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.
____________