WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
SEVENTEENTH DAY
____________
Charleston, W. Va., Friday, January 24, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Damron B. Bradshaw, Racine
United Methodist Church, Racine, West Virginia.
Pending the reading of the Journal of Thursday, January 23,
2003,
On motion of Senator Edgell, 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 Clerk presented the following communication from the
Legislative Oversight Committee on the Regional Jail and
Correctional Facility Authority, submitting its annual report due
the Legislature in compliance with the statute:
WEST VIRGINIA LEGISLATURE
LEGISLATIVE OVERSIGHT COMMITTEE
ON THE REGIONAL JAIL AND
CORRECTIONAL FACILITY AUTHORITY
CHARLESTON
January 23, 2003
West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
Pursuant to West Virginia Code §31-20-26, the Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority makes the following report to the 2003 Regular Session of
the Legislature.
The Committee met seven times during the 2002 Interim Period.
During the 2002 Interim Period, the Committee received regular
updating reports from:
Jim Rubenstein, Commissioner of the Division of Corrections,
and his staff; and
Steven D. Canterbury, Executive Director of the Regional Jail
and Correctional Facility Authority, and his staff.
The Committee also received presentations from:
Manfred Holland, Director, Division of Juvenile Services;
F. Douglas Stump, Chairman, West Virginia Parole Board;
J. Norbert Federspiel, Director, Division of Criminal Justice
Services;
Laura Hutzel, Director, Statistical Analysis Center, Division
of Criminal Justice Services;
James R. Lee, Chief Probation Officer, First Judicial Circuit;
Scott W. Patterson, Warden, Anthony Correctional Center,
Division of Corrections;
Frank D. Andrews, Superintendent of Institutional Education
Programs, West Virginia Department of Education;
Dewey Hoover, Electrical Technology Instructor, West Virginia
Department of Education, Denmar Correctional Center;
Sue Shupe, Lead Teacher at Denmar Correctional Center;
Judy Burkle, Lead Teacher at St. Marys Correctional Center;
and
Matthew J. Watts, Senior Pastor, Grace Bible Church of
Charleston.
Major topics of Committee consideration and discussion this
year included:
1. The need for additional funding for the St. Marys
Correctional Center;
2. The crowding problem in regional jails and correctional
facilities;
3. The transfer of state-sentenced inmates being housed in
regional jails to Division of Corrections facilities;
4. The progress of planning and construction of regional jails, juvenile detention facilities and correctional facilities;
5. Concerns regarding salaries and staffing;
6. The need for additional capacity to house inmates
sentenced to the custody of the Division of Corrections; and
7. The care of inmates with hepatitis and other medical
problems.
During 2002 several of the Committee's members visited the
National Corrections and Law Enforcement Training and Technology
Center in Moundsville, West Virginia.
During the 2002 Interim Period the Committee was informed of
the following information of special significance:
1. The per diem payment for housing inmates in regional jail
would probably not increase in 2003;
2. Inmate populations in regional jails increased from 2,211
on January 5, 2002, to 2,632 on January 3, 2003;
3. The number of state-sentenced inmates being housed in
regional jails increased from 526 to 815 during this period; and
4. The daily average inmate population under the supervision
of the Division of Corrections increased 327, from 4,210 in
December of 2001, to 4,537 on January 2, 2003.
Inmates Housed in Regional Jails
Number of Number of
State- State-
Inmate Inmate Sentenced Sentenced
Regional Count as Count as Inmates as Inmates as
Jail of 1/5/02 of 1/3/03 of 1/5/02 of 1/3/03
Central
(Flatwoods) 177 207 39 86
Eastern
(Martinsburg) 296 307 54 84
North Central
(West Union) 378 427 91 142
Northern
(Moundsville) 204 265 50 81
Potomac Highlands
(Augusta) 152 199 88 110
South Central
(Charleston) 364 468 59 69
Southern
(Beckley) 391 439 14 115
Southwestern
(Holden) 249_____________________ 320_______ 131_________ 128
Totals 2,211 2,632 526 815
Respectfully submitted,
Shirley Love,
Senate,
Dale Manuel,
House of Delegates,
Cochairs.
Which communication was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented the following report
of the Legislative Rule-Making Review Committee, which was
received:
WEST VIRGINIA LEGISLATURE
LEGISLATIVE RULE-MAKING REVIEW COMMITTEE
CHARLESTON
January 22, 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 chairs 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 (61 CSR 16)
Consolidated Public Retirement Board
Public Employees Retirement System (162 CSR 5)
DEP-Air Quality, Division of
NOx Budget Trading Program as a Means of Control and
Reduction of Nitrogen Oxides from Nonelectric Generating
Units (45 CSR 1)
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 (45 CSR 13)
DEP-Air Quality, Division of
Standards of Performance for New Stationary Sources
Pursuant to 40 CFR Part 60 (45 CSR 16)
DEP-Air Quality, Division of
To Prevent and Control Air Pollution from Hazardous Waste
Treatment, Storage or Disposal Facilities (45 CSR 25)
DEP-Air Quality, Division of
NOx Budget Trading Program as a Means of Control and
Reduction of Nitrogen Oxides from Electric Generating
Units (45 CSR 26)
DEP-Air Quality, Division of
Requirements for Operating Permits (45 CSR 30)
DEP-Air Quality, Division of
Emission Standards for Hazardous Air Pollutants for
Source Categories Pursuant to 40 CFR Part 63 (45 CSR 34)
Environmental Quality Board
Requirements Governing Water Quality Standards (46 CSR 1)
Ethics Commission
Lobbying (158 CSR 12)
Governor's Committee on Crime, Delinquency and Correction
Community Correction Standards (149 CSR 4)
Highways, Division of
Traffic and Safety Rule (157 CSR 5)
Highways, Division of
Transportation of Hazardous Wastes Upon the Roads and
Highways (157 CSR 7)
Insurance Commissioner
Tail Malpractice Insurance Covering Certain Medical and
Allied Health Care Providers (114 CSR 30)
Insurance Commissioner
Quality Assurance (114 CSR 53)
Insurance Commissioner
Medical Malpractice Insurance Consent to Rate and Guide
"A" Rate Agreements (114 CSR 59)
Manufactured Housing Construction and Safety Standards Board
West Virginia Manufactured Housing Construction and
Safety Standards Board (42 CSR 19)
Motor Vehicles, Division of
Examination and Issuance of Driver's Licenses (91 CSR 4)
Motor Vehicles, Division of
Motor Vehicle Test and Lock Program (91 CSR 9)
Motor Vehicles, Division of
Motor Vehicle Inspection Manual (91 CSR 12)
Natural Resources, Division of
Special Boating Rule (58 CSR 26)
Real Estate Appraiser Licensing and Certification Board
Renewal of Licensure or Certification (190 CSR 3)
Real Estate Commission
Requirements in Licensing Real Estate Brokers, Associate
Brokers and Salespersons and the Conduct of Brokerage
Business (174 CSR 1)
Real Estate Commission
Schedule of Fees (174 CSR 2)
Veterinary Medicine, Board of
Schedule of Fees (26 CSR 6)
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 with the
recommendation that the proposed rules be authorized for adoption
by the respective agencies as modified:
Administration, Department of
Parking (148 CSR 6)
Administration, Department of
General Administration of Records Management and
Preservation (148 CSR 12)
Administration, Department of
Records Retention and Disposal Scheduling (148 CSR 13)
Administration, Department of
Management of Records Maintained by Records Center (148
CSR 14)
Administration, Department of
Rule for Technology Access for Visually Impaired (148 CSR
15)
Administration, Department of
Rules and Regulations for Qualifications for
Participation (186 CSR 4)
Auditor, Office of the State
Standards for Requisitions for Payment Issued by State
Officers on the Auditor (155 CSR 1)
Auditor, Office of the State
Transaction Fee and Rate Structure (155 CSR 4)
Consolidated Public Retirement Board
Benefit Determination and Appeal (162 CSR 2)
Consolidated Public Retirement Board
Teachers Defined Benefit Plan (162 CSR 4)
Consolidated Public Retirement Board
West Virginia State Police Disability Determination and
Appeal Process (162 CSR 9)
Contractor Licensing Board
West Virginia Contractor Licensing Act (28 CSR 2)
Courthouse Facilities Improvement Authority
Courthouse Facilities Improvement Authority (203 CSR 1)
Culture and History
Cultural Facilities and Capital Resources Grant Program
(82 CSR 7)
DEP-Air Quality, Division of
Acid Rain Provisions and Permits (45 CSR 33)
DEP-Mining and Reclamation, Division of
Surface Mining Reclamation Rule (38 CSR 2)
DEP-Mining and Reclamation, Division of
Coal-Related Dam Safety Rule (38 CSR 4)
DEP-Waste Management, Division of
Standards for Beneficial Use of Materials Similar to
Sewage Sludge (33 CSR 8)
DEP-Waste Management, Division of
Hazardous Waste Management (33 CSR 20)
DEP-Waste Management, Division of
Hazardous Waste Management Fund Certification Legislative
Rules Concerning Fee Assessment (33 CSR 24)
DEP-Water Resources, Division of
Water Pollution Control Permit Fee Schedules (47 CSR 26)
Dental Examiners, Board of
Rule for the West Virginia Board of Dental Examiners (5
CSR 1)
Dental Examiners, Board of
Formation and Approval of Dental Corporations (5 CSR 6)
Development Office
Community Development Assessment and Real Property
Valuation Procedures for Office of Coalfield Community
Development (145 CSR 8)
Family Protection Services Board
Operation of the Family Protection Services Board (191
CSR 1)
Family Protection Services Board
Licensure of Domestic Violence and Perpetrator
Intervention Programs (191 CSR 2)
Family Protection Services Board
Perpetrator Intervention Program Licensure (191 CSR 3)
Family Protection Services Board
Monitored Visitation and Exchange Program Certification
(191 CSR 4)
Fire Commission, State
State Building Code (87 CSR 4)
Fire Commission, State
Fire Department Rescue Services (87 CSR 6)
Forestry, Division of
Sediment Control During Commercial Timber-Harvesting
Operations--Licensing (22 CSR 2)
Forestry, Division of
Sediment Control During Commercial Timber-Harvesting
Operations--Logger Certification (22 CSR 3)
Funeral Service Examiners, Board of
General Provisions (6 CSR 1)
Funeral Service Examiners, Board of
Crematory Requirements (6 CSR 2)
Governor's Committee on Crime, Delinquency and Correction
Law-Enforcement Training Standards (149 CSR 2)
Health Care Authority
Benchmarking and Discount Contract Rule (65 CSR 26)
Health and Human Resources, Department of
Nurse Aide Abuse Registry (69 CSR 6)
Health, Division of
Sewage Treatment and Collection System Design Standards
(64 CSR 47)
Health, Division of
Medical Examiner Rule for Postmortem Inquiries (64 CSR
84)
Health, Division of
Surrogates for Incapacitated Persons in Health Care
Facilities Operated by the Department of Health and Human
Resources (64 CSR 86)
Health, Division of
Uniform Credentialing of Health Care Practitioners (64
CSR 89)
Human Services, Division of
Day Care Centers Licensing (78 CSR 1)
Human Services, Division of
Tel-Assistance Program (78 CSR 15)
Human Services, Division of
Family Day Care Home Registration Requirements (78 CSR
19)
Insurance Commissioner
Licensing and Conduct of Agents, Agencies and Solicitors
(114 CSR 2)
Insurance Commissioner
Unfair Trade Practices (114 CSR 14)
Insurance Commissioner
Examiners' Compensation, Qualifications and
Classification (114 CSR 15)
Insurance Commissioner
Excess Line Brokers (114 CSR 20)
Insurance Commissioner
AIDS Regulations (114 CSR 27)
Insurance Commissioner
Group Accident and Sickness Insurance Minimum Policy
Coverage Standards (114 CSR 39)
Insurance Commissioner
Continuing Education for Individual Insurance Producers
(114 CSR 42)
Insurance Commissioner
Credit Personal Property Insurance (114 CSR 61)
Insurance Commissioner
Standards for Safeguarding Consumer Information (114 CSR
62)
Insurance Commissioner
Standard Motor Vehicle Policy Provisions (114 CSR 63)
Insurance Commissioner
Mental Health Parity (114 CSR 64)
Juvenile Services, Division of
West Virginia Minimum Standards for Structure, Operation
and Maintenance of Juvenile Detention and Correctional
Facilities (101 CSR 1)
Labor, Division of
Elevator Safety Act (42 CSR 21)
Labor, Division of
Regulation of Trade--Weights and Measures (42 CSR 22)
Massage Therapy Licensure Board
General Provisions (194 CSR 1)
Medicine, Board of
Licensure, Disciplinary and Complaint Procedures,
Continuing Education, Physician Assistants (11 CSR 1B)
Miner Training, Education and Certification, Board of
Rules and Regulations Governing the Standards for
Certification of Coal Mine Electricians (48 CSR 7)
Motor Vehicles, Division of
Denial, Suspension, Revocation or Nonrenewal of Driving
Privileges (91 CSR 5)
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 (91 CSR 6)
Natural Resources, Division of
Revocation of Hunting and Fishing Licenses (58 CSR 23)
Natural Resources, Division of
Prohibitions When Hunting and Trapping (58 CSR 47)
Natural Resources, Division of
Deer Hunting Regulations (58 CSR 50)
Nursing Home Administrators Licensing Board
Nursing Home Administrators (21 CSR 1)
Oil and Gas Conservation Commission
Rules of the Commission (39 CSR 1)
Optometry, Board of
Licensure by Endorsement (14 CSR 8)
Personnel, Division of
Administrative Rule of the West Virginia Division of
Personnel (143 CSR 1)
Pharmacy, Board of
Controlled Substances Monitoring (15 CSR 8)
Pharmacy, Board of
Board of Pharmacy Rule for Pharmacist Recovery Networks
(15 CSR 10)
Radiologic Technology Board of Examiners
Rule of the West Virginia Radiologic Technology Board of
Examiners (18 CSR 1)
Real Estate Appraiser Licensing and Certification Board
Requirements for Licensure and Certification (190 CSR 2)
Real Estate Commission
Requirements in Approval and Registration of Real Estate
Courses, Course Providers and Instructors (174 CSR 3)
Secretary of State
Registry for Notification of a State of Emergency (153
CSR 33)
State Police
West Virginia State Police Career Progression System (81
CSR 3)
Tax Commissioner
Payment of Taxes by Electronic Funds Transfer (110 CSR 10F)
Tax Commissioner
Tax Credit for Medical Malpractice Insurance Premiums
(110 CSR 13P)
Veterinary Medicine, Board of
Standards of Practice (26 CSR 4)
The Committee submits the following legislative rules which
were modified by the agencies 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 rules be authorized for adoption by the agencies with
amendments:
Natural Resources, Division of
Commercial Sale of Wildlife (58 CSR 63)
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
(15 CSR 11)
The Committee submits the following bills with the
recommendation that the bill be passed by the Legislature:
Credentialing of Health Care Practitioners
Hazardous Waste Management
Respectfully submitted,
Mike Ross,
Senate,
Virginia Mahan,
House of Delegates,
Cochairs.
The Senate proceeded to the third order of business.
Executive Communications
Senator Tomblin (Mr. President) then laid before the Senate
the following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
January 23, 2003
Senate Executive Message No. 2
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1. For Member, Board of Directors of the West Virginia United Health System, Inc., Betty Puskar, Morgantown, Monongalia
County, for the term ending October 15, 2008.
2. For Member, Board of Directors of the West Virginia
United Health System, Inc., Jim Jeffrey, Logan, Logan County, for
the term ending October 15, 2008.
3. For Member, Special Reclamation Fund Advisory Council,
Bill Raney, Charleston, Kanawha County, for the term ending June
30, 2004.
4. For Member, Special Reclamation Fund Advisory Council,
Michael Hick, Huntington, Cabell County, for the term ending June
30, 2006.
5. For Member, Special Reclamation Fund Advisory Council,
John Rubin, Hernshaw, Kanawha County, for the term ending June 30,
2006.
6. For Member, Special Reclamation Fund Advisory Council,
The Honorable Vicki Douglas, Martinsburg, Berkeley County, for the
term ending June 30, 2008.
7. For Member, Board of Occupational Therapy, Gene Brooks,
Charleston, Kanawha County, for the term ending December 31, 2004.
8. For Member, Higher Education Policy Commission, Richard
K. Hall, Yawkey, Lincoln County, for the term ending June 30, 2005.
9. For Member, Environmental Quality Board, D. Scott
Simonton, Charleston, Kanawha County, for the term ending June 30, 2007.
10. For Member, Statewide Independent Living Council, Karen
Davis, Charleston, Kanawha County, for the term ending June 30,
2005.
11. For Member, Statewide Independent Living Council, Mark
Jenkinson, Martinsburg, Berkeley County, for the term ending June
30, 2005.
12. For Member, Statewide Independent Living Council, Jack
Mitchell, Harper's Ferry, Jefferson County, for the term ending
June 30, 2005.
13. For Member, Statewide Independent Living Council, Joe
Szilvasi, Hinton, Summers County, for the term ending June 30,
2005.
14. For Member, Statewide Independent Living Council, Chris
Cain, Nitro, Kanawha County, for the term ending June 30, 2005.
15. For Member, Statewide Independent Living Council, Joyce
Floyd, Elkins, Randolph County, for the term ending June 30, 2005.
16. For Member, Statewide Independent Living Council, Howard
Hurd, Bancroft, Putnam County, for the term ending June 30, 2005.
17. For Member, Statewide Independent Living Council, Linda
Maniak, Charleston, Kanawha County, for the term ending June 30,
2003.
18. For Member, Statewide Independent Living Council, Cathy Reed, Fairmont, Marion County, for the term ending June 30, 2005.
19. For Member, Statewide Independent Living Council, Odessa
Williams, Huntington, Cabell County, for the term ending June 30,
2005.
20. For Member, National Coal Heritage Area Authority, The
Honorable Earnest Kuhn, Van, Boone County, for the term ending June
30, 2004.
21. For Member, National Coal Heritage Area Authority, Mack
Gillenwater, Huntington, Cabell County, for the term ending June
30, 2003.
22. For Member, National Coal Heritage Area Authority, Joanne
Tomblin, Chapmanville, Logan County, for the term ending June 30,
2006.
23. For Member, National Coal Heritage Area Authority, The
Honorable K. Steven Kominar, Kermit, Mingo County, for the term
ending June 30, 2005.
24. For Member, National Coal Heritage Area Authority, Rhenda
Morris, Beckley, Raleigh County, for the term ending June 30, 2006.
25. For Member, National Coal Heritage Area Authority, Cleo
Mathews, Hinton, Summers County, for the term ending June 30, 2003.
26. For Member, National Coal Heritage Area Authority, The
Honorable Robert Plymale, Ceredo, Wayne County, for the term ending
June 30, 2005.
27. For Member, National Coal Heritage Area Authority, The
Honorable Richard Browning, Pineville, Wyoming County, for the term
ending June 30, 2004.
28. For Member, National Coal Heritage Area Authority, Stuart
McGhee, Bluefield, Mercer County, for the term ending June 30,
2004.
29. For Member, Real Estate Appraiser Licensing and
Certification Board, Barbara Argabrite, Vienna, Wood County, for
the term ending June 30, 2004.
30. For Member, Real Estate Appraiser Licensing and
Certification Board, Timothy W. Helmick, Cross Lanes, Kanawha
County, for the term ending June 30, 2004.
31. For Member, State Fire Commission, Kenneth Morgan,
Charleston, Kanawha County, for the term ending June 30, 2007.
32. For Member, State Fire Commission, Victor Stallard,
Williamstown, Wood County, for the term ending June 30, 2007.
33. For Member, State Fire Commission, Randy James, Gassaway,
Braxton County, for the term ending June 30, 2007.
34. For Member, State Fire Commission, Francis A. Guffey II,
Charleston, Kanawha County, for the term ending June 30, 2007.
35. For Member, State Library Commission, Kathryn McAteer,
Shepherdstown, Jefferson County, for the term ending June 30, 2003.
36. For Member, Women's Commission, Kitty B. Frazier, Cross Lanes, Kanawha County, for the term ending June 30, 2003.
37. For Member, Board of Examiners for Registered
Professional Nurses, Linda Williams, Shady Spring, Raleigh County,
for the term ending June 30, 2007.
38. For Member, Board of Examiners for Registered
Professional Nurses, Barbara Bales Stevens, Barboursville, Cabell
County, for the term ending June 30, 2006.
39. For Member, State Board of Examiners for Licensed
Practical Nurses, Catherine J. Vance, French Creek, Upshur County,
for the term ending June 30, 2006.
40. For Member, State Board of Examiners for Licensed
Practical Nurses, Vickie Sue Bennett, Belington, Barbour County,
for the term ending June 30, 2007.
41. For Member, State Board of Examiners for Licensed
Practical Nurses, Jean Hunter Yates, Milton, Cabell County, for the
term ending June 30, 2006.
42. For Member, State Board of Examiners for Licensed
Practical Nurses, Duane Napier, Huntington, Cabell County, for the
term ending June 30, 2007.
43. For Member, State Board of Examiners for Licensed
Practical Nurses, Dr. Mark K. Stephens, Charleston, Kanawha County,
for the term ending June 30, 2005.
44. For Member, State Lottery Commission, Michael Adams, Weirton, Hancock County, for the term ending June 30, 2007.
45. For Member, Board of Architects, Lloyd W. Miller, South
Charleston, Kanawha County, for the term ending June 30, 2007.
46. For Member, Board of Architects, Jeffry Kreps,
Charleston, Kanawha County, for the term ending June 30, 2003.
47. For Member, Board of Architects, Gary Markham,
Charleston, Kanawha County, for the term ending June 30, 2007.
48. For Member, Board of Architects, Jan Fox, Charleston,
Kanawha County, for the term ending June 30, 2007.
49. For Chief Administrative Law Judge of the Office of Tax
Appeals, R. Michael Reed, Elkview, Kanawha County, to serve at the
will and pleasure of the Governor.
50. For Member, Board of Dental Examiners, Dolores Gribble,
Clarksburg, Harrison County, for the term ending June 30, 2007.
51. For Member, Board of Dental Examiners, Dina A. Vaughn,
Lewisburg, Greenbrier County, for the term ending June 30, 2007.
52. For Member, Center for Professional Development, Frank
Devono, Clarksburg, Harrison County, for the term ending June 30,
2004.
53. For Member, Center for Professional Development, Victoria
Smith, Huntington, Cabell County, for the term ending June 30,
2004.
54. For Member, Center for Professional Development, Dr. Sandy Bailey, Beaver, Raleigh County, for the term ending June 30,
2004.
55. For Member, Center for Professional Development, Suzanne
Snyder, Fairmont, Marion County, for the term ending June 30, 2004.
56. For Member, Center for Professional Development, Lora
Sturm, Ripley, Jackson County, for the term ending June 30, 2004.
57. For Member, Board of Education, Delores W. Cook,
Ridgeview, Boone County, for the term ending November 4, 2010.
58. For Member, Board of Funeral Service Examiners, Eugene T.
Fahey, Wheeling, Ohio County, for the term ending June 30, 2006.
59. For Member, Board of Funeral Service Examiners, R. Brent
Parker, Charleston, Kanawha County, for the term ending June 30,
2005.
60. For Member, Board of Funeral Service Examiners, John
Chapman, Hurricane, Putnam County, for the term ending June 30,
2005.
61. For Member, Board of Funeral Service Examiners, A. Craig
Rotruck, Kingwood, Preston County, for the term ending June 30,
2005.
62. For Member, Board of Funeral Service Examiners, Stephen
Varner, Littleton, Wetzel County, for the term ending June 30,
2005.
63. For Director, Division of Veterans' Affairs, The Honorable Larry A. Linch, Clarksburg, Harrison County, to serve at
the will and pleasure of the Governor.
64. For Member, Housing Development Fund, Julia Elbon,
Elkins, Randolph County, for the term ending October 30, 2006.
65. For Member, Board of Banking and Financial Institutions,
James J. Cava, Jr., Ridgeley, Mineral County, for the term ending
June 30, 2008.
66. For Member, Board of Medicine, Patricia Ann Hussey,
Charleston, Kanawha County, for the term ending September 30, 2007.
67. For Member, Board of Medicine, Dr. Vettivelu Maheswaran,
Ranson, Jefferson County, for the term ending September 30, 2006.
68. For Member, School Building Authority, Steve Burton,
Pritchard, Wayne County, for the term ending July 31, 2006.
69. For Member, Human Rights Commission, Lew Tyree,
Charleston, Kanawha County, for the term ending June 30, 2005.
70. For Member, Human Rights Commission, Ken Gilbert,
Parkersburg, Wood County, for the term ending June 30, 2005.
71. For Member, Human Rights Commission, Marion Capehart,
Welch, McDowell County, for the term ending June 30, 2005.
72. For Member, Human Rights Commission, Joan Browning,
Ronceverte, Greenbrier County, for the term ending June 30, 2005.
73. For Member, Human Rights Commission, H. R. Whittington,
St. Albans, Kanawha County, for the term ending June 30, 2005.
74. For Member, Human Rights Commission, Betsy Haught,
Barrackville, Marion County, for the term ending June 30, 2005.
75. For Member, Board of Examiners of Psychologists, Dr. Lane
Wagaman, Lewisburg, Greenbrier County, for the term ending June 30,
2005.
76. For Member, Board of Examiners of Psychologists, Robert
J. Childers, Washington, Wood County, for the term ending June 30,
2005.
77. For Member, Motorcycle Safety Awareness Board, Ray Carey,
Charleston, Kanawha County, for the term ending June 30, 2005.
78. For Member, Motorcycle Safety Awareness Board, Joseph M.
Tyree, Scott Depot, Putnam County, for the term ending June 30,
2005.
79. For Member, West Virginia State College Board of
Governors, William B. Goode, Charleston, Kanawha County, for the
term ending June 30, 2006.
80. For Member, West Virginia State College Board of
Governors, James Rowley, Charleston, Kanawha County, for the term
ending June 30, 2006.
81. For Member, West Virginia State College Board of
Governors, Thomas D. Boston, Atlanta, Georgia, for the term ending
June 30, 2006.
82. For Member, Bluefield State College Board of Governors, Louis Aikens, Winston-Salem, North Carolina, for the term ending
June 30, 2006.
83. For Member, Workforce Investment Council, Judi L. Almond,
Crab Orchard, Raleigh County, for the term ending May 22, 2005.
84. For Member, Committee for the Purchase of Commodities and
Services from the Handicapped, Linda Maniak, Charleston, Kanawha
County, for the term ending January 31, 2005.
85. For Member, Committee for the Purchase of Commodities and
Services from the Handicapped, Kenneth W. Kennedy, Charleston,
Kanawha County, for the term ending January 31, 2005.
86. For Member, Committee for the Purchase of Commodities and
Services from the Handicapped, LeRoy E. Dixon, Jr., Rock Cave,
Upshur County, for the term ending January 31, 2005.
87. For Member, Committee for the Purchase of Commodities and
Services from the Handicapped, Dennis C. Miller, Cross Lanes,
Kanawha County, for the term ending January 31, 2005.
88. For Member, Committee for the Purchase of Commodities and
Services from the Handicapped, Everett Sullivan, Dunbar, Kanawha
County, for the term ending January 31, 2005.
89. For Member, Committee for the Purchase of Commodities and
Services from the Handicapped, Donna Prunty, Charleston, Kanawha
County, for the term ending January 31, 2005.
90. For Member, Consolidated Public Retirement Board, Carl A. Guthrie, Belmont, Pleasants County, for the term ending June 30,
2007.
91. For Member, Consolidated Public Retirement Board, Janet
Wilson, Clarksburg, Harrison County, for the term ending June 30,
2007.
92. For Member, Women's Commission, Wendy Thomas, Huntington,
Cabell County, for the term ending June 30, 2005.
93. For Member, Women's Commission, Geraldine G. Henderson,
Buckhannon, Upshur County, for the term ending June 30, 2005.
94. For Member, Women's Commission, Mary Patricia Thompson
Steptoe, Clarksburg, Harrison County, for the term ending June 30,
2005.
95. For Member, Board of Examiners of Land Surveyors,
Marshall W. Robinson, Clay, Clay County, for the term ending June
30, 2005.
96. For Member, Shepherd College Board of Governors, Lauri M.
Bridgeforth, Winchester, Virginia, for the term ending June 30,
2006.
97. For Member, Tourism Commission, William Bright,
Summersville, Nicholas County, for the term ending May 1, 2006.
98. For Member, Board of Education, The Honorable Lloyd G.
Jackson II, Hamlin, Lincoln County, for the term ending November 4,
2011.
99. For Member, Board of Education, Sheila Hamilton,
Shepherdstown, Jefferson County, for the term ending November 4,
2006.
100. For Member, Board of Education, Priscilla Haden,
Charleston, Kanawha County, for the term ending November 4, 2004.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Very truly yours,
Bob Wise,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Love, consideration of the nominations
immediately hereinbefore reported was made a special order of
business for Saturday, March 8, 2003, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 39, Making false alarm felony.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 39 (originating in the Committee
on the Judiciary)--A Bill to amend and reenact section twenty-
seven, article three, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to increasing the criminal offense for a false fire alarm
to a felony where it is done with intent to cause injury to persons
or property to divert attention from another offense.
And,
Senate Bill No. 109, Requiring circuit court provide
notification to child's school when parental custody changes.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 109 (originating in the
Committee on the Judiciary)--A Bill to amend article nine, chapter
forty-eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section six hundred five, relating to notification to a third party
of the entry of an order which impacts a child's care and
education.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 120, Changing qualification rank for adjutant
general to lieutenant.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jon Blair Hunter,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 205, Modifying criminal intent for animal
cruelty crimes; fines.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Eng. Com. Sub. for House Bill No. 2121, Establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Ross,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on the Transportation pending.
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 Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 285--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.
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. 286--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 287--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 288--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 289--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 290--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 291--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 292--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 293--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 294--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 295--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 296--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 297--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 298--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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 299--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.
Referred to the Committee on Banking and Insurance; 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. 300--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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 301--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.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 302--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.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 303--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.
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. 304--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.
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. 305--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.
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. 306--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.
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. 307--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.
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. 308--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.
Referred to the Committee on Transportation; 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. 309--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
nonrenewal of driving privileges.
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. 310--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/dismantler/rebuilders and license services, automobile
auctions, vehicle leasing companies, daily passenger rental car
businesses and administrative due process.
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. 311--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.
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. 312--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.
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. 313--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.
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. 314--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.
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. 315--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.
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. 316--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.
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. 317--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.
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. 318--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.
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. 319--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.
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. 320--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.
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. 321--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.
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. 322--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.
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. 323--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 radiologic technology board of
examiners to promulgate a legislative rule relating to the board.
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. 324--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.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 325--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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 326--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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 327--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.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 328--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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 329--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.
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. 330--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.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 331--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.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 332--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.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 333--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.
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. 334--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.
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. 335--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.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Ross, Minard, Snyder, Boley and Minear:
Senate Bill No. 336--A Bill to amend and reenact 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, recredentialing and updating
information for health care practitioners.
Referred to the Committee on Health and Human Resources.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 337--A Bill to amend article twenty-two,
chapter forty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto three new
sections, designated sections nine hundred one, nine hundred two
and nine hundred three, all relating to recognizing the adoption of
a child from a foreign country; requirements for filing a petition
for recognition of foreign adoption decree in circuit court; and
setting forth the procedures taken by the court in recognizing the
adoption.
Referred to the Committee on the Judiciary.
By Senators Plymale, Bailey, Prezioso, Unger, Boley, Hunter,
Rowe, Jenkins, Caldwell and Kessler:
Senate Bill No. 338--A Bill to amend article four-a, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section three, relating to the creation of a medicaid buy-in
program for working individuals with disabilities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Bowman, Bailey, Rowe, Kessler, Caldwell, Harrison,
Fanning and Jenkins:
Senate Bill No. 339--A Bill to amend article twenty-one-a,
chapter nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section fifteen, relating to creating a ten-member flood
prevention task force generally; designating members; appointment
of certain members by the governor; advisory members; secretary;
travel expenses for certain members; meetings; coordination of
federal, state and local governmental response to flooding; office
space; and staff support.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman, Bailey, Rowe and Kessler:
Senate Bill No. 340--A Bill to amend and reenact section
three-v, article one, chapter seven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
county commission authority to restrict building in designated
floodplain or mudslide areas.
Referred to the Committee on Government Organization.
By Senators Snyder, Caldwell, Fanning, Minard, Rowe, Unger,
Minear, Jenkins, Helmick and Plymale:
Senate Bill No. 341--A Bill to amend and reenact sections
three hundred ten, eight hundred two and nine hundred three,
article twenty-seven, chapter forty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
further amend said chapter by adding thereto a new article,
designated article twenty-eight, all relating to the enforcement of
domestic violence protective orders generally.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 342--A Bill to amend and reenact section
twelve, article two, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to issuance and renewals of driver's licenses; and limiting the time a driver's license may be issued to a person who
is not a citizen of the United States to the time the person is
authorized to be in the United States.
Referred to the Committee on Transportation.
By Senators Snyder and Weeks:
Senate Bill No. 343--A Bill to amend and reenact section two,
article one, chapter four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
appropriation of special revenue funds by the Legislature.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 344--A Bill to amend and reenact section two,
article one, chapter five-f of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
section one, article two of said chapter; to further amend said
article by adding thereto a new section, designated section seven;
to amend and reenact section two-a, article seven, chapter six of
said code; to amend and reenact section two, article one, chapter
nine of said code; to amend and reenact section one-a, article two
of said chapter; to amend and reenact section two, article one,
chapter sixteen of said code; to amend and reenact section seven,
article five-p of said chapter; to amend and reenact section five,
article five-s of said chapter; to amend and reenact section three, article twenty-two-a of said chapter; to amend and reenact section
three, article twenty-nine-d of said chapter; to amend and reenact
sections two and three, article twenty-nine-e of said chapter; to
amend and reenact section two, article ten-k, chapter eighteen of
said code; to amend and reenact section two, article twenty-five-b,
chapter thirty-three of said code; to amend and reenact section
twenty-nine, article twenty-five-d of said chapter; to amend
article one, chapter forty-eight of said code by adding thereto a
new section, designated section two hundred twenty-a; to amend and
reenact section two hundred thirty-six of said article; to amend
and reenact sections five hundred one, five hundred two and five
hundred three, article twenty-six of said chapter; to amend and
reenact section four, article one, chapter forty-nine of said code;
to amend and reenact sections one, four and five, article four of
said chapter; to amend and reenact sections two, five and six,
article four-a of said chapter; to amend and reenact section five,
article five-d of said chapter; and to amend and reenact sections
one and thirty, article seven of said chapter, all relating to
dividing the department of health and human resources into the
department of health and the department of human resources.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Snyder, Caldwell, Fanning, Hunter, Minard, Rowe, McKenzie and White:
Senate Bill No. 345--A Bill to amend and reenact sections one
and three, article three, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to absentee voting; changing voting dates for early in-
person voting; providing for emergency early in-person voting the
Monday prior to a Tuesday election; and requiring notice to certain
voters of law change.
Referred to the Committee on the Judiciary.
By Senators Snyder, Caldwell, Fanning, Hunter, Minard, Rowe,
McKenzie and White:
Senate Bill No. 346--A Bill to amend and reenact sections one
and three, article three, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to early in-person voting of absentee ballots.
Referred to the Committee on the Judiciary.
By Senators Snyder, Caldwell, Fanning, Hunter, Minard, Rowe,
McKenzie and White:
Senate Bill No. 347--A Bill to amend and reenact section ten,
article five, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact section three, article six of said chapter, all relating to
changing ballot publishing dates before primary and general elections.
Referred to the Committee on the Judiciary.
By Senators Snyder, Caldwell, Fanning, Hunter, Minard, Rowe,
McKenzie and White:
Senate Bill No. 348--A Bill to amend and reenact section
eleven, article three, chapter three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
altering absentee ballot signature requirements.
Referred to the Committee on the Judiciary.
By Senators Snyder, Caldwell, Fanning, Hunter, Minard, Rowe
and White:
Senate Bill No. 349--A Bill to amend and reenact section nine,
article twenty-three, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing dedication of a portion of pari-mutuel
proceeds be utilized to fund employee retirement plans at certain
racing facilities.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder, Caldwell, Fanning, Hunter, Minard,
McKenzie and White:
Senate Bill No. 350--A Bill to amend and reenact section
eight, article three, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact section six, article six of said chapter, all relating to
authorizing certain counties to count absentee ballots during
election period.
Referred to the Committee on the Judiciary.
By Senators Snyder, Caldwell, Fanning, Hunter, Minard, Rowe,
McKenzie and White:
Senate Bill No. 351--A Bill to amend and reenact section
twenty-one, article four-a, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to processing certain absentee ballots prior to closure of
the polls.
Referred to the Committee on the Judiciary.
By Senators Hunter, Unger, Bailey, Helmick, Rowe, Kessler,
Plymale, Dempsey, White, Bowman, Edgell, McCabe, Love, Sprouse,
Minard, Snyder, Caldwell, Chafin, Ross, Sharpe, Guills, Jenkins,
Fanning, Prezioso and Minear:
Senate Bill No. 352--A Bill to amend and reenact sections two,
three, four, five and seven, article one-c, chapter twenty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to the West Virginia jobs act.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Minard, Jenkins, Minear and Sharpe:
Senate Bill No. 353--A Bill to amend and reenact article
twelve-c, chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
nonadmitted insurers and the regulation of surplus lines insurance;
defining terms for implementation of the NAIC nonadmitted insurers
model act; establishing consistency among states; providing
specific provisions from the model; liberalizing reciprocity for
licensing nonresident surplus lines licensees; providing grounds
upon which the commission may deny a nonadmitted insurer access to
the state; providing for the regulation of surplus lines;
enforcement; violations; penalties; service of process; and
eliminating certain conflicting excess line-related provisions.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Sprouse, Weeks, Deem, Smith and Boley:
Senate Bill No. 354--A Bill to amend and reenact section one
hundred one, article one, chapter sixty-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact sections four hundred one, four hundred three-a
and four hundred six, article four of said chapter, all relating to
providing for the felony offense of possessing chemicals with the
intent of producing methamphetamine or allowing a methamphetamine laboratory on one's premises; defining certain terms; and providing
for parole ineligibility for persons convicted of possessing
chemicals with the intent to manufacture methamphetamine or allow
a methamphetamine laboratory on their premises.
Referred to the Committee on the Judiciary.
By Senators Bailey, Caldwell, Helmick, Love, Chafin, Fanning
and Ross:
Senate Bill No. 355--A Bill to amend and reenact section
fourteen, article three, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to motor vehicle registration plates; requiring the
division of motor vehicles to design and issue special registration
plates for use by democratic executive committee members; and
requiring the design of the plates to include a prominently
displayed fighting gamecock.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Minard, Jenkins, Minear and Sharpe:
Senate Bill No. 356--A Bill to amend and reenact sections two,
two-a, three and seven, article twenty-seven, chapter thirty-three
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to insurance company holding systems and
amendments required by the federal Gramm-Leach-Bliley Act; allowing insurance companies to acquire or be acquired by depository
institutions; amending the period of time within which a public
hearing and action thereon may be taken by the commissioner upon a
statement filed by a person offering to acquire control of an
insurance company; authorizing the commissioner to share
confidential information gathered pursuant to said article with the
board of governors of the federal reserve system or other
appropriate federal banking agency; and making technical changes.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, Jenkins, Sharpe and Minear:
Senate Bill No. 357--A Bill to amend and reenact section
thirty-a, article thirteen, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the standard nonforfeiture law for individual deferred
annuities.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Jenkins, Minear and Sharpe:
Senate Bill No. 358--A Bill to amend article five, 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 twenty-seven, relating to the redomestication of
domestic insurance companies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, Jenkins, Minear, Plymale, Sharpe and
Fanning:
Senate Bill No. 359--A Bill to amend and reenact section
eight-c, article fifteen, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the donation of firefighting and fire rescue equipment;
and insurance policies dealing with immunity coverage provisions.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Jenkins, Minear and Sharpe:
Senate Bill No. 360--A Bill to amend and reenact sections
three-a and twenty-four, article twenty-five-a, chapter thirty-
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating to conditions precedent to
issuance or maintenance of a certificate of authority by a health
maintenance organization; and designating the secretary of state as
attorney-in-fact for service of all legal process upon a
nondomestic health maintenance organization.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Jenkins, Minear and Sharpe:
Senate Bill No. 361--A Bill to amend and reenact section five,
article thirty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to tax on premiums collected from risk retention groups.
Referred to the Committee on Banking and Insurance.
By Senator Sprouse:
Senate Joint Resolution No. 7--Proposing an amendment to the
Constitution of the State of West Virginia repealing section
fifteen, article VII thereof; amending sections eighteen, twenty-
two and fifty-one, article VI thereof; and amending section
fourteen, article VII thereof, all relating to approval of bills by
the governor that were passed by the Legislature; requiring super
majority votes to override vetoes of bills by the governor;
requiring bills to be presented to the governor within three days
of their passage; specifying the method by which the governor may
propose to the Legislature amendments without vetoing a bill;
providing for a reconvened session of the Legislature on the eighth
Wednesday following adjournment of each regular and special session
thereof for the sole purpose of reconsidering bills which may have
been returned by the governor with recommendations for their
amendment and bills and items of appropriation bills which may have
been returned by the governor with his objections; extending the
time frames for the governor to act on bills presented to him;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary.
Senators Chafin and Fanning offered the following resolution:
Senate Concurrent Resolution No. 12--Requesting the Joint
Committee on Government and Finance study the role of bail bondsmen
in West Virginia's criminal justice system.
Whereas, The role of bail bondsmen in West Virginia's criminal
justice system is fundamental; and
Whereas, It is in the best interest of the state to provide a
strong bail bondsmen structure to effectuate the goal of a
democratic justice system in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the role of bail bondsmen in West Virginia's
criminal justice system; and, be it
Further Resolved, That the Joint Committee on Government and
Finance should consider the following: (1) The access of bail
bondsmen to regional jails; (2) their ability to compel their
clients to meet the terms of their contractual agreements and
arrive at court appearances on the scheduled dates; (3) the effect
of judicial rules regarding counties handling their own bonds
through a ten percent collection system; and (4) the possible
procedures for collection of bail at regional jails; and, be it
Further Resolved, That the 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, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Chafin, Fanning, Helmick, Bailey, Plymale, Ross,
Sharpe, Unger, Jenkins, Sprouse and Caldwell offered the following
resolution:
Senate Concurrent Resolution No. 13--Requesting the Division
of Highways name the bridge crossing from Kermit, West Virginia, to
Martin County, Kentucky, the "Herbert 'Hub' Cline Bridge".
Whereas, Herbert Cline was born January 13, 1920, in
Chattaroy, West Virginia; and
Whereas, Herbert Cline was a graduate of Wake Forest
University where he excelled at basketball and was inducted into
the All-American Hall of Fame at Wake Forest for basketball. He
also participated in football; and
Whereas, Herbert Cline served his nation with pride and
distinction as a pilot in the United States Air Force; and
Whereas, After returning to West Virginia, Herbert Cline was
an educator and a basketball coach in Mingo County; and
Whereas, Herbert Cline left teaching and became a successful
businessman in the coal industry, starting a company which employed
more than a thousand people in Matewan, West Virginia, which he
later expanded into Martin County, Kentucky; and
Whereas, Herbert Cline was devoted to his church and his
community and made numerous anonymous contributions to assist
others; and
Whereas, Sadly, Herbert Cline passed away August 11, 1997;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge crossing from Kermit, West Virginia, to Martin
County, Kentucky, the "Herbert 'Hub' Cline Bridge"; and, be it
Further Resolved, That the Division of Highways provide and
erect a sign at either end of the bridge displaying the name
"Herbert 'Hub' Cline Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Ross, Sharpe and Minard offered the following resolution:
Senate Concurrent Resolution No. 14--Requesting the Division
of Highways authorize the Little Kanawha River Parkway Commission
to place a sign at the intersection of I-79 and Exit 79 at
Burnsville designating that portion of Route 5 as the future Little
Kanawha River Parkway.
Whereas, When completed, the Little Kanawha River Parkway will
serve portions of Braxton, Calhoun, Gilmer, Wirt and Wood counties;
and
Whereas, The Little Kanawha River Parkway Commission has
produced a sign, using its own funds, which reads: "You are
entering the future LITTLE KANAWHA RIVER PARKWAY"; and
Whereas, To place the sign at any location other than at the
intersection of I-79 and Exit 79 at Burnsville would defeat the
purpose of the sign with its present wording; and
Whereas, Since 1997, the Little Kanawha River Parkway
Commission has been pursuing its efforts to construct and designate
this parkway; and
Whereas, Placement of this sign would serve as a tribute to
the hard work and efforts already expended by this group;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to authorize the Little Kanawha River Parkway Commission to place a sign at the
intersection of I-79 and Exit 79 at Burnsville designating that
portion of Route 5 as the future Little Kanawha River Parkway; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation and the Little Kanawha River Parkway Commission.
Which, under the rules, lies over one day.
Senators Prezioso, Unger, McCabe, Rowe, Jenkins, Caldwell,
Fanning, Hunter, White, Sharpe, Ross, Dempsey, Sprouse and Bailey
offered the following resolution:
Senate Concurrent Resolution No. 15--Requesting the Joint
Committee on Government and Finance continue its study of the
current foster care system in West Virginia in regard to adequacy
of funding, revenue maximization, in-state retention, private and
therapeutic foster care programs and per diem reimbursement rates.
Whereas, It is in the best interests of the state to provide
for a strong foster care system to fulfill the treatment and
permanency needs of our most vulnerable children; and
Whereas, Currently, West Virginia's foster care system is
facing a crisis because of forced reductions in spending and
increases in out-of-state placements; and
Whereas, The number of youth in out-of-state placements has increased substantially during the past year; and
Whereas, The therapeutic foster care reimbursement rate has
not been increased for four years and is inadequate to assure the
quantity or quality of foster care homes to meet the needs of West
Virginia's youth and children, particularly older youth with more
challenging behaviors; and
Whereas, As a result of inadequate funding of foster care and
a decrease in both in-state bed capacity and utilization, youth
have "trickled up" in the system of care to higher levels and more
costly types of care, including group residential care and
out-of-state placements; and
Whereas, Increasing the overall funding of foster care
programs and increasing the per diem rate for reimbursement could
help prevent a severe crisis in the programs that provide needed
out-of-home placements; and
Whereas, Increasing the per diem rate for reimbursement should
also result in an increased bed capacity in the foster care arena
and an enhanced ability to recruit foster parents for youth with
more challenging behaviors and older adolescents in the juvenile
justice system; and
Whereas, An increased in-state bed capacity in therapeutic
foster care would allow children to be diverted from more expensive
group residential care, thus decreasing the need for many out-of-state placements and providing for a source of revenue from
savings as an out-of-home care option; and
Whereas, A productive foster care system is not only an
effective treatment for children at risk, it could save the state
millions of dollars while also providing the option for permanency
or adoption; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to continue its study of the current foster care system
in West Virginia in regard to adequacy of funding, revenue
maximization, in-state retention, private and therapeutic foster
care programs and per diem reimbursement rates; and, be it
Further Resolved, That the 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, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Bowman, Bailey, Rowe, Kessler, Minard, Hunter, Fanning, Unger, Caldwell, Prezioso, McCabe, Sharpe, Ross, Jenkins,
Edgell, Helmick, Plymale, Weeks and Chafin offered the following
resolution:
Senate Concurrent Resolution No. 16--Requesting the Federal
Emergency Management Agency expedite the process of updating West
Virginia's flood insurance rate maps.
Whereas, As flood insurance rate maps age, they may not
accurately reflect flood hazard conditions, potentially creating a
false sense of security for the citizens of West Virginia; and
Whereas, Outdated flood insurance rate maps may result in the
construction of buildings, infrastructure and individual homes
within the active floodplain; and
Whereas, Flood hazards are dynamic and may change rapidly due
to community development as well as natural processes in the
watershed, exacerbating the need for up-to-date, comprehensive
flood maps; and
Whereas, The Federal Emergency Management Agency is the
governmental entity responsible for revising and updating flood
insurance rate maps; and
Whereas, Eighty-eight percent of flood insurance rate maps in
the State of West Virginia are 10 years old or older and 17 percent
of West Virginia flood insurance rate maps are 20 years old or
older; and
Whereas, The Legislature of the State of West Virginia does
desire that the Federal Emergency Management Agency expedite its
review and revision of the flood insurance rate maps; and
Whereas, Utilization of updated flood insurance rate maps will
allow governmental officials to better protect the state's citizens
from the ravages of flooding; and
Whereas, The severity of West Virginia's flood events in the
last decade, particularly in the southern part of the state,
indicates the urgency of the need for revision of flood insurance
rate maps in West Virginia relative to the needs of other states;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Federal Emergency
Management Agency expedite the process of updating West Virginia's
flood insurance rate maps; and, be it
Further Resolved, That the Federal Emergency Management Agency
should give priority to the mapping needs of the communities of
West Virginia relative to those of other states.
Which, under the rules, lies over one day.
Senators Prezioso, Caldwell, Rowe, Jenkins, Ross and Plymale
offered the following resolution:
Senate Concurrent Resolution No. 17--Requesting Congress enact
the National Recreation Lakes Act of 2002.
Whereas, West Virginia and many other states have navigable
rivers with federal locks and dams and lakes formed behind federal
dams, both operated by the U. S. Army Corps of Engineers, which
provide pleasure boating, fishing and other related recreational
activities as well as facilitating river commerce; and
Whereas, Federal funding for the U. S. Army Corps of Engineers
waterways infrastructure and operations on these rivers and lakes
for the purposes of flood control, river flow maintenance,
facilitation of river commerce and boating, fishing and other
related recreational activities has been inadequate for many
decades; and
Whereas, Recreation, including boating, fishing and other
related recreational activities, is an important and growing part
of the economy of West Virginia and the nation; however, recreation
on the nation's waterways is not currently a responsibility
assigned to the U. S. Army Corps of Engineers by Congress; and
Whereas, The proposed National Recreation Lakes Act of 2002,
amended to also apply to the nation's navigable rivers and to add
recreation to the U. S. Army Corps of Engineers waterways'
responsibilities, is an appropriate vehicle for addressing
waterways' recreation needs; and
Whereas, The U. S. Army Corps of Engineers needs adequate
funding in order to meet the infrastructure and operational needs of the nation's lakes and waterways; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests Congress enact the
National Recreation Lakes Act of 2002, amended to also apply to the
nation's navigable rivers and recreation; and, be it
Further Resolved, That Congress adequately fund the U. S. Army
Corps of Engineers waterways infrastructure and operations so that
decades of chronic underfunding can be addressed; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the members of
West Virginia's congressional delegation, the Secretary of the U.
S. Senate and the Clerk of the U. S. House of Representatives.
Which, under the rules, lies over one day.
Senator Hunter offered the following resolution:
Senate Concurrent Resolution No. 18--Requesting the Joint
Committee on Government and Finance 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.
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", which would be viewed similarly by most
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 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
requested to 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 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.
Which, under the rules, lies over one day.
Senators Prezioso, Unger, Bowman, Hunter, McCabe, Caldwell,
Rowe, Edgell, Weeks, White, Jenkins, Bailey, Helmick, Kessler,
Ross, Dempsey, Sharpe, Love and Fanning offered the following
resolution:
Senate Concurrent Resolution No. 19--Requesting the Department
of Health and Human Resources, in cooperation with the Department
of Education, the Attorney General, the Department of Military
Affairs and Public Safety and the Department of Transportation,
study the problem of teenage in-vehicle drinking and related drug
use.
Whereas, Teenagers, with ready access to motor vehicles, have
become increasingly mobile which adds a fluid dynamic to the manner
in which they consume alcohol and illicit drugs. Alcohol and drug
abuse by teenagers has not significantly declined in the past
several years and it remains unacceptably high; and
Whereas, In 1998, 1,695 15- to 19-year-olds were killed in
alcohol-related traffic accidents across America; and
Whereas, The Aluminum Anonymous Project surveyed 775 miles of
West Virginia roadsides for the discard rate of alcoholic beverage
containers in September, 1997, November, 1998, and April, 2000, and
determined an average of 800 beer cans-bottles were discarded per
mile of road annually. Professionals working with teens and adults in alcohol and drug settings estimated that 50 percent of the
discarded alcohol containers were coming from teenagers; and
Whereas, A report from the National Center on Substance Abuse
and Addiction in January, 2001, states that only 2 percent of the
$339 million total that West Virginia spends annually on substance
abuse problems goes to prevention and treatment, while the
remaining 98 percent goes to cleaning up the effects of substance
abuse and addiction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Health
and Human Resources, in cooperation with the Department of
Education, the Attorney General, the Department of Military Affairs
and Public Safety and the Department of Transportation, study the
problem of teenage in-vehicle drinking and related drug use by:
(a) Assembling what is known and not known about this behavior and
its dynamics, prevalence and incidence; and (b) assessing the
effectiveness of policies and programs, including development,
implementation and evaluation, and gauging the adequacy of
interagency cooperation, including data-sharing and program
reporting; and, be it
Further Resolved, That the Department of Health and Human
Resources report to the regular session of the Legislature, 2004,
on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effect its recommendations.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 11, Requesting Division of
Highways name bridge on Route 5 near Elizabeth "World War II
Veterans Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
The Senate then proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 178, Relating to subject
matter jurisdiction in family courts.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate next proceeded to the ninth order of business.
Senate Bill No. 186, Defining aggrieved person for purposes of
board of zoning appeals.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 189, Relating to approval of out-of-state bank applications to establish bank branches.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 190, Requiring more examinations for certain
banks to track current practice with federal regulators.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 191, Relating to state-chartered
credit union converting to federal or another state charter.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 192, Relating to notice from certain bank
holding companies.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Banking and Insurance, was reported by the Clerk and adopted:
On page five, section seven, line eighty-three, after the word
"rule" by inserting the words "within two weeks of the date of the
filing of the declaration with the federal reserve".
The bill (S. B. No. 192), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 215, Making supplementary appropriation to department of health and human resources, health care authority.
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.
Senate Bill No. 281, Continuing department of environmental
protection.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 282, Continuing division of motor vehicles.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 283, Continuing public service commission.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 284, Continuing division of purchasing within
department of administration.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Snyder and McCabe.
Thereafter, at the request of Senator Minear, and by unanimous
consent, the remarks by Senator Sprouse were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of
the senator from Berkeley and on behalf of the Senate extended
felicitations and good wishes to Senator Unger, with Senator Sharpe
leading the members in singing "Happy Birthday".
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, January 27, 2003, at 11 a.m.
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