WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
SIXTEENTH DAY
____________
Charleston, W. Va., Thursday, January 23, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Franklin D. Thomas, Living Faith
Church, Marmet, West Virginia.
Pending the reading of the Journal of Wednesday, January 22,
2003,
On motion of Senator Dempsey, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2323--A Bill to amend and reenact section
nine, article three, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to the state department of education generally; establishing the division
of school personnel; and setting forth certain responsibilities for
the division.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2402--A Bill to amend and reenact sections
eighteen and forty-four, article five, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact section fifteen, article nine-a of said
chapter, all relating to early childhood education programs;
removing early childhood programs as category of public school
kindergarten; stipulating that early childhood education is not
part of system of free schools; excluding federal preschool
handicapped from section; removing compulsory school attendance
requirement for early childhood programs; making implementation a
state goal; requiring integration of public and private programs;
providing for other public and private program certification by
county boards with appeal to state superintendent; authorizing
county boards to assist and contract with other public and private
programs; providing for separate appropriation for early childhood
programs and limiting use of funds; providing standards for
personnel and removing requirement that early childhood teachers be certified; requiring legislative approval of increase in total
number of students enrolled in programs; creating advisory council;
and excluding children below age five from allowance for increased
enrollment.
Referred to the Committee on Education; and then to the
Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Hunter and Rowe:
Senate Bill No. 216-
A Bill to amend and reenact section one,
article sixteen-b, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to expansion
of health coverage to children; and providing exceptions to
application and waiting period if existing coverage is excessively
expensive for families with private health insurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 217-
A Bill to amend and reenact section
twenty-two, article fifteen, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to including water treatment plant sludge within the group of materials determined by the secretary of the department of
environmental protection to have beneficial properties similar to
sewage sludge.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Minard, Oliverio, Minear, Rowe and Jenkins:
Senate Bill No. 218-
A Bill to amend chapter thirty-three of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
twenty-five-f, relating to mandating insurance coverage for certain
clinical trials for ordinary costs of covered services.
Referred to the Committee on Banking and Insurance.
By Senators McCabe, Plymale, Rowe, Minear, Sharpe and Fanning:
Senate Bill No. 219-
A Bill to amend and reenact sections five
and twelve, article six, chapter twelve 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 eighteen, all relating to the powers of the
investment management board; extending the powers of the board;
increasing the percentage of equity investments allowed to be held
for certain funds; defining "international security"; specifically
expanding the board's investment authority; limiting the percentage
of assets to be placed in alternative investments; and constituting
that the board, in the exercise of its investment decisions, is conclusively correct unless clearly erroneous.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Bowman, Minard, Minear, Hunter, Rowe, Kessler,
Sharpe, Dempsey and Plymale:
Senate Bill No. 220-
A Bill to amend article twenty-two,
chapter twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section nine-b, relating to the lottery; providing for
an instant scratch-off lottery ticket game to benefit firefighters;
creating a special fund within the state treasury for the
firefighter lottery ticket proceeds; appropriating the firefighter
lottery ticket proceeds to specific purposes; requiring the lottery
commission to change the design of the ticket on a regular basis;
and requiring the state fire commission to annually report to the
joint committee on government and finance.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bowman, Bailey, Minard and Hunter:
Senate Bill No. 221-A Bill to amend and reenact sections five-
a, five-b, five-c and five-d, article five, chapter twenty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to the licensure and regulation of
psychophysiological detection of deception examiners; creating categories of licensure; authorizing legislative rules; prohibited
activities; and penalties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bowman, Minard, Rowe, Hunter, Kessler, Plymale,
White, Fanning, Jenkins, Unger, Sharpe, Ross, Dempsey, Weeks,
Sprouse, Smith, Harrison, Love, Facemyer, Helmick, Edgell, McCabe,
Guills, Oliverio, Minear and Tomblin (Mr. President:
Senate Bill No. 222-
A Bill to amend article twenty-one,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section twelve-f, relating to providing an exemption
from gross income for certain members of volunteer fire departments
for state personal income tax purposes.
Referred to the Committee on Finance.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 223--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
nonelectric generating units.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 224--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.
Referred to the Committee on Natural Resources; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 225--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 226--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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 227--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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 228--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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 229--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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 230--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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 231--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.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 232--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.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 233--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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 234--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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 235--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.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 236--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.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 237--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.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 238--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.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 239--
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.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 240--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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 241--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.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 242--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 243--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 244--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 245--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 246--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 247--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.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 248--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.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 249--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.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 250--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 251--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 252--
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.
Referred to the Committee on Natural Resources; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 253--
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.
Referred to the Committee on Natural Resources; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 254--
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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 255--
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.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 256--
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 coalfield community
development.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 257--
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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 258--
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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 259--
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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 260--
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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 261--
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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 262--
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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 263--
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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 264--
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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 265--
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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 266--
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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 267--
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.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 268--
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.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 269--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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 270--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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 271--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 benchmarking and
discount contracts.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 272--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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 273--
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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 274--
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 postmortem inquiries.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 275--
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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 276--
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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 277--
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.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 278--
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
.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 279--
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.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 280--
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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Bailey:
Senate Joint Resolution No. 6-Proposing an amendment to the
Constitution of the State of West Virginia, amending section
thirty-three, article VI thereof, relating to legislative pay raise
reform; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed
amendment.
Referred to the Committee on Finance.
Senators Boley, Deem, Smith, Facemyer, Ross and Sharpe offered
the following resolution:
Senate Concurrent Resolution No. 11--
Requesting the Division
of Highways name the new bridge on Route 5 near Elizabeth, Wirt
County, the "World War II Veterans Memorial Bridge".
Whereas, Per capita, more of West Virginia's sons and daughters have served in the military than any other state in the
nation; and
Whereas, Recognition of those who served and paid the ultimate
price for freedom during World War II serves as a reminder to
future generations of the strength of our nation in times of war;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 5 near Elizabeth, Wirt County, the "World
War II Veterans Memorial Bridge" as a lasting tribute to those who
served our nation with pride and distinction during World War II;
and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"World War II Veterans Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution the Secretary of the
Department of Transportation.
Which, under the rules, lies over one day.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 281 (originating in the Committee on
Government Organization)--A Bill to amend and reenact section four,
article one, chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
continuation of the department of environmental protection.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 282 (originating in the Committee on
Government Organization)--A Bill to amend and reenact section
twenty-four, article two, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to continuation of the division of motor vehicles.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 283 (originating in the Committee on
Government Organization)--A Bill to amend and reenact section ten,
article one, chapter twenty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
continuation of the public service commission.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 284 (originating in the Committee on
Government Organization)--A Bill to amend and reenact section
fifty-seven, article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the continuation of the division of purchasing within the department of administration.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the seventh order of business.
House Concurrent Resolutions No. 4, Urging President Bush to
reconsider newly issued VA regulations that will change veterans'
access to health care services.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, and by unanimous consent,
further consideration of the resolution was made a special order of
business under unfinished business on Monday, January 27, 2003.
Senate Concurrent Resolutions No. 10, Requesting Joint
Committee on Government and Finance continue study on county and
municipal land-use planning.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 178, Relating to subject matter
jurisdiction in family courts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Senate Bill No. 186, Defining aggrieved person for purposes of
board of zoning appeals.
Senate Bill No. 189, Relating to approval of out-of-state bank
applications to establish bank branches.
Senate Bill No. 190, Requiring more examinations for certain
banks to track current practice with federal regulators.
Com. Sub. for Senate Bill No. 191, Relating to state-chartered
credit union converting to federal or another state charter.
Senate Bill No. 192, Relating to notice from certain bank
holding companies.
And,
Senate Bill No. 215, Making supplementary appropriation to
department of health and human resources, health care authority.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 24, 2003, at 11 a.m.
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