Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 149 (originating in the
Committee on Government Organization), Relating generally to
department of tax and revenue.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 149 (originating
in the Committee on Finance)--A Bill to repeal §5A-2-2, §5A-2-3,
§5A-2-4, §5A-2-5, §5A-2-6, §5A-2-7, §5A-2-8, §5A-2-9, §5A-2-10,
§5A-2-11, §5A-2-12, §5A-2-13, §5A-2-14, §5A-2-14a, §5A-2-15, §5A-2-
16, §5A-2-17, §5A-2-18, §5A-2-19, §5A-2-20, §5A-2-21, §5A-2-22,
§5A-2-23, §5A-2-25, §5A-2-26, §5A-2-27, §5A-2-28, §5A-2-29, §5A-2-
30 and §5A-2-31 of the code of West Virginia, 1931, as amended; to
amend and reenact §5A-1-2, §5A-1-4 and §5A-1-5 of said code; to
amend and reenact §5A-2-1, §5A-2-24 and §5A-2-32 of said code; and
to amend said code by adding thereto a new chapter, designated
§11B-1-1, §11B-1-2, §11B-1-3, §11B-1-4, §11B-1-5, §11B-1-6, §11B-1-
7, §11B-2-1, §11B-2-2, §11B-2-3, §11B-2-4, §11B-2-5, §11B-2-6,
§11B-2-7, §11B-2-8, §11B-2-9, §11B-2-10, §11B-2-11, §11B-2-12, §11B-2-13, §11B-2-14, §11B-2-15, §11B-2-16, §11B-2-17, §11B-2-18,
§11B-2-19, §11B-2-20, §11B-2-21, §11B-2-22, §11B-2-23, §11B-2-24,
§11B-2-25, §11B-2-26, §11B-2-27, §11B-2-28, §11B-2-29, §11B-2-30
and §11B-2-31, all relating generally to department of tax and
revenue and office of secretary of tax and revenue and their
powers, duties and responsibilities; changing the name of
department of tax and revenue to department of revenue; changing
name of office of secretary of tax and revenue to office of
secretary of revenue; increasing membership of council of finance
and administration by making secretary of revenue an ex officio
member; continuing misdemeanor penalties for noncompliance by
secretaries and spending officers with requirements to provide
certain budget and budget-related information; identifying
agencies, boards, commissions, division and offices comprising
department of revenue; specifying powers and duties of secretary;
requiring periodic reports; authorizing delegations of authority;
providing rules for safeguarding confidential information;
providing right of appeal from interference with functioning of an
agency; transferring budget section of finance division of
department of administration to department of revenue and making
secretary of revenue state budget director; providing rules to
effectuate transfer of budget section and transition; moving
language pertaining to work of budget section and preparation of
budget to new chapter of the code; and making other technical or conforming changes to implement or effectuate these various
changes.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 161, Creating Model Health Plan for
Uninsurable Individuals Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 161 (originating in the
Committee on Banking and Insurance)--A Bill to amend the code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §33-47-1 and §33-47-2, all relating to creating a West
Virginia insurance plan; providing findings; and directing the
insurance commissioner to study the feasibility of implementing the
plan.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Banking and Insurance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 260, Allowing design-build board to be
reimbursed for certain expenses.
With amendments from the Committee on Government Organization
pending;
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 260 (originating in the
Committee on Finance)--A Bill to amend and reenact §5-22A-4 of the
code of West Virginia, 1931, as amended, relating to allowing
members of the design-build board to be reimbursed travel and other
necessary expenses actually incurred while engaged in attending
board meetings.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 415, Relating to disposition of state surplus
property.
With amendments from the Committee on Government Organization
pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred; and as last amended by the
Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 553, Establishing West Virginia Medicaid
Community Attendant Services and Supports Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 605, Relating to child fatality review teams.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 719 (originating in the Committee on Finance)-
-A Bill to amend and reenact §11-27-11 of the code of West
Virginia, 1931, as amended, relating to increasing the health care provider tax imposed on gross receipts of providers of nursing
facility services.
And,
Senate Bill No. 720 (originating in the Committee on Finance)-
-A Bill to amend and reenact §13-2C-21 of the code of West
Virginia, 1931, as amended, relating generally to the allocation
and carry forward of unused state private activity bond volume cap.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 4286, Repealing the section of the code
relating to coverage for alcoholic treatment because it is
superseded by another part of the code.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the adoption by that body of the committee of conference report,
passage as amended by the conference report with its conference
amended title, and requested the concurrence of the Senate in the
adoption thereof, as to
Eng. Com. Sub. for House Bill No. 4022, Creating "The
All-Terrain Vehicle Safety Regulation Act".
Whereupon, Senator Kessler, from the committee of conference
on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 4022, Creating "The
All-Terrain Vehicle Safety Regulation Act".
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments of the Senate to Engrossed
Committee Substitute for House Bill No. 4022 having met, after full
and free conference, have agreed to recommend and do recommend to
their respective houses, as follows:
That both houses recede from their respective positions as to
the amendments of the Senate, striking out everything after the
enacting clause, and agree to the same as follows:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new chapter, designated §17F-1-1, §17F-1-2, §17F-1-3,
§17F-1-4,
§17F-1-5, §17F-1-6, §17F-1-7, §17F-1-8 and
§17F-1-9, all to read as follows:
CHAPTER 17F. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator; penalties for violations.
(a) No all-terrain vehicle may be operated in this state:
(1) On any interstate highway except by public safety
personnel responding to emergencies;
(2) On any road or highway with a center line or more than two
lanes except for the purpose of crossing the road, street or
highway if:
(A) The crossing is made at an angle of approximately ninety
degrees to the direction of the highway and at a place where no
obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing
the shoulder or main traveled way of the highway;
(C) The operator yields his or her right-of-way to all
oncoming traffic that constitutes an immediate potential hazard;
and
(D) Both the headlight and taillight are illuminated when the
crossing is made if the vehicle is so equipped;
(3) With more than one passenger unless more passengers are
allowed under manufacturers' recommendations;
(4) With a passenger under the age of eighteen, unless the operator has at a minimum a level two intermediate driver's license
or its equivalent or is eighteen years of age or older;
(5) Unless riders under the age of eighteen are wearing size-
appropriate protective helmets that meet the current performance
specifications established by the American national standards
institute standard, z 90.1, the United States department of
transportation federal motor vehicle safety standard no. 218 or
Snell safety standards for protective headgear for vehicle users;
(6) Anytime from sunset to sunrise without an illuminated
headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark
arrester and a manufacturer-installed or equivalent muffler in
proper working order and properly connected to the vehicle's exhaust
system; or
(8) Unless operating in compliance with the provisions of
section two of this article.
(b) An all-terrain vehicle may, for the sole purpose of getting
from one trail, field or area of operation to another, be operated
upon the shoulder of any road, street or highway referred to in
subdivision (2), subsection (a) of this section, other than an
interstate highway, for a distance not to exceed ten miles if:
(1) The vehicle is operated at speeds of twenty-five miles per
hour or less; and
(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and
taillights which must be illuminated.
(c) Operation of an all-terrain vehicle in accordance with
subsection (b) of this section shall not constitute operation of a
motor vehicle on a road or highway of this state as contemplated by
the provisions of section seven of this article.
(d) Notwithstanding any provision of this chapter to the
contrary, a municipality, county or other political subdivision of
the state may authorize the operation of all-terrain vehicles on
certain specified roads, streets or highways which are marked with
centerline pavement markings, other than interstate highways, to
allow participation in parades, exhibitions and other special
events, in emergencies or for specified purposes.
§17F-1-2. Safety awareness courses.
(a) On and after the first day of September, two thousand four,
the commissioner of the division of motor vehicles shall offer a
free all-terrain vehicle rider safety awareness course, and may
approve other all-terrain vehicle rider safety awareness courses,
to meet the reasonably anticipated needs of the public. The
commissioner shall offer free safety awareness course materials to
authorized dealers of all-terrain vehicles for use by purchasers and
potential purchasers free of charge.
(b) The commissioner shall issue certificates of completion to
persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain
vehicles and other approved providers to issue the certificates of
completion.
(c) On and after the first day of January, two thousand five,
no person under the age of eighteen may operate an all-terrain
vehicle without a certificate of completion of a vehicle rider
awareness course as offered or approved by the commissioner.
(d) The provisions of subsection (c) of this section do not
apply to the operation of an all-terrain vehicle on any private or
public recreational trail or area or affiliated trail or area
operated by a person or entity which has in place a safety program.
§17F-1-3. Local government authority to regulate.
Notwithstanding any provision of this article to the contrary:
(1) The governing body of a municipality may regulate in any
manner or prohibit, by lawfully enacted ordinance, the operation of
all-terrain vehicles upon any street, road or avenue within the
municipal corporate limits.
(2) Homeowner associations may petition the county commission
of the county in which the area regulated by the homeowner
association is located for an ordinance to regulate or prohibit the
operation of all-terrain vehicles upon any street, road or avenue
within the area regulated by the homeowner association. County
commissions are hereby authorized, upon receipt of a petition
authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.
(3) The county commission of any county which has in effect and
is operating under a countywide comprehensive plan may by lawfully
enacted ordinance regulate or prohibit the operation of all-terrain
vehicles on any road in the county, except interstate highways:
Provided, That any county which enacts any such ordinance shall
notify the West Virginia state police and all law-enforcement
agencies in the county of its action in writing together with a copy
of the ordinance.
§17F-1-4. All-terrain vehicle rental dealers required to provide
safety equipment.
Any person or entity renting or leasing all-terrain vehicles
for recreational purposes must provide protective helmets, as
defined by the provisions of subdivision (5), subsection (a),
section one of this article, to all persons using such vehicles who
are under the age of eighteen and offer protective helmets to all
persons eighteen and older using the rented or leased vehicles:
Provided, That for the provisions of this section to be applicable,
the age and identity of the users of the all-terrain vehicle must
be disclosed to the person or entity providing the rented or leased
vehicle.
§17F-1-5. Private property exemption.
Except as provided by the provisions of subdivisions (3), (4)
and (5), subsection (a), section one of this article and except as provided by the provisions of section two of this article, the
provisions of this article do not apply if the all-terrain vehicle
is operated exclusively on lands owned or leased by the vehicle
owner or on private lands of others with the owner's permission.
§17F-1-6. Exemption for farm, commercial use; current regulations.
(a) Except as provided by the provisions of subdivisions (4)
and (5), subsection (a), section one of this article, nothing in
this article may be construed to preclude or limit the use or
operation of all-terrain vehicles for lawful nonrecreational
commercial purposes, including, but not limited to, farm use, oil
and gas operations, timbering, surveying and public utilities
access.
(b) Nothing in this chapter may be construed to supersede or
contravene the provisions of any agreement between the state of West
Virginia and any private or governmental entity entered into prior
to the effective date of this chapter, or any lawfully promulgated
legislative rule, including any emergency legislative rule,
regulating the operation of all-terrain vehicles.
§17F-1-7. Applicability of rules of operation.
(a) Every person operating an all-terrain vehicle upon a public
road or highway of this state shall be subject to all of the duties
applicable to the driver of a vehicle by the provisions of chapter
seventeen-c of this code except where inconsistent with the
provisions of this article and except as to those provisions of chapter seventeen-c of this code which by their nature can have no
application.
(b) Notwithstanding the provisions of subsection (a) of this
section, a motor vehicle operator's license is not required of an
operator of an all-terrain vehicle when he or she is operating said
vehicle in conformity with the provisions of subdivision (2),
subsection (a) or subsection (b), section one of this chapter,
except when the operator is under the age of eighteen and is
transporting a passenger under the age of eighteen.
§17F-1-8. Criminal penalties.
(a) Except as provided in the provisions of subsection (b) of
this section and in addition to any other legal remedy for violation
of civil or criminal provisions of this code, any person who
violates the provisions of this article or municipal or county
ordinance enacted pursuant to the provisions of section three of
this article or who owns or has control over an all-terrain vehicle
and knowingly permits it to be used in violation of the provisions
of this article is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than one hundred dollars.
(b) Any parent, legal guardian or person who has actual
responsibility for a child under eighteen years of age who knows or
should have known the child is operating or is a passenger on an
all-terrain vehicle without a helmet as required by the provisions
of section one of this article is guilty of a misdemeanor and shall, upon conviction, be subject to the following penalties:
(1) For a first offense, a fine of not less than fifty dollars
nor more than one hundred dollars or not more than ten hours of
community service, or both;
(2) For a second offense, a fine of not less than one hundred
dollars nor more than two hundred dollars or not more than twenty
hours of community service, or both;
(3) For a third or subsequent offense, a fine of not less than
two hundred dollars nor more than five hundred dollars or not more
than one hundred hours of community service, or both.
§17F-1-9. Definition of all-terrain vehicle.
As used in this chapter, "all-terrain vehicle" or "ATV" shall
mean any motor vehicle, fifty-two inches or less in width, having
an unladen weight of eight hundred pounds or less, traveling on
three or more low-pressure tires with a seat designed to be
straddled by the rider, designed for or capable of travel over
unimproved terrain.;
And,
That both houses recede from their respective positions as to
the title of the bill and agree to the same as follows:
Eng. Com. Sub. for House Bill No. 4022--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4, §17F-1-
5, §17F-1-6,
§17F-1-7, §17F-1-8 and §17F-1-9, all relating to the regulation of all-terrain vehicles generally; prohibiting operation
on interstate highways and on center-lined roads or roads with more
than two lanes; exceptions to prohibition; prohibiting operation
with more than one passenger unless allowed under manufacturers'
specifications; prohibiting child passengers unless operator is an
adult or has a level two intermediate driver's license; requiring
certain equipment; prohibiting riders under the age of eighteen
without a helmet; providing for criminal penalties for violations;
requiring safety awareness courses; creating exceptions; providing
for regulation by local government authority; requiring rental
dealers to provide safety equipment; providing certain exemptions
for use on private property; providing exemption for farm and
commercial use; and clarifying application of rules of operation.
Respectfully submitted,
J. D. Beane, Chair, Joe Talbott, Timothy R. Ennis, Dale Manuel,
Don Caruth, Conferees on the part of the House of Delegates.
Jeffrey V. Kessler, Chair, Mike Ross, Michael A. Oliverio II,
C. Randy White (Did not sign) , J. Frank Deem, Conferees on the part
of the Senate.
Senator Kessler, Senate cochair of the committee of conference,
was recognized to explain the report.
Following discussion,
Thereafter, on motion of Senator Kessler, the report was taken
up for immediate consideration and adopted.
At the respective requests of Senators Sharpe, Facemyer, Weeks,
Sprouse and Caldwell, unanimous consent being granted, it was
ordered that the Journal reflect that Senators Sharpe, Facemyer,
Weeks, Sprouse and Caldwell
voted "nay"
on the adoption of the
committee of conference report for Engrossed Committee Substitute
for House Bill No. 4022.
Engrossed Committee Substitute for House Bill No. 4022, as
amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Boley,
Bowman, Deem, Dempsey, Edgell, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and
Tomblin (Mr. President)--26.
The nays were: Caldwell, Chafin, Facemyer, Fanning, Smith,
Sprouse and Weeks--7.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4022) passed with its conference amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again 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
Com. Sub. for Senate Bill No. 431 (originating in the Committee
on Banking and Insurance), Establishing interstate insurance product
regulation compact.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 431 (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 §33-47-1, §33-47-2, §33-47-3, §33-47-4, §33-47-5, §33-47-
6, §33-47-7, §33-47-8, §33-47-9, §33-47-10, §33-47-11, §33-47-12,
§33-47-13, §33-47-14, §33-47-15 and §33-47-16, all relating to the
establishment and operation of an interstate compact for the review
and approval of certain lines of insurance products; setting forth
the purposes for establishing the compact, protecting the interests
of consumers and promoting uniform standards for insurance products;
setting forth definitions; establishing the interstate insurance
product regulation commission which has the power to develop uniform
standards for product lines, to receive and approve those product
filings and to be an instrumentality of the compacting states;
setting forth the powers of the interstate insurance product
regulation commission to promulgate rules, establish reasonable
uniform standards for product filings, review products filed with
the commission, review advertisement relating to long-term care insurance, exercise its rule-making authority, bring legal actions,
issue subpoenas, undertake activities relating to the administration
of the commission and appoint committees; setting forth provisions
relating to organization of the commission; memberships and voting
rights of states and participation in the governance of the
commission; creation and content of bylaws of the commission;
setting forth provisions relating to meetings and acts of the
commission; establishing rule-making authority of the commission;
exempting rules promulgated by the commission from the provisions
of chapter twenty-nine-a of this code; allowing states to opt out
of rules promulgated by the commission; setting forth provisions
relating to the maintenance and disclosure of commission records;
commission's power to monitor states' compliance with the compact,
but preserving to states the ability to regulate the market conduct
of insurers; setting forth provisions relating to resolution of
disputes between compacting states and noncompacting states; setting
forth requirements for filing products with the commission; setting
forth appeal rights of insurers following disapproval of filings;
setting forth provisions relating to the mechanism for funding the
operations of the commission, including the collection of filing
fees; setting forth the circumstances under which the compact will
become effective and requiring twenty-six states or states
representing forty percent of premium volume for the effected
insurance lines to adopt the compact before the commission may adopt uniform standards and approve filings; setting forth the procedures
for states to withdraw from the compact and circumstances under
which a state will be determined to be in default of the compact;
provisions relating to severability; and provisions relating to the
binding effect of the compact.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 512, Authorizing rules of higher education
policy commission.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 566, Establishing Unborn Victims of Violence Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 566 (originating in the Committee
on the Judiciary)--A Bill to amend the code of West Virginia, 1931,
as amended, by adding thereto a new section, designated §61-2-30,
relating to establishing the "Unborn Victims of Violence Act";
recognizing a fetus as a person for purposes of being a separate
victim of certain crimes of violence against the person; specifying
penalties; providing definitions and exceptions; and certain
convictions not barred.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 596, Relating to powers and duties of board of
directors of state board of risk and insurance management.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 596 (originating in the Committee
on the Judiciary)--A Bill
to amend and reenact §29-12-5 of the code of West Virginia, 1931, as amended, relating to the powers and
duties of the board of directors of the state board of risk and
insurance management with respect to the purchase of or contracting
for insurance on state properties, activities and responsibilities;
clarifying the power of the board to reasonably limit the amount,
kind and types of insurance and the conditions, limitations and
exclusions of such insurance covering state property, activities and
responsibilities; and giving the board of risk and insurance
management general powers to determine under what conditions an
offer of property or liability insurance coverage should be made to
a political subdivision, charitable or public service organization
or an emergency medical services agency.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 663, Prohibiting certain long-term care
facilities from soliciting residents for money or assets.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
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. 665, Increasing circuit clerks' salaries.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 665 (originating in the Committee
on the Judiciary)--A Bill to amend and reenact §7-7-4 of the code
of West Virginia, 1931, as amended, relating to increasing salaries
of circuit clerks and county clerks.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 665) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was then referred to the Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed business under the fourth order.
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. 616, Relating to environmental protection
advisory council.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 616 (originating in the Committee
on Natural Resources)--A Bill
to amend and reenact §22-1-9 of the
code of West Virginia, 1931, as amended; and to amend and reenact
§22-3-2 and §22-3-4 of said code, all relating to the department of
environmental protection; requiring that a regular or special
meeting of the advisory committee be had upon the written request
of three members; requiring that the council timely receive an
agenda for each meeting with supporting documentation; allowing
council members to submit rule-making suggestions to the secretary
for submission; and establishing a new quality assurance/quality compliance advisory committee
to review permitting procedures and
improve the permitting processes
.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 616) contained in the
preceding report from the Committee on Natural Resources was taken
up for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was then
referred to the Committee on the Judiciary.
On motion of Senator Chafin, a leave of absence for the day was
granted Senator Bailey.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 27, 2004, at 11 a.m.
____________