WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2006

TWENTIETH DAY

____________

Charleston, W. Va., Monday, January 30, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Edison Hager, Calvary Church of the Nazarene, Charleston, West Virginia.
Pending the reading of the Journal of Friday, January 27, 2006,
On motion of Senator Caruth, 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.
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 25, 2006

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:
Dental Examiners, Board of

Fees Established by the Board (5 CSR 3)

DEP-Air Quality, Office of

Nitrogen Oxide Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Nonelectric Generating Units as a Means to Mitigate Transport of Ozone Precursors (45 CSR 1)

DEP-Air Quality, Office of

Emission Standards for Hazardous Air Pollutants Pursuant to 40 CFR Part 61 (45 CSR 15)

DEP-Air Quality, Office of

Standards of Performance for New Stationary Sources Pursuant to 40 CFR Part 60 (45 CSR 16)

DEP-Air Quality, Office of

Acid Rain Provisions and Permits (45 CSR 33)

DEP-Air Quality, Office of

Emission Standards for Hazardous Air Pollutants for Source Categories Pursuant to 40 CFR Part 63 (45 CSR 34)

DEP-Air Quality, Office of

Mercury Budget Trading Program to Reduce Mercury Emissions (45 CSR 37)

DEP-Air Quality, Office of

Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Oxides (45 CSR 39)

DEP-Air Quality, Office of

Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone and Nitrogen Oxides (45 CSR 40)

DEP-Air Quality, Office of

Control of Annual Sulfur Dioxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Sulfur Dioxide (45 CSR 41)

DEP-Mining and Reclamation, Office of

Surface Mining Rule (38 CSR 2)

DEP-Oil and Gas, Office of

Coalbed Methane Wells Rule (35 CSR 3)

DEP-Oil and Gas Conservation Commission

Rules of the Commission (39 CSR 1)

DEP-Waste Management, Office of

Solid Waste Management Rule (33 CSR 1)

DEP-Waste Management, Office of

Hazardous Waste Management Rule (33 CSR 20)

DEP-Water Resources, Office of

Requirements Governing Water Quality Standards (47 CSR 2)

DEP-Water Resources, Office of

Community Infrastructure Investment Program (47 CSR 61)

Ethics Commission

Complaints, Investigations and Hearings (158 CSR 3)

Ethics Commission

Code of Conduct for Administrative Law Judges (158 CSR 13)

Ethics Commission

Filing of Verified Time Records (158 CSR 14)

Highways, Division of

Use of State Road Rights-of-Way Adjacent Areas (157 CSR 6)

Highways, Division of

Transportation of Hazardous Wastes Upon the Roads and Highways (157 CSR 7)

Insurance Commissioner

West Virginia Essential Property Insurance Association (114 CSR 21)

Insurance Commissioner

Medicare Supplemental Insurance (114 CSR 24)

Insurance Commissioner

Nonrenewal of Property Insurance Policies (114 CSR 74)

Insurance Commissioner

Private Passenger Automobile and Property Insurance-- Biannual Rate Filing Requirements (114 CSR 75)

Natural Resources, Division of

Wild Boar Hunting Rule (58 CSR 52)

Natural Resources, Division of

Special Waterfowl Hunting Rule (58 CSR 58)

Natural Resources, Division of

Lifetime Hunting, Trapping and Fishing Licenses (58 CSR 67)

Optometry, Board of

Rules of the Board of Optometry (14 CSR 1)

Optometry, Board of

Schedule of Fees (14 CSR 5)

Radiologic Technology Board of Examiners

Rule of the Board of Examiners for Radiologic Technologists (18 CSR 1)

Real Estate Appraiser Licensing and Certification Board

Renewal of Licensure or Certification (190 CSR 3)

State Police

West Virginia State Police Grievance Procedure (81 CSR 8)

Tax Department, State

Valuation of Active and Reserve Coal Property for Ad Valorem Property Tax Purposes (110 CSR 1I)

Veterinary Medicine, Board of

Schedule of Fees (26 CSR 6)

The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code §29A-3-14, and which were approved by the Committee with the modifications with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:
Administration, Department of - Leasing Section

Leasing Space on Behalf of State Spending Units (148 CSR 2)

Administration, Department of - Purchasing Division

Rules for Selecting Design-Builders under the Design- Build Procurement Act (148 CSR 11)

Administration, Department of - Purchasing Division

Cannibalization of State Property (148 CSR 16)

Administration, Department of - Purchasing Division

Waste Disposal of State Property (148 CSR 17)

Agriculture, Department of

Animal Disease Control (61 CSR 1)

Agriculture, Department of

Certified Pesticide Applicator Rules (61 CSR 12A)

Agriculture, Department of

Integrated Pest Management Programs in Schools and Day Care Centers and Facilities (61 CSR 12J)

Agriculture, Department of

Voluntary Farmland Protection Program (61 CSR 26)

Auditor's Office, State

State Purchasing Card Program (155 CSR 7)

Conservation Agency, West Virginia

State Conservation Committee (63 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

Service Credit for Accrued and Unused Sick and Annual Leave (162 CSR 8)

Consolidated Public Retirement Board

West Virginia State Police (162 CSR 9)

Consolidated Public Retirement Board

Deputy Sheriff Retirement System (162 CSR 10)

Dental Examiners, Board of

Dental Advertising (5 CSR 8)

DEP-Air Quality, Office of

To Prevent and Control Air Pollution from Hazardous Waste Treatment, Storage or Disposal Facilities (45 CSR 25)

DEP-Secretary's Office

Environmental Excellence Program Rule (60 CSR 8)

Ethics Commission

West Virginia Ethics Commission (158 CSR 1)

Ethics Commission

Lobbying (158 CSR 12)

Ethics Commission

Compliance Audits (158 CSR 15)

Ethics Commission

Ethics Training Requirements for Designated Public Officials (158 CSR 18)

Fire Commission, State

State Fire Code (87 CSR 1)

Fire Commission, State

State Building Code (87 CSR 4)

Fire Commission, State

Certification of Home Inspectors (87 CSR 5)

Fire Commission, State

Standards for the Certification and Continuing Education of Municipal, County and Other Public Sector Building Code Officials, Building Code Inspectors and Plans Examiners (87 CSR 7)

Forestry, Division of

Ginseng Regulations (22 CSR 1)

Governor's Committee on Crime, Delinquency and Correction

Motor Vehicle Stop Data Collection Standards for the Study of Racial Profiling (149 CSR 5)

Health and Human Resources, Department of

Public Water Systems (64 CSR 3)

Health and Human Resources, Department of

Reportable Diseases, Events and Conditions (64 CSR 7)

Health and Human Resources, Department of,

Health Facility Licensure and Certification, Office of

Hospital Licensure Rule (64 CSR 12)

Health and Human Resources, Department of

Assisted Living Residences (64 CSR 14)

Health and Human Resources, Department of

Fees for Permits (64 CSR 30)

Health and Human Resources, Department of

Lead Abatement Licensing (64 CSR 45)

Health and Human Resources, Department of

Cancer Registry (64 CSR 68)

Health and Human Resources, Department of,

Health Facility Licensure and Certification, Office of

Alzheimer's and Dementia Special Care Units and Programs (64 CSR 85)

Health and Human Resources, Department of

Regulation of Opioid Treatment Programs (64 CSR 90)

Insurance Commissioner

Licensing and Conduct of Individual Insurance Producers, Agencies and Solicitors (114 CSR 2)

Insurance Commissioner

Replacement of Life Insurance Policies and Annuity Contracts (114 CSR 8)

Insurance Commissioner

Unfair Trade Practices (114 CSR 14)

Labor, Division of

West Virginia Manufactured Housing Construction and Safety Standards Board (42 CSR 19)

Labor, Division of

Nurse Overtime Complaints (42 CSR 30)

Licensed Practical Nurses, State Board of Examiners for

Policies Regulating Licensure of the Licensed Practical Nurse (10 CSR 2)

Miners' Health, Safety and Training, Office of

Rules Governing Safety Provisions for Cleaning Crews (56 CSR 2)

Motor Vehicles, Division of

Denial, Suspension, Restriction or Nonrenewal of Driving Privileges (91 CSR 5)

Motor Vehicles, Division of

Motor Vehicle Dealers and Other Business Regulated by the Division of Motor Vehicles (91 CSR 6)

Natural Resources, Division of

Commercial Whitewater Outfitters (58 CSR 12)

Natural Resources, Division of

Boating Rule (58 CSR 25)

Natural Resources, Division of

Terms Defining the Terms to be Used Concerning All Hunting and Trapping Rules (58 CSR 46)

Natural Resources, Division of

Falconry (58 CSR 65)

Occupational Therapy, Board of

Administrative Rules of the Board of Occupational Therapy and Licensure of Occupational Therapists and Occupational Therapy Assistants (13 CSR 1)

Pharmacy, Board of

Ephedrine and Pseudoephedrine Control (15 CSR 11)

Psychologists, Board of Examiners of

Qualifications for Licensure as a Psychologist and/or a School Psychologist (17 CSR 3)

Racing Commission

Greyhound Racing (178 CSR 2)

Radiologic Technology Board of Examiners

Standard of Ethics (18 CSR 5)

Real Estate Appraiser Licensing and Certification Board

Requirements for Licensure and Certification (190 CSR 2)

Rehabilitation Services, Division of

Ron Yost Personal Assistance Services Board (198 CSR 1)

Secretary of State

Loan Program for Purchase of Voting Equipment, Software and Services (153 CSR 10)

Secretary of State

Public Testing of Ballot-Marking Voting Systems and Precinct Ballot-Scanning Devices (153 CSR 11)

Secretary of State

Use of Digital Signatures, State Certificate Authority and State Repository (153 CSR 30)

Statewide Addressing and Mapping Board

Final Distribution and Use of Statewide Addressing and Mapping Fund (169 CSR 3)

Statewide Addressing and Mapping Board

Standard Fees for Planimetric Elevation Data (169 CSR 4)

Tax Department, State

Business Registration Certificate--Suspension, Cancellation, Refusal to Renew or Refusal to Issue for Failure to Pay Personal Property Taxes (110 CSR 12D)

Tourism, Division of

Direct Advertising Grants Program (144 CSR 1)

Veterinary Medicine, Board of

Organization and Operation (26 CSR 1)

Veterinary Medicine, Board of

Certified Animal Euthanasia Technicians (26 CSR 5)

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:
Natural Resources, Division of

Rules Governing Public Use of West Virginia State Parks, State Forests and State Wildlife Management Areas under the Division of Natural Resources (58 CSR 31)

Osteopathy, Board of

Osteopathic Physician Assistants (24 CSR 2)

The Committee submits the following legislative rule with the recommendation that the rule be withdrawn by the agency pursuant to West Virginia Code §29A-3-14:
Natural Resources, Division of

Miscellaneous Permits and Licenses (58 CSR 64)

Respectfully submitted,
Joseph M. Minard,
Senate,
Virginia Mahan,
House of Delegates,
Cochairs.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 372
-A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to policies regulating licensure of the licensed practical nurse.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 373
-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 safety provisions for cleaning crews.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 374
-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 the denial, suspension, revocation, restriction or nonrenewal of driving privileges.
Referred to the Committee on Transportation and Infrastructure; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 375
-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 motor vehicle dealers and other businesses regulated by the division.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 376
-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 boating.
Referred to the Committee on Natural Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 377
-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 falconry.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 378
-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 commercial whitewater outfitters.
Referred to the Committee on Natural Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 379
-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 rules governing the public use of West Virginia State Parks, State Forests and State Wildlife Management Areas under the division.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 380
-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 terms defining the terms to be used concerning all hunting and trapping rules.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 381
-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 wild boar hunting.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, 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 Division of Natural Resources to promulgate a legislative rule relating to special waterfowl hunting.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 383
-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 miscellaneous permits and licenses.
Referred to the Committee on Natural Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, 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 Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 385
-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 Occupational Therapy to promulgate a legislative rule relating to the administration of the board and licensure of occupational therapists and occupational therapy assistants.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 386
-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 Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 387
-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 a schedule of fees.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 388
-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 Osteopathy to promulgate a legislative rule relating to osteopathic physician assistants.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 389
-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 Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, 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 Examiners of Psychologists to promulgate a legislative rule relating to qualifications for licensure as a psychologist or a school psychologist.
Referred to the Committee on Health and Human Resources; then to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 391
-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 Minard, Fanning, Prezioso, 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 Radiologic Technology Board of Examiners to promulgate a legislative rule relating to the board.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 393
-A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Radiologic Technology Board of Examiners to promulgate a legislative rule relating to standard of ethics.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 394
-A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to the requirements for licensure and certification.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, 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 Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to the renewal of licensure and certification.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 396
-A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the Ron Yost Personal Assistance Services Board.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 397
-A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the loan program for purchase of voting equipment, software and services.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 398
-A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to public testing of ballot-marking voting systems and precinct ballot-scanning devices.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, 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 Secretary of State to promulgate a legislative rule relating to the use of digital signatures, state certificate authority and state repository.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 400
-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 State Police grievance procedure.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 401
-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 the final distribution and use of the Statewide Addressing and Mapping Fund.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 402
-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 standard fees for planimetric elevation data.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 403
-A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Tax Department to promulgate a legislative rule relating to business registration certificate--suspension for failure to pay personal property taxes.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 404
-A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Tax Department to promulgate a legislative rule relating to the valuation of active and reserve coal property for ad valorem property tax purposes.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 405
-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 Tourism to promulgate a legislative rule relating to the Direct Advertising Grants Program.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 406
-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 Veterinary Medicine to promulgate a legislative rule relating to organization and operation.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 407
-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 Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 408
-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 Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 409
-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 the West Virginia Manufactured Housing Construction and Safety Standards Board.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 410
-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 nurse overtime complaints.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley, Minear and Hunter:
Senate Bill No. 411
-A Bill to amend and reenact §8A-12-9 of the Code of West Virginia, 1931, as amended, relating to specifically providing the West Virginia Agricultural Land Protection Authority with the power to retain an executive director and staff.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Helmick, Barnes, Unger, Edgell, Hunter and Love:
Senate Bill No. 412
--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting farming equipment and livestock from personal property taxation.
Referred to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 413
--A Bill to amend and reenact §30-40-20 of the Code of West Virginia, 1931, as amended, relating to the Real Estate Licensing Act generally; and eliminating the requirement that complaints be verified.
Referred to the Committee on the Judiciary.
By Senators Prezioso and Unger:
Senate Bill No. 414
--A Bill to amend and reenact §16-35-3 and §16-35-7 of the Code of West Virginia, 1931, as amended, all relating to definitions and exemptions from notification and licensure relating to lead abatement.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Chafin, Helmick, Bailey, Edgell, Minard, Plymale, Barnes, Unger, Foster, Hunter and Love:
Senate Bill No. 415
--A Bill to amend and reenact §18B-14-10 of the Code of West Virginia, 1931, as amended, relating to credit card solicitation on college campuses; and providing a misdemeanor penalty for violations.
Referred to the Committee on the Judiciary.
By Senators Chafin, Bailey, Helmick, Edgell, Plymale, Yoder, Foster, Hunter and Love:
Senate Bill No. 416
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-5b, relating to prohibiting the use of a person's credit history in insurance transactions.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Hunter, Unger, Edgell, Dempsey, Prezioso, White, Love, Kessler, Fanning, Minard and Foster:
Senate Bill No. 417
--A Bill to amend and reenact §18-29-3, §18-29-4, §18-29-5 and §18-29-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-29-10a, all relating to grievance procedures for state educational employees; changing grievance procedures; providing for administrative law judges; and providing for binding arbitration.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Love, White, Hunter, Caruth, McKenzie and Unger:
Senate Bill No. 418
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-30, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a relocation assistance program for nonprobationary correctional officers who volunteer to relocate from an adequately staffed regional jail to a regional jail that is persistently understaffed; and providing certain subjects be addressed in the program.
Referred to the Committee on Finance.
By Senators Love and Hunter:
Senate Bill No. 419
--A Bill to amend and reenact §24-2-1 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission generally; and providing that an innovative, alternative sewer service method provided by a public utility is subject to the jurisdiction of the Public Service Commission.
Referred to the Committee on Government Organization.
By Senator Weeks:
Senate Bill No. 420
--A Bill to amend and reenact §60-4-23 of the Code of West Virginia, 1931, as amended, relating to restricting billboard advertising of exotic entertainment establishments.
Referred to the Committee on the Judiciary.
By Senators Yoder, Sharpe, Barnes, Kessler, Minear, Bailey, Caruth and Hunter:
Senate Bill No. 421
--A Bill to amend and reenact §4-2A-2 and §4-2A-4 of the Code of West Virginia, 1931, as amended, all relating to implementing the recommendations of the Citizen's Legislative Compensation Commission by enhancing the compensation of legislators.
Referred to the Committee on Finance.
By Senator Weeks:
Senate Bill No. 422
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-17a, relating to the parkways authority generally; and allowing frequent commuters on the West Virginia Turnpike to turn in accumulated toll receipts in an amount equal to the cost of calendar year commuter pass for a commuter pass for the remainder of the calendar year.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bowman and Bailey:
Senate Bill No. 423
--A Bill to amend and reenact §30-37-7, §30-37-8, §30-37-9, §30-37-10 and §30-37-11 of the Code of West Virginia, 1931, as amended, all relating to the Massage Therapy Licensure Board; discontinuing waiver of requirements for licensure; providing that board may require licensees formerly licensed by waiver to meet certain requirements to reinstate lapsed licenses; providing grounds for denial of renewal of licenses; prohibiting practicing under lapsed license; providing for disciplinary sanctions for certain prohibited acts; clarifying that students of massage therapy may not charge or receive fees; and increasing civil penalties.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Bailey, Chafin, White, Minear and Lanham:
Senate Bill No. 424
--A Bill to repeal §30-22-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-22-1, §30-22-2, §30-22-3, §30-22-4, §30-22-5, §30-22-6, §30-22-7, §30-22- 8, §30-22-9, §30-22-10, §30-22-11, §30-22-12, §30-22-13, §30-22-14, §30-22-15, §30-22-16, §30-22-17 and §30-22-18 of said code; and to amend said code by adding thereto eleven new sections, designated §30-22-19, §30-22-20, §30-22-21, §30-22-22, §30-22-23, §30-22-24, §30-22-25, §30-22-26, §30-22-27, §30-22-28 and §30-22-29, all relating to updating the regulation of the practice of landscape architecture; definitions; board composition; powers and duties of the board; clarifying rule-making authority; license, temporary permit and certificate of authorization requirements; exemptions; hearing and notice requirements; providing civil cause of action; criminal penalties; and continuation of the board.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bailey, Foster, Hunter and Love:
Senate Bill No. 425
--A Bill to amend and reenact §20-14-2 of the Code of West Virginia, 1931, as amended, relating to adding the counties of Mercer and Raleigh as participating members of the Hatfield-McCoy Regional Recreation Authority.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Bowman and McKenzie:
Senate Bill No. 426
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-13a, relating to penalties for employment or use of unauthorized workers by contractors or subcontractors; empowering the commissioner and board to issue injunctions for violations; and providing for suspension and permanent revocation of licenses and fines.
Referred to the Committee on the Judiciary.
By Senators Kessler, Hunter and Love:
Senate Bill No. 427
--A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Retirement System; and preventing reduction of disability pensions at age sixty-five.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Minard, White, Love, Fanning, Chafin and Hunter:
Senate Bill No. 428
--A Bill to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of the Code of West Virginia, 1931, as amended, all relating to providing purchasing card procedural uniformity throughout agencies.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Oliverio and Hunter:
Senate Bill No. 429
--A Bill to amend and reenact §27-6A-1, §27-6A-2, §27-6A-3, §27-6A-4, §27-6A-5, §27-6A-6, §27-6A-7, §27-6A-8 and §27-6A-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §27-6A-10 and §27-6A-11, all relating to the determination of a person's competency to stand trial and of criminal responsibility; addressing court jurisdiction over persons found not guilty by reason of mental illness; requiring release from jurisdiction of the court under certain circumstances; requiring periodic review of person found incompetent to stand trial; adding provisions for forensic evaluations and evaluators; addressing evaluations of diminished capacity and dangerousness; and providing responsibility of costs.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Dempsey, Unger and Jenkins:
Senate Bill No. 430
--A Bill to amend and reenact §15-12-1a, §15-12-2, §15-12-2a, §15-12-2b, §15-12-5 and §15-12-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §61-2-14 of said code; to amend and reenact §61-8-6, §61-8-7 and §61-8-12 of said code; to amend and reenact §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8, §61-8B-9 and §61-8B-10 of said code; to amend and reenact §61-8C-2 and §61-8C-3 of said code; to amend and reenact §61-8D-5 and §61-8D-6 of said code; to amend said code by adding thereto a new article, designated §61-8F-1, §61-8F-2 and §61-8F-3; and to amend said code by adding thereto a new article, designated §62-11D-1, §62-11D-2, §62-11D-3, §62-11D-4, §62-11D-5, §62-11D-6, §62-11D-7, §62-11D-8, §62-11D-9, §62-11D-10, §62-11D-11, §62-11D-12, §62-11D-13, §62-11D-14, §62-11D-15, §62-11D-16, §62-11D-17, §62-11D-18, §62-11D-19 and §62-11D-20, all relating to registration of sex offenders generally; listing certain legislative findings; identifying sexually violent predators; increasing prison terms of persons found guilty of violating sex offender registration requirements; providing for supervised electronic monitoring upon release; increasing certain fines and penalties for perpetrators of sex offenses; requiring notice to residents within one thousand feet of the residence of a registered sex offender; establishing a rebuttable presumption that release on bond of certain sex offenders would not protect the community; providing for mandatory supervised probation; establishing a procedure for committing sexually violent predators; setting forth certain findings; requiring notice to prosecuting attorney of proposed release of sexually violent predator; providing for the filing of a commitment petition for a sexually violent predator; providing for a probable cause hearing on the petition; setting forth certain rights of the parties; requiring the filing of a petition for conditional release; setting forth procedures for determining unconditional discharge of sexually violent predator; providing for hearing on least restrictive alternative; conditional release to a less restrictive setting; providing for a global positioning system monitoring requirement for release to less restrictive community setting; providing for the apprehension of persons placed in less restrictive alternatives; hearing and revocation of placement; setting forth certain responsibilities of the Department of Health and Human Resources; approval of community service personnel by Department of Health and Human Resources; providing for the release of certain information; establishing a procedure on escape or disappearance of violent sexual offenders; notice of escape and recapture; and providing for the proposing of rules for legislative approval.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Prezioso, Oliverio, McKenzie and Foster offered the following resolution:
Senate Concurrent Resolution No. 30-Amending Joint Rules of the Senate and the House of Delegates.
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates be amended by adding thereto a new rule, designated Rule 30, to read as follows:
Joint Committee on Technology
30. (a) A joint standing committee of the Senate and House, named the Joint Committee on Technology, shall continually study and investigate means and methods to develop and maintain an overall technology policy for the State of West Virginia with respect to: (1) Applying technology to free state employees from repetitive tasks so the employees may focus on more important tasks; (2) applying technology to speed information flow and information management to achieve a faster response time to users of government services, including businesses, individuals and intergovernmental users; (3) minimizing transaction costs; and (4) meeting the demands of constituents for use of technology. All computer- and technology-related legislation introduced in the Legislature shall be referred to the committee in addition to any other reference the presiding officer may designate.
(b) The committee consists of seven members of the Senate to be appointed by the President of the Senate and seven members of the House of Delegates to be appointed by the Speaker of the House of Delegates. If possible, no more than five of the seven members appointed by the President of the Senate and the Speaker of the House of Delegates, respectively, may be members of the same political party.
(c) The committee shall make a continuing study and investigation of all aspects of technology and endeavor to stimulate, encourage, promote and assist in the development of technology in the state and related public policies. The powers and duties of the committee include, but are not limited to, the following:
(1) Review annual reports and work plans submitted by the Office of Technology of the Department of Administration and the West Virginia Science and Technology Advisory Council concerning the development of access to a statewide public telecommunications network for distance learning, telemedicine and universal access for governmental entities, e-government, e-commerce and other issues relating to technology, either initiated by those agencies or the committee or referred to it by either house of the Legislature for study or review;
(2) Exercise leadership to coordinate for the various committees of the Legislature the various activities, studies and planning activities of the Legislature which relate to any aspect of technological development;
(3) Evaluate the impact of existing statutes and proposed legislation related to technology in the state;
(4) Use the Office of Technology of the Department of Administration and other resources to investigate, research and consider issues related to technology as may be requested by the Legislature and make recommendations to the Legislature;
(5) Encourage research and development in technology; and
(6) Inventory and consult with existing technology businesses and enterprises as to ways to foster increased business activity and employment opportunities.
(7) Working in cooperation with the Office of Technology and the Department of Administration, the committee shall recommend guidelines to be used by the Legislature, state government and state political subdivisions for technology-related purchasing.
(d) The committee shall hold meetings at such times and places as it may designate. The President of the Senate shall appoint a cochair of the committee from the Senate members and the Speaker of the House of Delegates shall appoint a cochair of the committee from the House of Delegates members. When the Legislature is not in session, the committee shall meet and conduct its business as a joint committee.
When the Legislature is in session, in addition to joint meetings, the members of either house may meet separately from members of the other house to conduct committee business concerning technology-related legislation introduced or originated in that house. When the members meet separately, they may function as other committees of that house. As far as practicable, relevant information, including actuarial letters or notes, gathered by members meeting separately from the other house shall be sent to the cochair of the other house if it is considering the same or similar legislation.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 4021,
Relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee.

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: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 4021) passed.
On motion of Senator Prezioso, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one through four, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4021--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-4, §16-2J- 5, §16-2J-6, §16-2J-7, §16-2J-8 and §16-2J-9; and to amend said code by adding thereto a new article, designated §33-15D-1, §33- 15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-11, all relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee; declaring legislative intent; authorizing approval of participants based on guidelines by the Health Care Authority and the Insurance Commissioner; requiring licensure by the Health Care Authority; authorizing the Insurance Commissioner to approve fees, marketing materials and forms and to certify financial soundness; authorizing study of the program by the Health Care Authority; providing for legislative rules; mandating a Health Care Authority report to the Legislative Oversight Commission on Health and Human Resources Accountability; setting grounds for revocation, suspension and failure to renew licenses; relating to individual limited health benefits insurance plans; including preventive and primary care services; requiring approval of plans by Insurance Commissioner; providing eligibility requirements; setting forth statutory or regulatory provisions that do not apply to such plans; providing underwriting standards; continuing use of existing reimbursement rates; establishing criteria for filing and approval of premium rates; requiring certification of creditable coverage; authorizing Insurance Commissioner to promulgate emergency rules; mandating disclaimer on policies; exempting plans from premium taxes; providing for severability; providing rule of construction; and creating penalties.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4021) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 7, Establishing Flood Protection Planning Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 51, Relating to name change for certain persons.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Senate Bill No. 242, Allowing state-chartered banks issue more than one class of stock.
Senate Bill No. 244, Relating to state-chartered banks' investment limitations.
Senate Bill No. 271, Reducing state banks' time period for retaining records.
Senate Bill No. 370, Creating personal property tax exemption for farm equipment and livestock.
And,
Senate Bill No. 371, Reducing severance tax on timber.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 31, 2006, at 11 a.m.
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