a form for a combined medical power of attorney and living will,
Com. Sub. for H. B. 3094, Prohibiting county and district school officers, teachers and school officials from having a pecuniary interest in certain contracts,
Com. Sub. for H. B. 3106, Increasing the number of family court judges and realigning certain districts to address excessive workloads,
H. B. 3141, Relating to whom assessors may issue proof of payment of personal property taxes,
Com. Sub. for H. B. 3145, West Virginia Film Industry Investment Act,
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service,
Com. Sub. for H. B. 3164, Pharmaceutical Availability and Affordability Act of 2007,
Com. Sub. for H. B. 3166, Exempting community action agencies from the certificate of title tax for vehicles used for their Head Start program,
Com. Sub. for H. B. 3180, Relating to the granting of workers' compensation benefits on review or appeal,
Com. Sub. for H. B. 3194, Relating to determining defendants' ability to pay cost of incarceration be done at time of sentencing ,
H. B. 3228, Providing that home confinement officers are subject to criminal prohibition of engaging in sexual intercourse with person incarcerated,
H. B. 3229, Increasing default late fees and shortening the period given to an occupant to cure a default before an owner may enforce a lien for self-service storage facilities,
H. B. 3270, Relating to the compensation and expenses of fiduciaries,
H. B. 3271, Clarifying spendthrift trusts,
And,
H. B. 3272, Relating to total return unitrusts.
At 5:27 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 26, 2007. .