WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
SEVENTEENTH DAY
____________
Charleston, W. Va., Friday, January 30, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
The Kanawha Kordsmen of the Charleston Barbershop Harmony
Society, Charleston, West Virginia, proceeded in the singing of
"Hello, Mary Lou", "My Wild Irish Rose" and "Irish Blessing".
Pending the reading of the Journal of Thursday, January 29,
2004,
On motion of Senator Prezioso, 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
Commission on Special Investigations:
WEST VIRGINIA LEGISLATURE
COMMISSION ON SPECIAL INVESTIGATIONS
CHARLESTON
January 30, 2004
West Virginia Legislature
Charleston, West Virginia
Pursuant to Chapter 4, Article 5, Section 2 of the West
Virginia Code, we submit the Twenty-third Annual Report of the
Commission on Special Investigations to the West Virginia
Legislature.
Respectfully submitted,
Earl Ray Tomblin,
Senate,
Robert S. Kiss,
House of Delegates,
Cochairs.
Which communication and report were 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 28, 2004
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, as modified and amended or
as 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:
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
Emission Standards for Hazardous Air Pollutants Pursuant
to 40 CFR Part 61 (45 CSR 15)
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
Emission Standards for Hazardous Air Pollutants for
Source Categories Pursuant to 40 CFR Part 63 (45 CSR 34)
DEP-Air Quality, Division of
Requirements for Determining Conformity of Transportation Plans, Programs and Projects Developed, Funded or
Approved Under Title 23 U. S. C. or the Federal Transit
Laws to Applicable Air Quality Implementation Plans
(Transportation Conformity) (45 CSR 36)
Health, Division of
Public Water Systems (64 CSR 3)
Health, Division of
Residential Board and Care Homes (64 CSR 65)
Highways, Division of
Transportation of Hazardous Wastes Upon the Roads and
Highways (157 CSR 7)
Insurance Commissioner
Medicare Supplement Insurance (114 CSR 24)
Insurance Commissioner
Self-Insurance Pools for Political Subdivisions (114 CSR
65)
Land Surveyors, Board of Examiners of
Rules and Minimum Standards for the Practice of Land
Surveying in West Virginia (23 CSR 1)
Land Surveyors, Board of Examiners of
Mandatory Continuing Education for Land Surveyors (23 CSR
2)
Licensed Practical Nurses, State Board of Examiners for
Policies and Procedures for Development and Maintenance
of Educational Programs in Practical Nursing (10 CSR 1)
Medicine, Board of
Licensing and Disciplinary Procedures: Physicians; and
Podiatrists (11 CSR 1A)
Motor Vehicles, Division of
Administrative Due Process (91 CSR 1)
Natural Resources, Division of
Special Motorboating Regulations (58 CSR 27)
Natural Resources, Division of
Special Fishing Rule (58 CSR 61)
Racing Commission
Greyhound Racing, (178 CSR 2)
Records Management and Preservation Board
Rule for General Management and Preservation of County
Records (100 CSR 2)
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:
Accountancy, Board of
Board Rules and Rules of Professional Conduct (1 CSR 1)
Administration, Department of
Leasing Space on Behalf of State Spending Units (148 CSR
2)
Administration, Department of
Parking (148 CSR 6)
Agriculture, Department of
Frozen Desserts and Imitation Frozen Desserts (61 CSR 4B)
Agriculture, Department of
Dairy Products and Imitation Dairy Products (61 CSR 4C)
Agriculture, Department of
West Virginia Seed Law (61 CSR 9)
Architects, Board of
Registration of Architects (2 CSR 1)
Auditor's Office
Transaction Fee and Rate Structure (155 CSR 4)
Auditor's Office
State Purchasing Card Program (155 CSR 7)
Banking, Division of
Rule Pertaining to Residential Mortgage Lenders, Brokers
and Loan Originators (106 CSR 5)
Consolidated Public Retirement Board
General Provisions (162 CSR 1)
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)
Counseling, Board of Examiners in
Fees (27 CSR 2)
DEP-Division of Mining and Reclamation
Surface Mining Reclamation Rule (38 CSR 2)
DEP-Waste Management, Division of
Solid Waste Management Rule (33 CSR 1)
DEP-Waste Management, Division of
Hazardous Waste Management Rule (33 CSR 20)
DEP-Water Resources, Division of
WV/NPDES Rules for Coal Mining Facilities (47 CSR 30)
Economic Development Authority
General Administration of the West Virginia Venture
Capital Act (117 CSR 3)
Economic Development Authority
Economic Development and Technology Advancement Centers
(117 CSR 4)
Engineers, State Board of Registration for Professional
Rule Governing the West Virginia Board of Registration
for Professional Engineers (7 CSR 1)
Fire Marshal
Certification of Electrical Inspectors (103 CSR 1)
Fire Marshal
Fees for Licenses, Permits, Inspections, Plans Review and
Other Services Rendered (103 CSR 2)
Health and Human Resources, Department of
Eligibility Standards for Economic Assistance from the
James "Tiger" Morton Catastrophic Illness Fund (72 CSR 1)
Health, Division of
Assisted Living Residences (64 CSR 14)
Health, Division of
Cross Connection Control and Backflow Prevention (64 CSR
15)
Health, Division of
Certification of Backflow Prevention Assembly Testers (64
CSR 25)
Health, Division of
Statewide Trauma/Emergency Care System (64 CSR 27)
Health, Division of
Childhood Lead Screening (64 CSR 42)
Health, Division of
Fees for Services (64 CSR 51)
Health, Division of
Birth Defects Information System (64 CSR 81)
Highways, Division of
Use of State Road Rights-of-Way and Adjacent Areas (157
CSR 6)
Infrastructure and Jobs Development Council
Infrastructure and Jobs Development Council (167 CSR 1)
Insurance Commissioner
Licensing and Conduct of Individual Insurance Producers,
Agencies and Solicitors (114 CSR 2)
Insurance Commissioner
Surplus Lines Insurance (114 CSR 20)
Insurance Commissioner
Accident and Sickness Rate Filing (114 CSR 26)
Insurance Commissioner
Credit for Reinsurance (114 CSR 40)
Labor, Division of
Psychophysiological Detection of Deception Examinations,
Limitations of Use, Requirements, Licenses and Penalties
(42 CSR 6)
Landscape Architects, State Board of
Rule of the West Virginia Board of Landscape Architects
(9 CSR 1)
Lottery Commission
State Lottery Rule (179 CSR 1)
Lottery Commission
Limited Video Lottery Rule (179 CSR 5)
Manufactured Housing Construction and Safety Standards Board
West Virginia Manufactured Housing Construction and
Safety Standards Board (42 CSR 19)
Miners' Health, Safety and Training, Office of
Rule Governing Reporting Requirements for Independent
Contractors (56 CSR 10)
Natural Resources, Division of
Public Land Corporation Rule Controlling the Sale, Lease,
Exchange or Transfer of Land or Minerals (58 CSR 2)
Natural Resources, Division of
Revocation of Hunting and Fishing Licenses (58 CSR 23)
Optometry, Board of
Rule of the Board of Optometry (14 CSR 1)
Psychologists, Board of Examiners of
Fees (17 CSR 1)
Racing Commission
Thoroughbred Racing (178 CSR 1)
Risk and Insurance Management, Board of
Public Entities Insurance Program (115 CSR 2)
Risk and Insurance Management, Board of
Terms and Conditions Pertaining to Members of Self-
Insurance Pools Who Wish to Participate in State
Insurance Programs (115 CSR 7)
State Police
State Police Career Progression System (81 CSR 3)
Statewide Addressing and Mapping Board
Addressing and Mapping Standards and Participation by
Public Agencies in Statewide Addressing and Mapping
Project (169 CSR 2)
Tax Commissioner
Alternative Resolution of Tax Disputes (110 CSR 10G)
The Committee submits the following legislative rule which was
modified by the agency in accordance with the provisions of West
Virginia Code §29A-3-14, and which was approved by the Committee
with the modifications and with the recommendation that the rule be
authorized for adoption by the agency with amendments:
Public Service Commission
Rules and Regulations for the Transportation of Coal by Commercial Motor Vehicles (150 CSR 27)
The Committee submits the following legislative rule with the
recommendation that the rule be authorized for adoption by the
agency but, pursuant to West Virginia Code §29A-3-11 and §29A-3-12,
without recommendation regarding the amendments:
Environmental Quality Board
Requirements Governing Water Quality Standards (46 CSR 1)
The Committee submits the following bills with the
recommendation that the bills be passed by the Legislature:
Engineers, State Board of Registration for Professional
A Bill relating to civil penalties.
Risk and Insurance Management, Board of
A Bill relating to minimum contract terms for entities
participating in insurance programs and mandatory waiting
periods for reentry into insurance programs for entities
which have terminated coverage through the board.
Respectfully submitted,
Mike Ross,
Senate,
Virginia Mahan,
House of Delegates,
Cochairs.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4055--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §49-8A-1, §49-8A-2, §49-8A-3 and §49-8A-4, relating to
the supervision and return of juvenile offenders, juvenile runaways
and other juveniles; and authorizing and directing the governor to
execute a compact for the supervision and return of juvenile
offenders, juvenile runaways and other juveniles.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4108--A Bill to amend and reenact
§17C-15-36a of the code of West Virginia, 1931, as amended,
relating to motor vehicle equipment; and authorizing sun screening
devices that exceed statutory limits to be used in law-enforcement
K-9 and other emergency vehicles that haul animals.
Referred to the Committee on the Judiciary.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on January 29, 2004, he had approved
Enr. House Bill No. 4111.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 163, Creating Water Resources Management Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 163 (originating in the
Committee on Natural Resources)--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5 and
§22-25-6, all relating to establishing the water resources
protection act; providing that the state reserves a sovereign
interest in the waters of the state as a valuable public resource;
declaring the state shall claim and protect state waters for the
use and benefit of its citizens; providing for preservation of
common law rights and water as a natural resource; providing that
a water use survey of state waters be undertaken by the secretary
of the department of environmental protection; requiring the
secretary to coordinate survey with state agencies and report to a
legislative oversight commission; requiring persons making
withdrawals exceeding seven hundred fifty thousand to participate;
requiring the secretary to use reasonable alternatives for
estimating usage; requiring persons participating in survey to
submit accurate information; authorizing the secretary to
coordinate with the United States geological survey; establishing
confidentiality of submitted information and exceptions; providing
criteria for requesting and receiving confidentiality designation;
establishing requirements for requesting confidential documents and
appeal process; establishing a joint legislative oversight commission to monitor survey and develop policies; and providing
civil penalties for noncompliance.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
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. 202, Including Gulf War and Afghanistan
conflict veterans on veterans council.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 202 (originating in the
Committee on Military)--A Bill to amend and reenact §9A-1-2 and
§9A-1-3 of the code of West Virginia, 1931, as amended, all
relating to including Gulf War and Afghanistan or Iraq conflict
veterans on the veterans council.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill (Com. Sub. for S. B. No. 202), under the original
double committee reference, was then referred to the Committee on Government Organization.
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. 251, Establishing Nurse Overtime and Patient
Safety Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 251 (originating in the
Committee on the Judiciary)--A Bill
to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §21-5F-1, §21-5F-2, §21-5F-3, §21-5F-4 and §21-5F-5,
all relating to providing requirements and limitations for
mandatory nurse overtime in hospitals; providing legislative
findings and purposes; defining terms; providing for certain
requirements and limitations for hospital overtime; limiting number
of hours worked in a day; providing exceptions to overtime
limitations; providing that the division of labor enforce article;
providing that this article does not amend other acts; and
providing administrative procedures and penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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, Unger, Boley and Minear:
Senate Bill No. 325--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of accountancy to promulgate a legislative
rule relating to the board and rules of professional conduct.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 326--A Bill to amend and reenact article 2,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of administration to promulgate a
legislative rule relating to leasing space on behalf of state
spending units.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 327--A Bill to amend and reenact article 2,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of administration to promulgate a
legislative rule relating to parking.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 328--A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the commissioner of agriculture to promulgate a
legislative rule relating to frozen desserts and imitation frozen
desserts.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 329--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the commissioner of agriculture to promulgate a
legislative rule relating to dairy products and imitation dairy
products.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 330--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the commissioner of agriculture to promulgate a
legislative rule relating to the West Virginia seed law.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 331--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of architects to promulgate a legislative
rule relating to the registration of architects.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 332--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the auditor's office to promulgate a legislative
rule relating to the transaction fee and rate structure.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 333--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the auditor's office to promulgate a legislative
rule relating to the state purchasing card program.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 334--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of banking to promulgate a legislative
rule relating to residential mortgage lenders, brokers and loan
originators.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 335--A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the consolidated public retirement board to
promulgate a legislative rule relating to general provisions.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 336--A Bill to amend and reenact article 2,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the consolidated public retirement board to
promulgate a legislative rule relating to benefit determination and
appeal.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 337--A Bill to amend and reenact article 2,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the consolidated public retirement board to
promulgate a legislative rule relating to the teachers defined
benefit plan.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 338--A Bill to amend and reenact article 2,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the consolidated public retirement board to
promulgate a legislative rule relating to the West Virginia state police disability determination and appeal process.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 339--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of examiners in counseling to promulgate
a legislative rule relating to fees.
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, Unger, Boley and Minear:
Senate Bill No. 340--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to the NOx budget trading
program as a means of control and reduction of nitrogen oxides from
nonelectric generating units.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 341--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 342--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources pursuant to 40 CFR Part 60.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 343--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to the prevention and
control of air pollution from hazardous waste treatment, storage or
disposal facilities.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 344--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants for source categories pursuant to 40 CFR
Part 63.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 345--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to requirements for
determining conformity of transportation plans, programs and
projects developed, funded or approved under Title 23 U. S. C. or
the federal transit laws applicable air quality implementation
plans (transportation conformity).
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 346--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to surface mining
reclamation.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 347--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to solid waste management.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 348--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to hazardous waste
management.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 349--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of environmental protection to
promulgate a legislative rule relating to the West Virginia NPDES
rule for coal mining facilities.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 350--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the economic development authority to promulgate a
legislative rule relating to the general administration of the West
Virginia venture capital act.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 351--A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the economic development authority to promulgate a
legislative rule relating to economic development and technology
advancement centers.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 352--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of registration for professional engineers
to promulgate a legislative rule relating to the governance of the
board.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 353--A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the environmental quality board to promulgate a
legislative rule relating to requirements governing water quality
standards.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 354--A Bill to amend and reenact article 6,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the fire marshal to promulgate a legislative rule relating to the certification of electrical inspectors.
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, Unger, Boley and Minear:
Senate Bill No. 355--A Bill to amend and reenact article 6,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the fire marshal to promulgate a legislative rule
relating to fees for licenses, permits, inspections, plans review
and other services rendered.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 356--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the department of health and human resources to
promulgate a legislative rule relating to eligibility standards for
economic assistance from the James "Tiger" Morton catastrophic
illness fund.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 357--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to assisted living residences.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 358--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to cross connection and backflow prevention.
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, Unger, Boley and Minear:
Senate Bill No. 359--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to the certification of backflow prevention assembly
testers.
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, Unger, Boley and Minear:
Senate Bill No. 360--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to the statewide trauma/emergency care system.
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, Unger, Boley and Minear:
Senate Bill No. 361--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to public water systems.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 362--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to childhood lead screening.
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, Unger, Boley and Minear:
Senate Bill No. 363--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to fees for services.
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, Unger, Boley and Minear:
Senate Bill No. 364--A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to residential board and care homes.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 365--A Bill to amend and reenact article 5,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of health to promulgate a legislative
rule relating to the birth defects information system.
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, Unger, Boley and Minear:
Senate Bill No. 366--A Bill to amend and reenact article 8,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of highways to promulgate a legislative
rule relating to the use of state road rights-of-way and adjacent
areas.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 367--A Bill to amend and reenact article 8,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of highways to promulgate a legislative
rule relating to the transportation of hazardous wastes upon the roads and highways.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 368--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the infrastructure and jobs development council to
promulgate a legislative rule relating to the council.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 369--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the insurance commissioner to promulgate a
legislative rule relating to the licensing and conduct of
individual insurance producers, agencies and solicitors.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 370--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the insurance commissioner to promulgate a
legislative rule relating to surplus lines insurance.
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, Unger, Boley and Minear:
Senate Bill No. 371--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the insurance commissioner to promulgate a
legislative rule relating to medicare supplement insurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 372--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the insurance commissioner to promulgate a
legislative rule relating to accident and sickness rate filing.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 373--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the insurance commissioner to promulgate a
legislative rule relating to credit for reinsurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 374--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the insurance commissioner to promulgate a
legislative rule relating to self-insurance pools for political subdivisions.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 375--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of labor to promulgate a legislative
rule relating to psychophysiological detection of deception
examinations; limitations of use; requirements; licenses; and
penalties.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 376--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of examiners of land surveyors to
promulgate a legislative rule relating to the minimum standards for
practice of land surveying in West Virginia.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 377--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of examiners of land surveyors to
promulgate a legislative rule relating to mandatory continuing
education for land surveyors.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 378--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of landscape architects to promulgate a
legislative rule relating to the board.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 379--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of examiners for licensed practical nurses
to promulgate a legislative rule relating to the policies and
procedures for development and maintenance of education programs in
practical nursing.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 380--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the lottery commission to promulgate a legislative
rule relating to the state lottery.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 381--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the lottery commission to promulgate a legislative
rule relating to limited video lottery.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 382--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, 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 Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 383--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of medicine to promulgate a legislative
rule relating to licensing and disciplinary procedures:
Physicians; and podiatrists.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 384--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the office of miners' health, safety and training to
promulgate a legislative rule relating to reporting requirements for independent contractors.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 385--A Bill to amend and reenact article 8,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of motor vehicles to promulgate a
legislative rule relating to administrative due process.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 386--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of natural resources to promulgate a
legislative rule relating to the public land corporation rule
controlling the sale, lease, exchange or transfer of land and
minerals.
Referred to the Committee on Natural Resources; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 387--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, 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, Unger, Boley and Minear:
Senate Bill No. 388--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of natural resources to promulgate a
legislative rule relating to special motorboating regulations.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 389--A Bill to amend and reenact article 10,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the division of natural resources to promulgate a
legislative rule relating to special fishing.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 390--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of optometry to promulgate a legislative
rule relating to the board.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 391--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of examiners of psychologists to
promulgate a legislative rule relating to 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, Unger, Boley and Minear:
Senate Bill No. 392--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the public service commission to promulgate a
legislative rule relating to the transportation of coal by
commercial motor vehicles.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 393--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the racing commission to promulgate a legislative
rule relating to thoroughbred racing.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 394--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the racing commission to promulgate a legislative
rule relating to greyhound racing.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 395--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the records management and preservation board to
promulgate a legislative rule relating to the general management
and preservation of county records.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 396--A Bill to amend and reenact article 2,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of risk and insurance management to
promulgate a legislative rule relating to the public entities
insurance program.
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, Unger, Boley and Minear:
Senate Bill No. 397--A Bill to amend and reenact article 2,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the board of risk and insurance management to
promulgate a legislative rule relating to the terms and conditions
pertaining to members of self-insurance pools who wish to
participate in state insurance programs.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 398--A Bill to amend and reenact article 6,
chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the state police to promulgate a legislative rule
relating to the career progression system.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 399--A Bill to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the statewide addressing and mapping board to
promulgate a legislative rule relating to addressing and mapping
standards and participation by public agencies in statewide
addressing and mapping projects.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 400--A Bill to amend and reenact article 7,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the tax commissioner to promulgate a legislative
rule relating to the alternative resolution of tax disputes.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 401--A Bill to amend and reenact §30-13-21 and
§30-13-22 of the code of West Virginia, 1931, as amended, all
relating to clarifying the board of registration for professional
engineers may assess civil penalties.
Referred to the Committee on the Judiciary.
By Senators Ross, Minard, Snyder, Unger, Boley and Minear:
Senate Bill No. 402--A Bill to amend and reenact §29-12-14 of
the code of West Virginia, 1931, as amended, relating to the
authority of the board of risk and insurance management to
promulgate legislative rules setting minimum contract terms for
entities participating in insurance programs and mandatory waiting
periods for reentry into insurance programs for entities which have
terminated coverage through the board.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 403--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9h, relating to providing an exemption from
consumers sales tax for certain charges by mortgage brokers,
lenders and loan originators licensed by the commissioner of
banking; and specifying an effective date.
Referred to the Committee on Finance.
By Senator Helmick:
Senate Bill No. 404--A Bill to amend and reenact §11-13A-2 of
the code of West Virginia, 1931, as amended, relating to severance
taxes; clarifying the term "behavioral health services"; and
removing the term "community care services".
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 405--A Bill to amend and reenact §4-11A-3 of
the code of West Virginia, 1931, as amended; to amend and reenact §19-1-4 of said code; and to amend said code by adding thereto a
new section, designated §19-1-4e, all relating to requiring the
commissioner of the department of agriculture to assist farmers to
make the transition from growing tobacco to growing other crops;
creating the "transition program for tobacco farmers"; and
providing funding sources for the fund.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Love, Dempsey, White, Ross, McKenzie, Sharpe,
Hunter, Jenkins and Rowe:
Senate Bill No. 406--A Bill to amend and reenact §61-11A-8 of
the code of West Virginia, 1931, as amended, relating to allowing
victims of crime to be notified by telephone when a specified
defendant is released from custody.
Referred to the Committee on the Judiciary.
By Senator Tomblin (Mr. President):
Senate Bill No. 407--A Bill to amend and reenact §12-3-10a,
§12-3-10b, §12-3-10c, §12-3-10d and §12-3-10e of the code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §12-3-10g, all relating to the
purchasing card program; changing the name to payment card program;
and providing for additional internal controls and procedures.
Referred to the Committee on Finance.
By Senators Snyder, Helmick, Ross and Unger:
Senate Bill No. 408--A Bill to amend and reenact §11-8-6f of
the code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-11 of said code, all relating to providing for and
defining "growth county" status for counties in which net increases
in school enrollment over a ten-year period exist; providing that
the statewide regular school board levy rate is applied to the
assessed value of the "new property values"; creating the "growth
counties school facilities act fund" and providing that moneys
available in the fund be used by the growth counties for the
benefit of school facilities in the county; providing that moneys
in the fund may be carried over indefinitely; and providing that
estimated revenues from new property values are not considered
local share funds.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bowman and Rowe:
Senate Bill No. 409--A Bill to amend and reenact §5A-3-22 of
the code of West Virginia, 1931, as amended, relating to requiring
the clerk of the Senate to print the blue book every other year.
Referred to the Committee on Government Organization.
By Senators Love, Dempsey, White, Ross, McKenzie, Sharpe and
Hunter:
Senate Joint Resolution No. 6--Proposing an amendment to the
Constitution of the State of West Virginia, amending section 5,
article III thereof, relating to deleting language to allow the
division of corrections to send convicted inmates out-of-state to
serve their sentences; 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; and then to the
Committee on Finance.
Senator Facemyer offered the following resolution:
Senate Concurrent Resolution No. 15--
Requesting the Division
of Highways name the bridge on Route 33 East in Ripley, Jackson
County, near the Ripley Volunteer Fire Department, the "McGinley
Memorial Bridge" in honor of C. E. "Skip" McGinley and Willa C.
McGinley.
Whereas, C. E. "Skip" McGinley and Willa C. McGinley
were
husband and wife who had a combined 31 years of service in Ripley
city government. C. E. "Skip" McGinley's many contributions
included years of involvement with the leadership of the Ripley
Volunteer Fire Department. He was also a member of the Ripley City
Council and served as its City Recorder. During those same years,
Willa McGinley served the young people of the community as an
English teacher at Ripley High School where she also served as
faculty director for countless theatrical productions. She was
active in civic projects for the Women's Club of Ripley and the
Jackson County Pilot Club. Her artistic skills provided a painting
of the annual Fourth of July celebration in Ripley that served to
promote this event on postcards distributed across the region; and
Whereas, Upon the passing of C. E. "Skip" McGinley and the
retirement of Willa McGinley from education, Willa completed her
late husband's term in office as City Recorder and then became the
first woman elected Mayor of Ripley. She was reelected Mayor three more times; and
Whereas, Willa McGinley passed away in August, 2003, after a
long illness; and
Whereas, Ripley is a better place because C. E. "Skip" and
Willa McGinley chose to call it home and, while they are no longer
physically with us, it is important that they should not be
forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 33 East in Ripley, Jackson County, near
the Ripley Volunteer Fire Department, the "McGinley Memorial
Bridge" in honor of C. E. "Skip" McGinley and Willa C. McGinley
;
and, be it
Further Resolved, That the Division of Highways provide and
erect a sign at either end of the bridge displaying the name of the
bridge; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of the late C.
E. "Skip" McGinley and Willa C. McGinley
.
Which, under the rules, lies over one day.
Senators McCabe, Plymale, Bowman, Oliverio, Unger, Weeks and
Jenkins offered the following resolution:
Senate Concurrent Resolution No. 16--Requesting the Joint
Committee on Government and Finance conduct an interim study of the
West Virginia Commission on Governing in the 21st Century.
Whereas, On January 14, 2004, the Governor created the West
Virginia Commission on Governing in the 21st Century; and
Whereas, In creating the Commission, the Governor charged the
members with studying issues pertaining to effective and efficient
governing at all levels of government, including reorganizing,
restructuring or creating new levels of county or local governments
in order to increase economic development, provide jobs and attract
and retain business and industry; and
Whereas, The interim study shall in no way deter, influence or
interfere with the work of the West Virginia Commission on
Governing in the 21st Century, but accept and examine the findings,
conclusions and recommendations of the Commission to be presented
to the Governor and the Legislature in November, 2004. The interim
study will enable the Legislature to prepare drafts of any
legislation necessary to effectuate the recommendations of the
Commission or the Joint Committee on Government and Finance in
preparation for the Regular Session of the Legislature in 2005;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct an interim study of the West Virginia
Commission on Governing in the 21st Century; and, be it
Further Resolved, That the purpose of the interim committee
study is to accept and examine the Commission's report and to
prepare drafts of any legislation necessary to effectuate the
recommendations of the West Virginia Commission on Governing in the 21st Century or the Joint Committee on Government and Finance in
preparation for the Regular Session of the Legislature in 2005;
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 Sharpe, Oliverio, Unger, White, Fanning, Minard,
Prezioso, McCabe, Jenkins, Caldwell, Bowman, Edgell, Kessler,
Plymale, Helmick, Chafin, Ross, Dempsey, Love, Facemyer, Hunter and
Tomblin (Mr. President) offered the following resolution:
Senate Concurrent Resolution No. 17--Requesting the Division
of Highways name the new bridge crossing Salt Lick Creek near
Rowlesburg, Preston County, known as the Rowlesburg RR Truss, the
"Charles B. Felton, Jr., Bridge".
Whereas, The Honorable Charles B. Felton, Jr., has served the
citizens of Rowlesburg, Preston County, as a member of the Town
Council and as a member of the Park Commission. He has also served
as a member of the Preston County Board of Education; and
Whereas, The Honorable Charles B. Felton, Jr., was appointed
to the West Virginia Senate in 1987. He was elected to the Senate
in 1988 and in 1992; and
Whereas, In 1993, the Honorable Charles B. Felton, Jr.,
resigned from the Senate and was appointed by Governor Gaston
Caperton as Director of the Division of Natural Resources. As Director, he pursued the enhancement of educational programs,
especially for West Virginia's young people. He also implemented
programs and projects that expanded the public awareness and
appreciation of West Virginia's resources; and
Whereas, After retiring in 1996, the Honorable Charles B.
Felton, Jr., began working with the Attorney General's Office,
Consumer Protection Division, and was responsible for preneed
funeral investigations and other special projects. He later served
as Legislative Liaison for the Attorney General's Office; and
Whereas, In February, 2001, the Honorable Charles B. Felton,
Jr., joined the staff of the Governor's Office as Assistant
Legislative Liaison. In this new position, he pursued the
Governor's legislative agenda and also provided county and local
governments with a direct contact in the Governor's Office; and
Whereas, It is fitting to honor a man who has dedicated much
of his life to public service on the city, county and state levels
of government. The Honorable Charles B. Felton, Jr., is an
extraordinary gentleman who has earned the respect of all who know
him due to his dedication and commitment to public service;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the new bridge crossing Salt Lick Creek near Rowlesburg,
Preston County, known as the Rowlesburg RR Truss, the "Charles B.
Felton, Jr., Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the new
bridge crossing Salt Lick Creek near Rowlesburg, Preston County, as
the "Charles B. Felton, Jr., 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.
Petitions
Senator Guills presented a petition from Lisa A. Redden and
numerous Greenbrier County residents, supporting consumer
protection legislation relating to the insurance industry.
Referred to the Committee on the Judiciary.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
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. 410 (originating in the Committee on
Military)--A Bill to amend and reenact §18-19-1 of the code of West
Virginia, 1931, as amended, relating to including children of
deceased members of the armed forces or members of the reserve
components called to active duty by the president of the United
States for the purpose of entering into armed combat in the
educational opportunities appropriation.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jon Blair Hunter,
Chair.
On motion of Senator Hunter, the bill (S. B. No. 410)
contained in the foregoing report from the Committee on Military
was then referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 10, Requesting Division of
Highways rename East River Mountain Tunnel "H. Edward Steele
Memorial Tunnel".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Ross, and by unanimous
consent, the remarks by Senator Caldwell as to the adoption of
Senate Concurrent Resolution No. 10 were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 111, Establishing central highlands
highway authority.
On third reading, coming up in regular order, was read a third
time.
Following discussion,
At the request of Senator Plymale, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 138, Relating to
nondisclosure of personal information maintained by state.
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.
Eng. Senate Bill No. 296, Continuing center for professional
development board.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Boley--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 296) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4021, Preventing the disclosure of
personal information of state employees and officers, and their
dependents.
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 proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 258, Relating to enforcement of
domestic violence protective orders generally.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 286, Relating to assessment of regulated
consumer lenders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 309, Relating to medical and mental
evaluations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 4022, Creating "The
All-Terrain Vehicle Safety Regulation Act".
Having been read a second time on yesterday, Thursday, January
29, 2004, and now coming up in regular order with Senator Oliverio's amendment to the Judiciary committee amendment pending,
was reported by the Clerk.
Senator Prezioso requested unanimous consent that the bill lie
over one day, retaining its place on the calendar.
Which consent was not granted, Senator Ross objecting.
Senator Prezioso then moved that the bill lie over one day,
retaining its place on the calendar.
The question being on the adoption of Senator Prezioso's
aforestated motion, the same was put.
The result of the voice vote being inconclusive, Senator Ross
demanded a division of the vote.
A standing vote being taken, there were twenty-one "yeas" and
six "nays".
Whereupon, Senator Tomblin (Mr. President) declared Senator
Prezioso's aforestated motion had prevailed.
Thereafter, Engrossed Committee Substitute for House Bill No.
4022 was laid over one day, retaining its place on the calendar,
with Senator Oliverio's amendment to the Judiciary committee
amendment to the bill pending
.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Senate Bill No. 199, Relating to appointments to commission
for deaf and hard-of-hearing.
Senate Bill No. 200, Requiring state police to annually report
to Legislature effectiveness of recruiting minorities.
Com. Sub. for Senate Bill No. 209, Requiring review of certain
state leases and purchases by joint committee on government and
finance.
Com. Sub. for Senate Bill No. 231, Authorizing county
commission to establish flood plain enforcement agency.
Senate Bill No. 323, Continuing office of explosives and
blasting.
And,
Senate Bill No. 324, Continuing division of personnel.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Caldwell, Love, Sharpe, Plymale
and Prezioso.
Thereafter, at the request of Senator Ross, and by unanimous
consent, the remarks by Senator Caldwell were ordered printed in
the Appendix to the Journal.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the eleventh order of business and the
introduction of guests.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Bailey and Boley.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 2, 2004, at 11 a.m.
____________