__________*__________
Friday, January 24, 2003
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 Thursday, January 23, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2282, Relating to payment to magistrates who serve temporarily outside their elected
counties,
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. 2282) was referred to
the Committee on Finance.
Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2197, Providing a criminal penalty for a county board member to willfully and
knowingly attempt to exercise authority outside statutory authority,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2197) was referred to
the Committee on the Judiciary.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Department of
Environmental Protection, in accordance with the provisions of the code; which was filed in the
Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Division of Forestry,
in accordance with the provisions of the code; which was filed in the Clerk's Office.
The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:
June 5, 2003
The Honorable Gregory M. Gray
Clerk, House of Delegates
State Capitol
Charleston, WV 25305
The Honorable Darrell Holmes
Clerk, Senate
State Capitol
Charleston, WV 25305
Gentlemen:
In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of
all of the proposed legislative rules which have been submitted to and acted upon by the Legislative
Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which
have not previously been submitted to the Legislature for study.
Also, attached is a report listing all of the proposed legislative rules considered by the
Committee and setting forth the recommendations of the Committee with respect to the proposed
legislative rules. This letter also serves as a statement that a separate bill authorizing the
promulgation of each proposed legislative rule has been drafted by the staff of the Legislative
Rule-Making Review Committee.
In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to
introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making
Review Committee, are requesting that the names of all Committee members be placed upon the
draft bills as sponsors in their respective houses.
Thank you for your cooperation.
Sincerely,
Mike Ross,
Senate
Virginia Mahan,
House of Delegates
Whereupon,
Mr. Speaker, Mr. Kiss, presented the report of the Legislative Rule-Making Review
Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which
was read by the Clerk and the accompanying rules were referred as follows:
June 5, 2003
West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the
Legislative Rule-Making Review Committee, we submit this report of its activities. A bill, in the
form approved by the Committee, authorizing each of the proposed legislative rules below as
submitted, as modified or as modified and amended has been drafted by the staff of the Legislative
Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.
The Committee submits the following proposed rules to the Legislature with the
recommendation that the proposed rules be authorized for promulgation by the respective agencies
as submitted:
Agriculture, Department of
Inspection of Meat and Poultry, 61CSR16 [H. B. 2560].
Consolidated Public Retirement Board
Public Employees Retirement System, 162CSR5 [H. B. 2561].
DEP-Air Quality, Division of
Nox Budget Trading Program as a Means of Control and Reduction of Nitrogen
Oxides from Non-Electric Generating Units, 45CSR1 [H. B. 2562].
DEP-Air Quality, Division of
Permits for Construction, Modification, Relocation and Operation of Stationary
Sources of Air Pollutants, Notification Requirements, Administrative Updates,
Temporary Permits, General Permits and Procedures for Evaluation, 45CSR13 [H.
B. 2563].
DEP-Air Quality, Division of
Standards of Performance for New Stationary Sources Pursuant to 40 CFR Part 60,
45CSR16 [H. B. 2564].
DEP-Air Quality, Division of
To Prevent and Control Air Pollution from Hazardous Waste Treatment, Storage or
Disposal Facilities, 45CSR25 [H. B. 2565].
DEP-Air Quality, Division of
Nox Budget Trading Program as a Means of Control and Reduction of Nitrogen
Oxides from Electric Generating Units, 45CSR26 [H. B. 2566].
DEP-Air Quality, Division of
Requirements for Operating Permits, 45CSR30 [H. B. 2567].
DEP-Air Quality, Division of
Emission Standards for Hazardous Air Pollutants for Source Categories Pursuant
to 40 CFR Part 63, 45CSR34 [H. B. 2568].
Environmental Quality Board
Requirements Governing Water Quality Standards, 46CSR1 [H. B. 2569].
Ethics Commission
Lobbying, 158CSR12 [H. B. 2570].
Governor's Committee on Crime, Delinquency and Correction
Community Correction Standards, 149CSR4 [H. B. 2571].
Highways, Division of
Traffic and Safety Rule, 157CSR5 [H. B. 2572].
Highways, Division of
Transportation of Hazardous Wastes Upon the Roads and Highways, 157CSR7
[H. B. 2573].
Insurance Commissioner
"Tail" Malpractice Insurance Covering Certain Medical and Allied Health Care
Providers, 114CSR30 [ H. B. 2574].
Insurance Commissioner
Quality Assurance, 114CSR53 [H. B. 2575].
Insurance Commissioner
Medical Malpractice Insurance Consent to Rate and Guide "A" Rate Agreements,
114CSR59 [H. B. 2576].
Manufactured Housing Construction and Safety Standards Board
West Virginia Manufactured Housing Construction and Safety Standards Board,
42CSR19 [H. B. 2577].
Motor Vehicles, Division of
Examination and Issuance of Driver's Licenses, 91CSR4 [H. B. 2578].
Motor Vehicles, Division of
Motor Vehicle Test and Lock Program, 91CSR9 [H. B. 2579].
Motor Vehicles, Division of
Motor Vehicle Inspection Manual, 91CSR12 [H. B. 2580].
Natural Resources, Division of
Special Boating Rule, 58CSR26 [H. B. 2581].
Real Estate Appraiser Licensing and Certification Board
Renewal of Licensure or Certification, 190CSR3 [H. B. 2582].
Real Estate Commission
Requirements in Licensing Real Estate Brokers, Associate Brokers and Salespersons
and the Conduct of Brokerage Business, 174CSR1 [H. B. 2583].
Real Estate Commission
Schedule of Fees, 174CSR2 [H. B. 2584].
Veterinary Medicine, Board of
Schedule of Fees, 26CSR6 [H. B. 2585].
The Committee submits to the Legislature the following proposed rules which were modified
by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were
approved by the Committee with the modifications and with the recommendation that the proposed
rules be authorized for adoption by the respective agencies as modified:
Administration, Department of
Parking, 148CSR6 [H. B. 2586].
Administration, Department of
General Administration of Records Management and Preservation, 148CSR12 [H.
B. 2857].
Administration, Department of
Records Retention and Disposal Scheduling, 148CSR13 [H. B. 2588].
Administration, Department of
Management of Records Maintained by Records Center, 148CSR14 [H. B. 2589].
Administration, Department of
Rule for Technology Access for Visually Impaired, 148CSR15 [H. B. 2590].
Administration, Department of
Rules and Regulations for Qualifications for Participation, 186CSR4 [H. B. 2591].
Auditor, Office of the State
Standards for Requisitions for Payment Issued by State Officers on the Auditor,
155CSR1 [H. B. 2592].
Auditor, Office of the State
Transaction Fee and Rate Structure, 155CSR4 [H. B. 2593].
Consolidated Public Retirement Board
Benefit Determination and Appeal, 162CSR2 [H. B. 2594].
Consolidated Public Retirement Board
Teachers Defined Benefit Plan, 162CSR4 [H. B. 2595].
Consolidated Public Retirement Board
West Virginia State Police Disability Determination and Appeal Process, 162CSR9
[H. B. 2596].
Contractor Licensing Board
West Virginia Contractor Licensing Act, 28CSR2 [H. B. 2597].
Courthouse Facilities Improvement Authority
Courthouse Facilities Improvement Authority, 203CSR1 [H. B. 2598].
Culture and History
Cultural Facilities and Capital Resources Grant Program, 82CSR7 [H. B. 2599].
DEP-Air Quality, Division of
Acid Rain Provisions and Permits, 45CSR33 [H. B. 2600].
DEP-Mining and Reclamation, Division of
Surface Mining Reclamation Rule, 38CSR2 [H. B. 2601].
DEP-Mining and Reclamation, Division of
Coal Related Dam Safety Rule, 38CSR4 [H. B. 2602].
DEP-Waste Management, Division of
Standards for Beneficial Use of Materials Similar to Sewage Sludge, 33CSR8 [H. B.
2603].
DEP-Waste Management, Division of
Hazardous Waste Management, 33CSR20 [H. B. 2604].
DEP-Waste Management, Division of
Hazardous Waste Management Fund Certification Legislative Rule Concerning Fee
Assessment, 33CSR24 [H. B. 2605].
DEP-Water Resources, Division of
Water Pollution Control Permit Fee Schedules, 47CSR26 [H. B. 2606].
Dental Examiners, Board of
Rule for the West Virginia Board of Dental Examiners, 5CSR1 [H. B. 2607].
Dental Examiners, Board of
Formation and Approval of Dental Corporations, 5CSR6 [H. B. 2608].
Development Office
Community Development Assessment and Real Property Valuation Procedures for
Office of Coalfield Development, 145CSR8 [H. B. 2609].
Family Protection Services Board
Operation of the Family Protection Services Board, 191CSR1 [H. B. 2610].
Family Protection Services Board
Licensure of Domestic Violence and Perpetrator Intervention Programs, 191CSR2
[H. B. 2611].
Family Protection Services Board
Perpetrator Intervention Program Licensure, 191CSR3 [H. B. 2612].
Family Protection Services Board
Monitored Visitation and Exchange Program Certification, 191CSR4 [H. B. 2613].
Fire Commission, State
State Building Code, 87CSR4 [H. B. 2614].
Fire Commission, State
Fire Department Rescue Services, 87CSR6 [H. B. 2615].
Forestry, Division of
Sediment Control During Commercial Timber-Harvesting Operations - Licensing,
22CSR2 [H. B. 2616].
Forestry, Division of
Sediment Control During Commercial Timber-Harvesting Operations - Logger
Certification, 22CSR3 [H. B. 2617].
Funeral Service Examiners, Board of
General Provisions, 6CSR1 [H. B. 2618].
Funeral Service Examiners, Board of
Crematory Requirements, 6CSR2 [H. B. 2619].
Governor's Committee on Crime, Delinquency and Correction
Law Enforcement Training Standards, 149CSR2 [H. B. 2620].
Health Care Authority
Benchmarking and Discount Contract Rule, 65CSR26 [H. B. 2621].
Health and Human Resources
Nurse Aide Abuse Registry, 69CSR6 [H. B. 2622].
Health, Division of
Sewage Treatment and Collection System Design Standards, 64CSR47 [H. B. 2623].
Health, Division of
Medical Examiner Rule for Postmortem Inquiries, 64CSR84 [H. B. 2624].
Health, Division of
Surrogates for Incapacitated Persons in Health Care Facilities Operated by the
Department of Health and Human Resources, 64CSR86 [H. B. 2625].
Health, Division of
Uniform Credentialing of Health Care Practitioners, 64CSR89 [H. B. 2626].
Human Services, Division of
Day Care Centers Licensing, 78CSR1 [H. B. 2627].
Human Services, Division of
Tel-Assistance Program, 78CSR15 [H. B. 2628].
Human Services, Division of
Family Day Care Home Registration Requirements, 78CSR19 [H. B. 2629].
Insurance Commissioner
Licensing and Conduct of Agents, Agencies and Solicitors, 114CSR2 [H. B. 2630].
Insurance Commissioner
Unfair Trade Practices, 114CSR14 [H. B. 2631].
Insurance Commissioner
Examiners' Compensation, Qualifications and Classification, 114CSR15 [H. B.
2632].
Insurance Commissioner
Excess Line Brokers, 114CSR20 [H. B. 2633].
Insurance Commissioner
AIDS Regulations, 114CSR27 [H. B. 2634].
Insurance Commissioner
Group Accident and Sickness Insurance Minimum Policy Coverage Standards,
114CSR39 [H. B. 2635].
Insurance Commissioner
Continuing Education for Individual Insurance Producers, 114CSR42 [H. B. 2636].
Insurance Commissioner
Credit Personal Property Insurance, 114CSR61 [H. B. 2637].
Insurance Commissioner
Standards for Safeguarding Consumer Information, 114CSR62 [H. B. 2638].
Insurance Commissioner
Standard Motor Vehicle Policy Provisions, 114CSR63 [H. B. 2639].
Insurance Commissioner
Mental Health Parity, 114CSR64 [H. B. 2640].
Juvenile Services, Division of
West Virginia Minimum Standards for Structure, Operation and Maintenance of
Juvenile Detention and Correctional Facilities, 101CSR1 [H. B. 2641].
Labor, Division of
Elevator Safety Act, 42CSR21 [H. B. 2642].
Labor, Division of
Regulation of Trade Weights and Measures, 42CSR22 [H. B. 2643].
Massage Therapy Licensure Board
General Provisions, 194CSR1 [H. B. 2644].
Medicine, Board of
Licensure, Disciplinary and Complaint Procedures, Continuing Education,
Physician Assistants, 11CSR1B [H. B. 2645].
Miner Training, Education and Certification, Board of
Rules and Regulations Governing the Standards for Certification of Coal Mine
Electricians, 48CSR7 [H. B. 2646].
Motor Vehicles, Division of
Denial, Suspension, Revocation or Non-renewal of Driving Privileges, 91CSR5
[H. B. 2647].
Motor Vehicles, Division of
Motor Vehicle Dealers, Wrecker/Dismantler/Rebuilders and License Services,
Automobile Auctions, Vehicle Leasing Companies, Daily Passenger Rental Car
Businesses and Administrative Due Process, 91CSR6 [H. B. 2648].
Natural Resources, Division of
Revocation of Hunting and Fishing Licenses, 58CSR23 [H. B. 2649].
Natural Resources, Division of
Prohibitions When Hunting and Trapping, 58CSR47 [H. B. 2650].
Natural Resources, Division of
Deer Hunting Regulations, 58CSR50 [H. B. 2651].
Nursing Home Administrators Licensing Board
Nursing Home Administrators, 21CSR1 [H. B. 2652].
Oil and Gas Conservation Commission
Rules of the Commission, 39CSR1 [H. B. 2653].
Optometry, Board of
Licensure by Endorsement, 14CSR8 [H. B. 2654].
Personnel, Division of
Administrative Rule of the West Virginia Division of Personnel, 143CSR1 [H. B.
2655].
Pharmacy, Board of
Controlled Substances Monitoring, 15CSR8 [H. B. 2656].
Pharmacy, Board of
Board of Pharmacy Rule for Pharmacist Recovery Networks, 15CSR10 [H. B. 2657].
Radiologic Technology Board of Examiners
Rule of the West Virginia Board of Examiners of Radiologic Technology, 18CSR1
[H. B. 2658].
Real Estate Appraiser Licensing and Certification Board
Requirements for Licensure and Certification, 190CSR2 [H. B. 2659].
Real Estate Commission
Requirements in Approval and Registration of Real Estate Courses, Course
Providers and Instructors, 174CSR3 [H. B. 2660].
Secretary of State
Registry for Notification of a State of Emergency, 153CSR33 [H. B. 2661].
State Police
West Virginia State Police Career Progression System, 81CSR3 [H. B. 2662].
Tax Commissioner
Payment of Taxes by Electronic Funds Transfer, 110CSR10F [H. B. 2663].
Tax Commissioner
Tax Credit for Medical Malpractice Insurance Premiums, 110CSR13P [H. B. 2664].
Veterinary Medicine, Board of
Standards of Practice, 26CSR4 [H. B. 2665].
The Committee submits the following legislative rule which was modified by the agencies
in accordance with the provisions of West Virginia Code, §29A-3-14, and which was approved by
the Committee with the modifications and with the recommendation that the rule be authorized for
adoption by the agencies with amendment:
Natural Resources, Division of
Commercial Sale of Wildlife, 58CSR63 [H. B. 2666].
The Committee submits the following legislative rule to the Legislature with the
recommendation that the rule be withdrawn by the agency:
Pharmacy, Board of
Board of Pharmacy Fees for Pharmacist Recovery Networks, 15CSR11 [H. B. 2667].
The Committee submits the following bills with the recommendation that the bills be passed
by the Legislature:
Credentialing of Health Care Practitioners [H. B. 2668].
Hazardous Waste Management [H. B. 2669].
Respectively submitted,
Legislative Rule-Making
Review Committee
Mike Ross,
State Senate
Virginia Mahan,
House of Delegates
Co-Chairman
Resolutions Introduced
Delegates Shaver, Stemple, Varner, Swartzmiller, Beach, Perry and Williams offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 10 - "Requesting the Joint Committee on Government and Finance to make a study
of the advisability of seeking to improve the West Virginia Department of Transportation Employee
Handbook in an effort to provide a clearer explanation of the meaning of and implications involved
in, the term 'seniority' relative to the employees under the authority of that department."
Whereas, The Department of Transportation has endured a disproportionally high number
of grievances involving claims of discrimination based on personnel decisions involving questions
of seniority; and
Whereas, It is probable that fashioning a clearer explanation of the term "seniority," to be
viewed in similar fashion by employees under the authority of the Department of Transportation,
would earlier resolve questions concerning seniority and thereby, reduce the cost involved in the
grievance procedure while, additionally, reducing hostility among employees and improving employee morale; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby directed to review, examine
and study the advisability of seeking to improve the West Virginia Department of Transportation
Employee Handbook in an effort to provide a clearer explanation of the meaning of and implications
involved in, the term "seniority" relative to the employees under the authority of that department;
and, be it
Further Resolved, That the said Joint Committee on Government and Finance report to the
regular session of the Legislature, 2004, 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 and to prepare a report
be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate Staton and Browning offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 11 - "Requesting the West Virginia Division of Highways to name the bridge
located on Route 85, Kopperston Road, Wyoming County, West Virginia, the 'Wavel Wayne Powell
Bridge'."
Whereas, Wavel Wayne Powell was born on November 17, 1948, at Toney Fork,
Kopperston Road, Route 85, Wyoming County, West Virginia, to Opal Brown Powell and Theodore
W. Powell; and
Whereas, Wavel Wayne Powell attended Oceana High School, graduating in May, 1966;
and
Whereas, Wavel Wayne Powell, unmarried, enlisted in the United States Army serving as
a Private First Class with the 3rd Squadron 11th Armored Cavalry Regiment in the Republic of
Vietnam where he started his tour of duty on March 31, 1969, until he was killed in action on May
2, 1969, in Binh Duong Province of South Vietnam; and
Whereas, Wavel Wayne Powell was awarded the following medals posthumously for
actions and conduct for participating in aerial flight in Vietnam while serving as a helicopter crew
chief and gunner: From April 13, 1969, to April 26, 1969, the Air Medal for Meritorious
Achievement, from April 27, 1969, to May 1, 1969, the Air Medal First Oak Leaf Cluster for
Meritorious Achievement, on April 27, 1969, the Air Medal Second Oak Leaf Cluster for Heroism,
from March, 1969 to May, 1969, the Bronze Star for Meritorious Achievement in Ground Operations
against hostile forces, for actions resulting in his death on May 2, 1969, the Purple Heart and from
the President of the Republic of Vietnam on May 2, 1969, the Military Merit Medal; and
Whereas, Wavel Wayne Powell was 20 years old when he died in the service of his country,
a world away from his native state of West Virginia and his family and friends; prior to his death,
he had actively participated in more than 25 aerial missions over hostile territory in support of
counterinsurgency operations. His conduct exhibited discipline, bravery and devotion to his military
service, his fellow servicemen and his country; and
Whereas, Wavel Wayne Powell unselfishly made the supreme sacrifice for his country,
state, family and friends and in so doing, joined the legions of young American men and women who
have given their lives in past decades so that other people might have a chance to know the meaning
of freedom which is so dear to Americans and West Virginians, who have died and will continue to
die to defend it; and
Whereas, The life and sacrifice of Wavel Wayne Powell should not go unnoticed; therefore,
be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to name
the bridge located on Route 85, Kopperston Road, Wyoming County, West Virginia, near the family
home and the bridge he played on and under as a child the "Wavel Wayne Powell Bridge"; and, be
it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at
either end of the bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the Commissioner of the Division of Highways, and to the surviving relatives of Wavel
Wayne Powell
.
Petitions
Delegates Manchin and Caputo presented a petition, signed by five hundred ninety-six
residents of the 43rd Delegate District, urging support of home schoolers to be allowed to participate
in public school sports programs; which was referred to the Committee on Education.
Delegate Pethtel presented a petition, signed by forty-three employees and residents of
personal care homes, requesting an increase in the reimbursement rate to personal care homes for
West Virginia residents who need assistance; which was referred to the Committee on Health and
Human Resources.
Bills Introduced
On motions 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 title, as follows:
By Delegates Beane, Kuhn, Butcher, Manuel, Spencer, Leggett and Schoen:
H. B. 2554 - "A Bill to amend and reenact section three-a, article one, chapter nineteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to further amend
said article by adding thereto a new section, designated section three-b, all relating to the
continuation of the marketing and development division of the department of agriculture,"
And,
By Delegates Beane, Kuhn, Ferrell, Yeager, Iaquinta, Leggett and Azinger:
H. B. 2555 -- "A Bill to amend and reenact section three, article ten-c, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
continuation of West Virginia's membership in the southern regional education compact."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2554 and H. B. 2555) will be placed on the
Consent Calendar.
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss:
H. B. 2556 - "A Bill to amend article two, chapter thirty-three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section fifteen-a, relating to requiring the insurance commissioner to issue an annual communication
to state and local governmental entities and nonprofit organizations to increase awareness of certain flood insurance issues"; to the Committee on Banking and Insurance then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2557 - "A Bill to amend article fifteen, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nine-h, relating to clarifying that certain consultant services are professional services and
excepted from the sales and use tax"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2558 - "A Bill to amend article three, chapter twenty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section nine, relating to requiring public utilities to maintain an authorized payment agent
in each county in which it does business"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2559 - "A Bill to amend and reenact section five, article twelve, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section eleven, article two, chapter eleven-a of said code; and to further amend said article by adding
thereto a new section, designated section twenty, all relating to payment of personal property taxes
as a condition precedent to receiving or maintaining a business registration certificate; requiring
sheriffs to notify delinquent personal property owners; and requiring the tax commissioner to
suspend or refuse to issue a business registration certificate where business has not paid delinquent
personal property taxes"; to the Committee on the Judiciary then Finance.
Legislative Rule-Making Review Bills
The following bills were introduced authorizing the promulgation of legislative rules:
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2560 - "A Bill to amend and reenact section two, article nine, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the commissioner of agriculture to promulgate a legislative rule relating to the inspection of meat
and poultry"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2561 - "A Bill to amend and reenact section two, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the consolidated public retirement board to promulgate a legislative rule relating to the public
employees retirement system"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2562 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to the NOx
budget trading program as a means of control and reduction of nitrogen oxides from non-electric
generating units"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2563 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to permits for
the construction, modification, relocation and operation of stationary sources of air pollutants,
notification requirements, administrative updates, temporary permits, general permits and procedures for evaluation"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2564 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to standards of
performance for new stationary sources pursuant to 40 CFR part 60"; to the Committee on the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2565 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to the prevention
and control of air pollution from hazardous waste treatment, storage or disposal facilities"; to the
Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2566 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to the NOx
budget trading program as a means of control and reduction of nitrogen oxides from electric
generating units"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2567 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the department of environmental protection to promulgate a legislative rule relating to requirements
for operating permits"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2568 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to emission
standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63"; to the
Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2569 - "A Bill to amend and reenact section two, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the environmental quality board to promulgate a legislative rule relating to requirements governing
water quality standards"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2570 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the ethics commission to promulgate a legislative rule
relating to lobbying"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2571 - "A Bill to amend and reenact section seven, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the governor's committee on crime, delinquency and correction to promulgate a legislative rule relating to community corrections standards"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2572 - "A Bill to amend and reenact section one, article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of highways to promulgate a legislative rule relating to traffic and safety"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2573 - "A Bill to amend and reenact section one, article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of highways to promulgate a legislative rule relating to the transportation of hazardous
wastes upon the roads and highways"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2574 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to 'tail' insurance covering
certain medical and allied health care providers"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2575 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to quality assurance"; to the
Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2576 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to medical malpractice
insurance consent to rate and guide 'A' rate agreements"; to the Committee on Finance then the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2577 - "A Bill to amend and reenact section four, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the manufactured housing construction and safety standards board to promulgate a legislative rule
relating to the board"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2578 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of motor vehicles to promulgate a legislative rule relating to the examination and
issuance of driver's licenses"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2579 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of motor vehicles to promulgate a legislative rule relating to the motor vehicle test and
lock program"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2580 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of motor vehicles to promulgate a legislative rule relating to the motor vehicle
inspection manual"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2581 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of natural resources to promulgate a legislative rule relating to special boating"; to the
Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2582 - "A Bill to amend and reenact section thirteen, article nine, chapter sixty-four
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
authorizing the real estate appraiser licensing and certification board to promulgate a legislative rule
relating to renewal of licensure and certification"; to the Committee on Government Organization
then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2583 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the real estate commission to promulgate a legislative rule
relating to requirements in licensing real estate brokers, associate brokers and salespersons and the
conduct of brokerage businesses"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2584 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the real estate commission to promulgate a legislative rule
relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2585 - "A Bill to amend and reenact section eighteen, article nine, chapter sixty-four
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
authorizing the board of veterinary medicine to promulgate a legislative rule relating to a schedule
of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2586 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of administration to promulgate a legislative rule relating to parking"; to the
Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2587 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of administration to promulgate a legislative rule relating to the general
administration of records management and preservation"; to the Committee on Finance then the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2588 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of administration to promulgate a legislative rule relating to records retention and
disposal scheduling"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2589 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of administration to promulgate a legislative rule relating to the management of
records maintained by the records center"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2590 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of administration to promulgate a legislative rule relating to technology access for
the visually impaired"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2591 - "A Bill to amend and reenact section one, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of administration to promulgate a legislative rule relating to qualifications for
participation"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2592 - "A Bill to amend and reenact section four, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the auditor to promulgate a legislative rule relating to the standards for requisitions for payment issued by state officers on the auditor"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2593 - "A Bill to amend and reenact section four, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the auditor to promulgate a legislative rule relating to the transaction fee and rate structure"; to the
Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2594 - "A Bill to amend and reenact section two, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the consolidated public retirement board to promulgate a legislative rule relating to benefit
determination and appeal"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2595 - "A Bill to amend and reenact section two, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the consolidated public retirement board to promulgate a legislative rule relating to the teachers
defined benefit plan"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2596 - "A Bill to amend and reenact section two, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the consolidated public retirement board to promulgate a legislative rule relating to the West Virginia
state police disability determination and appeal process"; to the Committee on Finance then the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2597 - "A Bill to amend and reenact section five, article nine, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the contractor licensing board to promulgate a legislative rule relating to the West Virginia
contractor licensing act"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2598 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the courthouse facilities improvement authority to
promulgate a legislative rule relating to the authority"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2599 - "A Bill to amend and reenact section one, article four, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of culture and history to promulgate a legislative rule relating to the cultural facilities
and capital resources grant program"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2600 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to acid rain
provisions and permits"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2601 - "A Bill to amend and reenact section one, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to surface
mining and reclamation"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2602 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to coal related
dam safety"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2603 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to standards
for the beneficial use of materials similar to sewage sludge"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2604 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to hazardous
waste management"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2605 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to the hazardous
waste management fund certification legislative rule concerning fee assessment"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2606 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to water
pollution control permit fee schedules"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2607 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the board of dental examiners to promulgate a legislative
rule relating to the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2608 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the board of dental examiners to promulgate a legislative
rule relating to the formation and approval of dental corporations"; to the Committee on Government
Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2609 - "A Bill to amend and reenact section one, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the development office to promulgate a legislative rule relating to community development
assessment and real property valuation procedures for the office of coal field development"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2610 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the family protection services board to promulgate a
legislative rule relating to the operation of the board"; to the Committee on Government
Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2611 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the family protection services board to promulgate a
legislative rule relating to the licensure of domestic violence and perpetrator intervention programs";
to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2612 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the family protection services board to promulgate a
legislative rule relating to perpetrator intervention program licensure"; to the Committee on
Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2613 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to authorizing the family protection services board to promulgate a
legislative rule relating to monitored visitation and exchange program certification"; to the
Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2614 - "A Bill to amend and reenact section one, article six, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the fire commission to promulgate a legislative rule relating to the state building code"; to the
Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2615 - "A Bill to amend and reenact section one, article six, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the fire commission to promulgate a legislative rule relating to fire department rescue services"; to
the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2616 - "A Bill to amend article ten, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section six, relating to authorizing the division of forestry to promulgate a legislative rule relating
to sediment control during commercial timber harvesting operations - licensing"; to the Committee
on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2617 - "A Bill to amend article ten, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six, relating to authorizing the division of forestry to promulgate a legislative rule relating
to sediment control during commercial timber harvesting operations - logger certification"; to the
Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2618 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the board of funeral service examiners to promulgate a
legislative rule relating to the board"; to the Committee on Government Organization then the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2619 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the board of funeral service examiners to promulgate a
legislative rule relating to the crematory requirements"; to the Committee on Government
Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2620 - "A Bill to amend and reenact section seven, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the governor's committee on crime, delinquency and correction to promulgate a legislative rule
relating to law enforcement training standards"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2621 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the health care authority to promulgate a legislative rule
relating to bench-marking and discount contracts"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2622 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two, relating to authorizing the department of health and human resources to promulgate a
legislative rule relating to the nurse aid abuse registry"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2623 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two, relating to authorizing the division of health to promulgate a legislative rule relating to
sewage treatment and collection system design standards"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2624 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two, relating to authorizing the division of health to promulgate a legislative rule relating to
the medical examiner rule for post mortem inquiries"; to the Committee on Finance then the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2625 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two, relating to authorizing the division of health to promulgate a legislative rule relating to
surrogates for incapacitated persons in health care facilities operated by the department of health and
human resources"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2626 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two, relating to authorizing the division of health to promulgate a legislative rule relating to
the uniform credentialing of health care practitioners"; to the Committee on Government
Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2627 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two, relating to authorizing the division of human services to promulgate a legislative rule
relating to day care centers licensing"; to the Committee on Health and Human Resources then the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2628 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two, relating to authorizing the division of human services to promulgate a legislative rule
relating to the tel-assistance program"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2629 - "A Bill to amend article five, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two, relating to authorizing the division of human services to promulgate a legislative rule
relating to family day care home registration requirements"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2630 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to the licensing and conduct of
agents, agencies and solicitors"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2631 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to unfair trade practices"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2632 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to examiners' compensation,
qualifications and classification"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2633 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to excess line brokers"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2634 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to aids"; to the Committee on
Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2635 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to group accident and sickness
insurance minimum policy coverage standards"; to the Committee on Banking and Insurance then
the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2636 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to continuing education for
individual insurance producers"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2637 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to credit personal property
insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2638 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to standards for safeguarding
consumer information"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2639 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to standard motor vehicle policy
provisions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2640 - "A Bill to amend and reenact section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the insurance commissioner to promulgate a legislative rule relating to mental health parity"; to the
Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2641 - "A Bill to amend article six, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four, relating to authorizing the juvenile facilities standards commission to promulgate a
legislative rule relating to minimum standards for the structure, operation and maintenance of
juvenile detention and correctional facilities"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2642 - "A Bill to amend and reenact section three, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the Division of Labor to promulgate a legislative rule relating to the elevator safety act"; to the
Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2643 - "A Bill to amend and reenact section three, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the Division of Labor to promulgate a legislative rule relating to the regulation of trade - weights and
measures"; to the Committee on Industry and Labor, Economic Development and Small Business
then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2644 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the massage therapy licensure board to promulgate a
legislative rule relating to the board"; to the Committee on Government Organization then the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2645 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the board of medicine to promulgate a legislative rule
relating to licensure, disciplinary and complaint procedures, continuing education and physician
assistants"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2646 - "A Bill to amend article ten, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section six, relating to authorizing the board of miner training, education and certification to
promulgate a legislative rule relating to the standards for certification of coal mine electricians"; to
the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2647 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of motor vehicles to promulgate a legislative rule relating to the denial, suspension,
revocation or non-renewal of driving privileges"; to the Committee on Roads and Transportation
then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2648 - "A Bill to amend and reenact section two, article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of motor vehicles to promulgate a legislative rule relating to motor vehicle dealers,
wrecker/dismantle/re-builders and license services, automobile auctions, vehicle leasing companies,
daily passenger rental car businesses and administrative due process"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2649 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of natural resources to promulgate a legislative rule relating to the revocation of hunting
and fishing licenses"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2650 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of natural resources to promulgate a legislative rule relating to prohibitions when
hunting and trapping"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2651 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of natural resources to promulgate a legislative rule relating to deer hunting"; to the
Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2652 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the nursing home administrators licensing board to
promulgate a legislative rule relating to nursing home administrators"; to the Committee on the
Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2653 - "A Bill to amend and reenact section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the department of environmental protection to promulgate a legislative rule relating to the oil and
gas conservation commission"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2654 - "A Bill to amend and reenact section ten, article nine, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the board of optometry to promulgate a legislative rule relating to licensure by endorsement"; to the
Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2655 - "A Bill to amend article two, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section five, relating to authorizing the division of personnel to promulgate a legislative rule relating
to the division"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2656 - "A Bill to amend and reenact section eleven, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the board of pharmacy to promulgate a legislative rule relating to controlled substances monitoring";
to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2657 - "A Bill to amend and reenact section eleven, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the board of pharmacy to promulgate a legislative rule relating to pharmacist recovery networks";
to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2658 - "A Bill to amend and reenact section twelve, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the board of radiologic technology to promulgate a legislative rule relating to the board"; to the
Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2659 - "A Bill to amend and reenact section thirteen, article nine, chapter sixty-four
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
authorizing the real estate appraiser licensing and certification board to promulgate a legislative rule
relating to requirements of licensure and certification"; to the Committee on Government
Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2660 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to authorizing the real estate commission to promulgate a legislative rule
relating to the requirements in approval and registration of real estate courses, course providers and
instructors"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2661 - "A Bill to amend and reenact section fifteen, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the secretary of state to promulgate a legislative rule relating to the registry for notification of a state
of emergency"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2662 - "A Bill to amend and reenact section three, article six, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the state police to promulgate a legislative rule relating to the state police career progression
system"; to the Committee on the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2663 - "A Bill to amend and reenact section one, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the tax commissioner to promulgate a legislative rule relating to the payment of taxes by electronic
funds transfer"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2664 - "A Bill to amend and reenact section one, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the tax commissioner to promulgate a legislative rule relating to the tax credit for medical
malpractice insurance premiums"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2665 - "A Bill to amend and reenact section eighteen, article nine, chapter sixty-four
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
authorizing the board of veterinary medicine to promulgate a legislative rule relating to standards of practice"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2666 - "A Bill to amend and reenact section five, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the division of natural resources to promulgate a legislative rule relating to the commercial sale of
wildlife"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2667 - "A Bill to amend and reenact section eleven, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
the board of pharmacy to promulgate a legislative rule relating to fees for pharmacist recovery
networks"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2668 - "A Bill to amend section two, article one-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to uniform application forms
for credentialing, re-credentialing and updating information for health care practitioners"; to the
Committee on Government Organization.
By Delegates Mahan, Cann, Kominar and Faircloth:
H. B. 2669 - "A Bill to amend and reenact section twenty-two, article eighteen, chapter
twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to terminating the hazardous waste management annual certification fee and the hazardous waste
management fee fund"; to the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that it
do pass), which was read by its title, as follows:
By Delegates Beane, Kuhn, Ferrell, Martin, Tucker, Talbott and Leggett:
H. B. 2670 - "A Bill to amend and reenact section seventeen, article five, chapter twenty-
three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the office of judges."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2670) will be placed on the Consent
Calendar.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2090, Requiring the Ethics Commission to establish a code of conduct
for state administrative law judges,
And,
H. B. 2486, Continuing the public employees insurance agency.
On the passage of the bills, the yeas and nays were taken (Roll No. 24), and there were--yeas
92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth, Foster, Leach, Renner, Schoen, Shelton and
Warner.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bills (Com. Sub. for H. B. 2090 and H. B. 2486) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence therein.
House Calendar
Unfinished Business
H. C. R. 9, Requesting a study on the childhood obesity epidemic in West Virginia; coming
up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
Com. Sub. for H. B. 2203, Relating generally to the requirement of wearing seat belts in
automobiles; on first reading, coming up in regular order, was, on motion of Delegate Staton, laid
over one day.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Coleman, Faircloth, Foster, Leach, Renner, Schoen, Shelton and Warner.
Miscellaneous Business
Delegate Spencer submitted the following written vote explanation on Com. Sub. for H. B.
2122, which passed the House of Delegates on January 16, 2003, as follows:
Delegate Spencer. As a spokesperson for individuals with disabilities, I was concerned
as Com. Sub. for H. B. 2122 came up for a vote in the House of Delegates. I voted for Com. Sub. for
H. B. 2122 in hopes that the bill would be changed in the State Senate. I no longer serve on Judiciary
and therefore had little chance to review the total content of the bill. With a seventy-five page amendment being produced on third reading on the floor of the House of Delegates, it gave members
little chance to give input to the legislation.
At 11:25 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00
p.m., Monday, January 27, 2003.