WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
SEVENTEENTH DAY
____________
Charleston, W. Va., January 26, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Dan Foster, a senator from
the seventeenth district.
Pending the reading of the Journal of Thursday, January 25,
2007,
On motion of Senator Stollings, 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 24, 2007
West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code §29A-
3-12, as chairs of the Legislative Rule-Making Review Committee, we
submit this report of its activities. A bill, in the form approved
by the Committee, authorizing each of the proposed legislative
rules below as submitted, as modified or as modified and amended
has been drafted by the staff of the Legislative Rule-Making Review
Committee pursuant to West Virginia Code §29A-3-11.
The Committee submits the following proposed rules to the
Legislature with the recommendation that the proposed rules be
authorized for promulgation by the respective agencies as
submitted:
Alcohol Beverage Control Commission
Nonintoxicating Beer Licensing and Operations Procedures
(176 CSR 1)
Alcohol Beverage Control Commission
Private Club Licensing (175 CSR 2)
Alcohol Beverage Control Commission
Licensing of Retail Liquor Stores (175 CSR 5)
Auditor's Office, State
Transaction Fee and Rate Structure (155 CSR 4)
Consolidated Public Retirement Board
Teachers' Defined Contribution System (162 CSR 3)
Consolidated Public Retirement Board
Teachers Retirement System (162 CSR 4)
Corrections, Division of
Parole Supervision (90 CSR 2)
Counseling, Board of Examiners in
License Renewal and Continuing Education Requirements (27
CSR 3)
DEP-Air Quality, Division of
Control of Air Pollution from Combustion of Refuse (45
CSR 6)
DEP-Air Quality, Division of
Standards of Performance for New Stationary Sources (45
CSR 16)
DEP-Air Quality, Division of
Control of Air Pollution from Hazardous Waste Treatment,
Storage or Disposal Facilities (45 CSR 25)
DEP-Water and Waste Management, Division of
Hazardous Waste Management System (33 CSR 20)
DEP-Water Resources, Office of
Requirements Governing Water Quality Standards (47 CSR 2)
DEP-Water Resources, Office of
Rules for Individual State Certification of Activities
Requiring a Federal Permit (47 CSR 5A)
Fire Commission, State
State Building Code (87 CSR 4)
Health and Human Resources, Department of
Public Water Systems (64 CSR 3)
Highways, Division of
Transportation of Hazardous Wastes Upon the Roads and
Highways (157 CSR 7)
Highways, Division of
Waste Tire Remediation/Environmental Clean Up (157 CSR 8)
Landscape Architects, Board of
Fees (9 CSR 3)
Natural Resources, Division of
Commercial Whitewater Outfitters (58 CSR 12)
Natural Resources, Division of
Special Boating Rules (58 CSR 26)
Osteopathy, Board of
Osteopathic Physician Assistants (24 CSR 2)
Personnel, Division of
Workers' Compensation Temporary Total Disability Rule
(143 CSR 3)
Pharmacy, Board of
Ephedrine and Pseudoephedrine Control (15 CSR 11)
Real Estate Commission
Requirements in Licensing Real Estate Brokers, Associate
Brokers and Salespersons and the Conduct of Brokerage
Businesses (174 CSR 1)
Rehabilitation Services, Division of
Case Services (130 CSR 1)
Rehabilitation Services, Division of
Resources Manual (130 CSR 2)
The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with
the provisions of West Virginia Code §29A-3-14, and which were
approved by the Committee with the modifications with the
recommendation that the proposed rules be authorized for adoption
by the respective agencies as modified:
Administration, Department of
Purchasing (148 CSR 1)
Administration, Department of
Cannibalization of State Property (148 CSR 16)
Administration, Department of
Waste Disposal of State Property (148 CSR 17)
Administration, Department of
Administration of State Funds and Grants (148 CSR 18)
Agriculture, Department of
Animal Disease Control (61 CSR 1)
Agriculture, Department of
West Virginia Agricultural Liming Materials Law
Regulations (61 CSR 6A)
Agriculture, Department of
West Virginia Plant Pest Act Rule (61 CSR 14)
Agriculture, Department of
Rules and Regulations Dealing with Noxious Weeds (61 CSR
14A)
Architects, Board of
Registration of Architects (2 CSR 1)
Conservation Agency, West Virginia
State Conservation Committee (63 CSR 1)
Consolidated Public Retirement Board
Public Employees Retirement System (162 CSR 5)
Consolidated Public Retirement Board
Refund, Reinstatement and Loan Interest Factors (162 CSR
7)
Consolidated Public Retirement Board
Deputy Sheriff Retirement System (162 CSR 10)
Counseling, Board of Examiners in
Licensing Rule (27 CSR 1)
DEP-Air Quality, Division of
Ambient Air Quality Standards (45 CSR 8)
DEP-Air Quality, Division of
Control of Air Pollution from Combustion of Solid Waste
(45 CSR 18)
DEP-Air Quality, Division of
Emission Standards for Hazardous Air Pollutants (45 CSR
34)
DEP-Air Quality, Division of
Control of Annual Nitrogen Oxide Emissions (45 CSR 39)
DEP-Air Quality, Division of
Control of Ozone Season Nitrogen Oxide Emissions (45 CSR
40)
DEP-Air Quality, Division of
Control of Annual Sulfur Dioxide Emissions (45 CSR 41)
DEP-Explosives and Blasting, Office of
West Virginia Explosives and Blasting Rule (199 CSR 1)
DEP-Mining and Reclamation, Division of
West Virginia Surface Mining Proclamation Rule (38 CSR 2)
DEP-Oil and Gas, Office of
Coalbed Methane Wells Rule (35 CSR 3)
DEP-Secretary's Office
Voluntary Remediation and Redevelopment Rule (60 CSR 3)
DEP-Secretary's Office
Antidegradation Implementation Procedures (60 CSR 5)
DEP-Waste Management, Office of
Recycling Assistance Grant Program (33 CSR 10)
DEP-Water Resources, Office of
WV/NPDES Rules for Coal Mining Facilities (47 CSR 30)
Employment Programs, Bureau of
Rules that Prohibit Agencies from Granting, Issuing or
Renewing Approval Documents with Employing Units in
Default with the Bureau of Employment Programs (96 CSR 1)
Fire Commission, State
Certification and Evaluation of Local Fire Departments
(87 CSR 6)
Forestry, Division of
Ginseng Regulations (22 CSR 1)
Health and Human Resources, Department of
Public Water Systems Operator Regulations (64 CSR 4)
Health and Human Resources, Department of
Nursing Home Licensure Rule (64 CSR 13)
Health and Human Resources, Department of
Recreational Water Facilities (64 CSR 16)
Health and Human Resources, Department of
Vital Statistics (64 CSR 32)
Health and Human Resources, Department of
Emergency Medical Services (64 CSR 48)
Health Care Authority
Certificate of Need Rule (65 CSR 7)
Health Care Authority
Health Services Offered by Health Professionals (65 CSR
17)
Homeland Security and Emergency Management, Division of
Mine and Industrial Accident Rapid Response System (170
CSR 1)
Hospital Finance Authority
Establishment of Fee Schedule and Costs Allocations
Applicable to Issuance of Bonds by the West Virginia
Hospital Finance Authority (116 CSR 1)
Human Services, Division of
Day Care Centers' Licensing (78 CSR 1)
Human Services, Division of
Child-Placing Agencies' Licensure (78 CSR 2)
Human Services, Division of
Minimum Licensing Requirements for Group Residential
Facilities in West Virginia (78 CSR 3)
Human Services, Division of
Family Child Care Facility Licensing Requirements (78 CSR
18)
Human Services, Division of
Family Child Care Home Registration Requirements (78 CSR
19)
Human Services, Division of
Informal and Relative Family Child Care Home Registration
Requirements (78 CSR 20)
Insurance Commissioner
Rate-Filing Requirements for Title Insurance Companies
(114 CSR 77)
Insurance Commissioner
Individual Limited Health Benefits Plans (114 CSR 78)
Insurance Commissioner
Group Limited Health Benefits Plans (114 CSR 79)
Landscape Architects, Board of
Registration of Landscape Architects (9 CSR 1)
Landscape Architects, Board of
Continuing Education (9 CSR 2)
Library Commission
Library Commission Administrative Regulations (173 CSR 1)
Massage Therapy Licensure Board
General Provisions (194 CSR 1)
Medicine, Board of
Licensing and Disciplinary Procedures: Physicians;
Podiatrists (11 CSR 1A)
Miners' Health, Safety and Training, Office of
Rules and Regulations Governing the Standards for
Certification of Coal Mine Electricians (48 CSR 7)
Miners' Health, Safety and Training, Office of
Emergency Rules Governing Protective Clothing and
Equipment (56 CSR 4)
Motor Vehicles, Division of
Policies Pertaining to the Disclosure of Information from
the Files of the Division of Motor Vehicles (91 CSR 8)
Natural Resources, Division of
Deer Hunting Rule (58 CSR 50)
Natural Resources, Division of
Wildlife Disease Management (58 CSR 69)
Natural Resources, Division of
Public Use of Campgrounds and Recreation Areas in West
Virginia State Wildlife Management Areas Under the
Division of Natural Resources (58 CSR 70)
Personnel, Division of
Administrative Rule of the West Virginia Division of
Personnel (143 CSR 1)
Personnel, Division of
Interdepartmental Transfer of Permanent State Employees
(143 CSR 7)
Racing Commission
Thoroughbred Racing (178 CSR 1)
Regional Jail and Correctional Facility Authority
Criteria and Procedures for Determination of Projected
Cost Per Day for Inmates Incarcerated in Regional Jail
Operated by the Authority (94 CSR 7)
Registered Professional Nurses, Board of Examiners for
Policies and Criteria for the Evaluation and
Accreditation of Colleges, Departments or Schools of
Nursing (19 CSR 1)
Registered Professional Nurses, Board of Examiners for
Requirements for Registration and Licensure (19 CSR 3)
Registered Professional Nurses, Board of Examiners for
Continuing Education (19 CSR 11)
Registered Professional Nurses, Board of Examiners for
Dialysis Technicians (19 CSR 13)
Risk and Insurance Management, Board of
Mine Subsidence Insurance (115 CSR 1)
Secretary of State
Procedures for Canvassing Elections (153 CSR 18)
Secretary of State
Procedures for Recount of Election Results (153 CSR 20)
Secretary of State
Absentee Voting by Military Voters who are Members of
Reserve Units Called to Active Duty (153 CSR 23)
Secretary of State
Procedures for Handling Ballots and Counting Write-In
Votes in Counties Using Optical Scan Ballots (153 CSR 27)
Secretary of State
Uniform Commercial Code (153 CSR 35)
State Police
West Virginia DNA Data Bank (81 CSR 9)
Tax Department, State
Abusive Tax Shelters (110 CSR 10J)
Tax Department, State
Consumers Sales and Service Tax and Use Tax - Reduced
Sales Tax on Food (110 CSR 15H)
Treasurer's Office, State
Providing Services to Political Subdivisions (112 CSR 13)
Veterinary Medicine, Board of
Registration of Veterinary Technicians (26 CSR 3)
The Committee submits the following legislative rules which
were modified by the agencies in accordance with the provisions of
West Virginia Code §29A-3-14, and which were approved by the
Committee with the modifications and with the recommendation that
the rules be authorized for adoption by the agencies with
amendments:
DEP-Water and Waste Management, Division of
Standards for Beneficial Use of Filtrate from Water
Treatment Plants (33 CSR 9)
The amendment removes Appendix A which establishes frequency
of monitoring requirements for filtrate being land applied. The
amendment simply states that the filtrate shall be monitored once
a year or every time a processing procedure is changed.
The amendment significantly reduces monitoring cost requirements, as the original rule proposal required large land
applications of greater than 15,000 dry tons of filtrate per year
to be monitored once a week, and smaller applications to be
monitored monthly or quarterly.
Pharmaceutical Cost Management Council
Pharmaceutical Advertising Expense Reporting (206 CSR 1)
The Committee found the time line for reporting did not give
those required to report adequate time to collect the required
information.
The amendment moved the first date for reporting from May 15,
2007, to July 1, 2007.
Respectfully submitted,
Joseph M. Minard,
Senate,
Virginia Mahan,
House of Delegates,
Cochairs.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 84, Allowing county boards of education enter
into lease-purchase agreement for land, buildings and equipment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 84 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §18-5-9c,
relating to allowing a county board of education to enter into a
lease-purchase agreement for land, buildings and equipment.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 84), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 194, Relating to appeal bonds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 194 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §
58-5-14
of the Code of West Virginia, 1931, as amended, relating to appeal
bonds; limiting bond amounts; consolidating multiple judgments for
bonding purposes; and providing exceptions to bonding limitations.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Prezioso, Stollings, Foster and White:
Senate Bill No. 219--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-9A-10, relating to prohibiting smoking of tobacco
products in a motor vehicle when an individual less than eighteen
years of age is present; setting forth legislative findings; and
providing penalties.
Referred to the Committee on Health and Human Resources.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 220--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to purchasing.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 221--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to the cannibalization of state property.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 222--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to the waste disposal of state property.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 223--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to the administration of state funds and
grants.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 224--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to animal disease control.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 225--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the West Virginia Plant Pest Act.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 226--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to noxious weeds.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 227--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the West Virginia Agricultural Liming
Materials Law.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 228--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Alcohol Beverage Control Commission to
promulgate a legislative rule relating to private club licensing.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 229--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Alcohol Beverage Control Commission to
promulgate a legislative rule relating to the licensing of retail
liquor stores.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 230--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Alcohol Beverage Control Commission to
promulgate a legislative rule relating to nonintoxicating beer
licensing and operations procedures.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 231--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Architects to promulgate a legislative
rule relating to the registration of architects.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 232--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Auditor to promulgate a legislative rule
relating to the transaction fee and rate structure.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 233--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Conservation Agency to promulgate a legislative
rule relating to the State Conservation Committee.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 234--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Deputy Sheriff
Retirement System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 235--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers' Defined
Contribution System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 236--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers Retirement
System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 237--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public Employees
Retirement System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 238--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to refund, reinstatement and
loan interest factors.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 239--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Corrections to promulgate a
legislative rule relating to parole supervision.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 240--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners in Counseling to promulgate
a legislative rule relating to licensing.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 241--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners in Counseling to promulgate
a legislative rule relating to license renewal and continuing
education requirements.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 242--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the standards of
performance for new stationary sources.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 243--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air
pollution from the combustion of solid waste.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 244--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air
pollution from hazardous waste treatment, storage and disposal
facilities.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 245--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 246--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of annual
nitrogen oxide emissions.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 247--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of ozone
season nitrogen oxide emissions.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 248--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of annual
sulfur dioxide emissions.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 249--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air
pollution from the combustion of refuse.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 250--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to ambient air quality
standards.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 251--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to explosives and blasting.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 252--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining
reclamation.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 253--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to coalbed methane wells.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 254--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to voluntary remediation and
redevelopment.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 255--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to antidegradation
implementation procedures.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Natural Resources; and then to the Committee on
the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 256--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the hazardous waste
management system.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 257--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Recycling Assistance
Grant Program.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 258--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards for the
beneficial use of filtrate from water treatment plants.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 259--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to requirements governing
water quality standards.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 260--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to WV/NPDES rules for coal
mining facilities.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 261--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to individual state
certification of activities requiring a federal permit.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 262--A Bill to amend chapter 64 of the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated article 11, relating to authorizing the Bureau of
Employment Programs to promulgate a legislative rule relating to prohibiting agencies from granting, issuing or renewing approval
documents with employing units in default with the bureau.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 263--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Fire Commission to promulgate a
legislative rule relating to the State Building Code.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 264--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Fire Commission to promulgate a
legislative rule relating to the certification and evaluation of
local fire departments.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 265--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 Forestry to promulgate a legislative
rule relating to ginseng.
Referred to the Committee on Finance; then to the Committee on
Natural Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 266--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Health Care Authority to promulgate a
legislative rule relating to health services offered by health
professionals.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 267--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Health Care Authority to promulgate a
legislative rule relating to certificates of need.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 268--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to recreational water
facilities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 269--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to public water systems.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 270--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to vital statistics.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 271--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to public water system
operators.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 272--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to emergency medical
services.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 273--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to nursing home licensure.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 274--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Highways to promulgate a legislative
rule relating to the transportation of hazardous wastes upon the
roads and highways.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 275--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Highways to promulgate a legislative
rule relating to waste tire remediation and environmental clean up.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 276--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Homeland Security and Emergency
Management to promulgate a legislative rule relating to the mine
and industrial accident rapid response system.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 277--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Hospital Finance Authority to promulgate a
legislative rule relating to the establishment of a fee schedule
and costs allocations applicable to the issuance of bonds by the
authority.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 278--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to day care centers' licensing.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 279--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to family child care facility licensing
requirements.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 280--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to family child care home registration
requirements.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 281--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to child-placing agencies' licensure.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 282--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to informal and relative family child
care home registration requirements.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 283--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to minimum licensing requirements for
group residential facilities in West Virginia.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 284--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to rate-filing requirements for title
insurance companies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 285--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to individual limited health benefits
plans.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 286--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a legislative rule relating to group limited health benefits plans.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 287--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Landscape Architects to promulgate a
legislative rule relating to the registration of landscape
architects.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 288--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Landscape Architects to promulgate a
legislative rule relating to continuing education.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 289--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Landscape Architects to promulgate a
legislative rule relating to fees.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 290--A Bill to amend and reenact article 4,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Library Commission to promulgate a legislative
rule relating to the Library Commission's administration.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 291--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Massage Therapy Licensure Board to promulgate a
legislative rule relating to general provisions.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 292--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Medicine to promulgate a legislative
rule relating to licensing and disciplinary procedures for
physicians and podiatrists.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 293--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 standards for
certification of coal mine electricians.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 294--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 protective clothing and
equipment.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 295--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 policies pertaining to the disclosure
of information from the files of the Division of Motor Vehicles.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 296--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; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 297--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 boating rules.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 298--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 deer hunting.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 299--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 wildlife disease management.
Referred to the Committee on Finance; then to the Committee on
Natural Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 300--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to the public use of campgrounds and
recreation areas in West Virginia 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 and Boley:
Senate Bill No. 301--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 Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 302--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a
legislative rule relating to administration of the division.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 303--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a legislative rule relating to workers' compensation temporary total
disability.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 304--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a
legislative rule relating to the interdepartmental transfer of
permanent state employees.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 305--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the West Virginia Pharmaceutical Cost Management
Council to promulgate a legislative rule relating to pharmaceutical
advertising expense reporting.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 306--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 and Boley:
Senate Bill No. 307--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Racing Commission to promulgate a legislative
rule relating to thoroughbred racing.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 308--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 Commission to promulgate a
legislative rule relating to requirements in licensing real estate
brokers, associate brokers and salespersons and the conduct of
brokerage businesses.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 309--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Regional Jail and Correctional Facility
Authority to promulgate a legislative rule relating to criteria and
procedures for the determination of the projected cost per day for
inmates incarcerated in regional jails and operated by the
authority.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 310--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to policies and
criteria for the evaluation and accreditation of colleges,
departments or schools of nursing.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 311--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to continuing
education.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 312--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to dialysis
technicians.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 313--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to requirements
for registration and licensure.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 314--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 case services.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 315--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 a resources manual.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 316--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Risk and Insurance Management to
promulgate a legislative rule relating to mine subsidence
insurance.
Referred to the Committee on Banking and Insurance; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 317--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 procedures for canvassing elections.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 318--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 procedures for the recount of election
results.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 319--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 absentee voting by military voters who are members
of reserve units called to active duty.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 320--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 procedures for handling ballots and counting
write-in votes in counties using optical scan ballots.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 321--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 Uniform Commercial Code.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 322--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 West Virginia DNA Data Bank.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 323--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 abusive tax shelters.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 324--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 consumers sales and service tax and use tax -
reduced sales tax on food.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 325--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Treasurer's Office to promulgate a legislative
rule relating to providing services to political subdivisions.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 326--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 the registration of veterinary
technicians.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 327--
A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to the repeal of certain administrative rules by the Department of
Environmental Protection; repealing a rule relating to ambient air
quality standards for carbon monoxide and ozone; repealing a rule
relating to ambient air quality standards for nitrogen dioxide;
repealing a rule relating to emission standards for hazardous air
pollutants pursuant to 40 CSR Part 61; and repealing a rule
relating to prevent and control emissions from hospital/medical
infectious waste incinerators.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger and Boley:
Senate Bill No. 328--A Bill to amend and reenact §5F-2-1 of
the Code of West Virginia, 1931, as amended, relating to rule-
making authority of certain boards; and providing that agency
secretary's signature is not needed for authority to file
legislative rules by boards receiving only administrative support
and liaison with the Office of the Governor.
Referred to the Committee on the Judiciary.
By Senators Bowman, Bailey, Helmick, Boley, Stollings, Unger
and Plymale:
Senate Bill No. 329--A Bill to amend and reenact §30-8-11 of
the Code of West Virginia, 1931, as amended, relating to
continuation of the Board of Optometry.
Referred to the Committee on Government Organization.
By Senators Bowman, Bailey, Helmick, Boley, Stollings, Unger and Plymale:
Senate Bill No. 330--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-10-20, relating to continuation of the Board of
Veterinary Medicine.
Referred to the Committee on Government Organization.
By Senator White:
Senate Bill No. 331--A Bill to amend and reenact §25-4-6 of
the Code of West Virginia, 1931, as amended, relating to assignment
of youthful offenders to the custody of the Division of
Corrections; providing that where an offender has completed the
treatment program and is returned to court for sentencing but
commits a crime between the time of release from the youthful
offender center and the sentencing hearing, the judge has the
discretion to impose the original sentence instead of releasing the
offender on probation.
Referred to the Committee on the Judiciary.
By Senators Unger, Stollings, Plymale, White and Jenkins:
Senate Bill No. 332--A Bill to amend and reenact §18B-10-7 of
the Code of West Virginia, 1931, as amended, relating to granting
tuition waivers to the children and spouses of National Guard and
active military duty personnel killed in the line of duty.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 333--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §22A-2-71b, relating to providing whistle-blower
protection to miners who complain to government authorities about
health or safety hazards existing at the nonunion mine sites where
they are employed.
Referred to the Committee on the Judiciary.
By Senators Edgell, Plymale and Kessler:
Senate Bill No. 334--A Bill to amend and reenact §18A-3-2a of
the Code of West Virginia, 1931, as amended, relating to persons
who do not qualify for professional certificates who are issued
certificates to serve in the public schools as athletic coaches or
other extracurricular activities' coaches; and removing certain
limitation on such service when certain conditions are met.
Referred to the Committee on Education.
By Senators Tomblin (Mr. President), Fanning, Chafin, Kessler,
McCabe, White and Jenkins:
Senate Bill No. 335--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-4c; and to amend and reenact §11-22-2 of said
code, all relating to the West Virginia Affordable Housing Trust
Fund generally; imposing a fee of twenty dollars on the transfer of
real property in addition to the excise tax imposed on property
transfers; imposing a fee of twenty dollars in addition to the
consumers sales and service tax on the sale of factory-built homes
by licensed dealers; dedicating the revenue from the additional
fees to the West Virginia Affordable Housing Trust Fund; and authorizing expenditures for administrative and operating expenses.
Referred to the Committee on Finance.
Senators Bailey, Tomblin (Mr. President), Bowman, Chafin,
Edgell, Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings,
Unger, Wells, White, Barnes, Caruth, Facemyer, Guills, Sypolt, Hall
and Boley offered the following resolution:
Senate Concurrent Resolution No. 24--Requesting the Division
of Tourism commission an online survey and/or poll of state
residents to determine the preference of West Virginians for the
slogan appearing on highway signs over our state borders.
Whereas, In 2006, new official signs were erected on highway
borders across our great state with the message: "Welcome to West
Virginia: Open for Business"; and
Whereas, The message was designed to reinforce the progressive
changes taking place in West Virginia, to symbolize that the State
of West Virginia is currently altering the management of government
affairs and to remind those crossing our borders that West
Virginia's location and proximity to 60 percent of the population
of the United States is conducive to conduct business, enjoy a
vacation and raise a family; and
Whereas, Prior to 1990, many of the highway signs contained
the slogan "West Virginia - Wild and Wonderful"; and
Whereas, Some West Virginians have debated whether the current
welcoming message should be replaced with the prior slogan "West
Virginia - Wild and Wonderful"; and
Whereas, Providing a forum for public input on this issue
would afford West Virginians an opportunity to voice their
preference on the slogan; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Tourism
to commission an online survey and/or poll of state residents to
determine the preference of West Virginians for the slogan
appearing on highway signs over our state borders; and, be it
Further Resolved, That the Division of Tourism report to the
Governor on its findings, conclusions and recommendations no later
than December 31, 2008; and, be it
Further Resolved, That the expenses necessary to conduct this
study and to prepare a report be paid from legislative
appropriations to the Division of Tourism; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Division of
Tourism.
Which, under the rules, lies over one day.
Senators Fanning and Chafin offered the following resolution:
Senate Concurrent Resolution No. 25--Requesting the Division
of Highways name the bridge on U. S. Route 52 that spans Elkhorn
Creek in Landgraff, McDowell County, the "Luke Simplicio Memorial
Bridge".
Whereas, Luke Simplicio was born December 31, 1944, in
McDowell County; and
Whereas, Luke Simplicio was a veteran of the United States Air Force from 1962 to 1966, including serving one year in Korea; and
Whereas, Luke Simplicio began his career with the Division of
Highways in McDowell County in 1987; and
Whereas, Sadly, Luke Simplicio died May 16, 2006, from
injuries sustained in a work-related accident while working as a
crew leader near the bridge on U. S. Route 52 that spans Elkhorn
Creek; and
Whereas, It is fitting that the bridge on U. S. Route 52 in
Landgraff, McDowell County, be named the "Luke Simplicio Memorial
Bridge" as a tribute to his public service; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge on U. S. Route 52 that spans Elkhorn Creek in
Landgraff, McDowell County, the "Luke Simplicio Memorial Bridge";
and, be it
Further Resolved, That the Division Highways is requested to
have made and be placed signs identifying the bridge as the "Luke
Simplicio Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of the late Luke
Simplicio.
Which, under the rules, lies over one day.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 336 (originating in the Committee on
Education)--A Bill
to repeal §18B-5-8 of the Code of West Virginia,
1931, as amended; to amend and reenact §18B-1B-3 of said code; to
amend and reenact §18B-2A-1 of said code; to amend and reenact
§18B-2B-3 and §18B-2B-5 of said code; to amend and reenact §18B-9-4
of said code; to amend and reenact §18C-3-1 of said code; and to
amend and reenact §18C-7-6 of said code, all relating to higher
education generally; Higher Education Policy Commission; West
Virginia Council for Community and Technical College Education;
institutional boards of governors; providing for election of
officers; terms of office; meetings; criteria for setting
chancellor's salary; authorizing salary increases for certain
classified employees under certain circumstances; increasing
portion of a medical student loan that may be cancelled under
certain circumstances; clarifying authority to promulgate rules
governing operation of PROMISE scholarship; and deleting obsolete
language.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Hunter presented a petition from the West Virginia
Veterans Coalition, requesting the Legislature expedite the
completion of the veterans' nursing home in Clarksburg.
Referred to the Committee on Military.
Senator Minard presented a petition from Becky L. Shock and
numerous Braxton County residents, requesting legislative support
for the West Virginia Library Association's 2007 goals, including
a grants-in-aid funding increase.
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Resolution No. 8, Requesting banking industry extend
financial consideration to active duty military personnel.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Banking and
Insurance.
The Senate proceeded to the ninth order of business.
Senate Bill No. 59, Relating to basic universal design
features for certain dwellings.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk and adopted:
On pages five and six, section three-a, by striking out the section caption and substituting therefor a new section caption, to
read as follows:
§5-11A-3a. Volunteer services or materials to build or install
basic universal design features; workers, contractors,
engineers, architects; immunity from civil liability.
The bill (S. B. No. 59), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 148, Providing breast feeding
not considered public indecency.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 205, Clarifying violations of protective
orders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 171, Continuing Board of Accountancy.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 172, Continuing Board of Respiratory Care
Practitioners.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 217, Extending time for Piedmont city council
to meet as levying body.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Barnes and Kessler.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, January 29, 2007, at 11 a.m.
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