sdj-07th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
SEVENTH DAY
____________
Charleston, W. Va., Tuesday, January 18, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Scott Thayer, Chaplain,
Bethany College, Bethany, West Virginia.
Pending the reading of the Journal of Monday, January 17,
2011,
On motion of Senator Nohe, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the fourth order of business.
Senator Palumbo, 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. 35, Increasing nonfamily adoption tax credit.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2001, Providing that inmates serving life
sentences shall be considered for parole only once every three
years.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. H. B. No. 2001) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--32.
The nays were: None.
Absent: Beach and Tomblin (Mr. President)--2.
The bill (Eng. H. B. No. 2001) was then read a second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-13. Powers and duties of board; eligibility for parole;
procedure for granting parole.
(a) The board of parole, whenever it is of the opinion that
the best interests of the state and of the inmate will be served,
and subject to the limitations hereinafter provided, shall release
any inmate on parole for terms and upon conditions as are provided
by this article.
(b) Any inmate of a state correctional center is eligible for parole if he or she:
(1) (A) Has served the minimum term of his or her
indeterminate sentence or has served one fourth of his or her
definite term sentence, as the case may be; or
(B) He or she:
(i) Has applied for and been accepted by the Commissioner of
Corrections into an accelerated parole program;
(ii) Does not have a prior criminal conviction for a felony
crime of violence against the person, a felony offense involving
the use of a firearm, or a felony offense where the victim was a
minor child;
(iii) Has no record of institutional disciplinary rule
violations for a period of one hundred twenty days prior to parole
consideration unless the requirement is waived by the commissioner;
(iv) Is not serving a sentence for a crime of violence against
the person, or more than one felony for a controlled substance
offense for which the inmate is serving a consecutive sentence, a
felony offense involving the use of a firearm, or a felony offence
where the victim was a minor child; and
(v) Has successfully completed a rehabilitation treatment
program created with the assistance of a standardized risk and
needs assessment.
(I) As used in this
paragraph section "felony crime of
violence against the person" means felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of
this code;
and
(II) As used in this
paragraph section "felony offense where
the victim was a minor child" means any felony crime of violence
against the person and any felony violation set forth in article
eight, eight-a, eight-c or eight-d of chapter sixty-one of this
code.
(C) Notwithstanding any provision of this code to the
contrary, any person who committed, or attempted to commit a felony
with the use, presentment or brandishing of a firearm, is not
eligible for parole prior to serving a minimum of three years of
his or her sentence or the maximum sentence imposed by the court,
whichever is less:
Provided, That any person who committed, or
attempted to commit, any violation of section twelve, article two,
chapter sixty-one of this code, with the use, presentment or
brandishing of a firearm, is not eligible for parole prior to
serving a minimum of five years of his or her sentence or one third
of his or her definite term sentence, whichever is greater.
Nothing in this
section paragraph applies to an accessory before
the fact or a principal in the second degree who has been convicted
as if he or she were a principal in the first degree if, in the
commission of or in the attempted commission of the felony, only
the principal in the first degree used, presented or brandished a firearm. A person is not ineligible for parole under the
provisions of this
subdivision paragraph because of the commission
or attempted commission of a felony with the use, presentment or
brandishing of a firearm unless that fact is clearly stated and
included in the indictment or presentment by which the person was
charged and was either: (i) Found by the court at the time of
trial upon a plea of guilty or nolo contendere; or (ii) found by
the jury, upon submitting to the jury a special interrogatory for
such purpose if the matter was tried before a jury; (iii) found by
the court, if the matter was tried by the court without a jury.
For the purpose of this section, the term "firearm" means any
instrument which will, or is designed to, or may readily be
converted to, expel a projectile by the action of an explosive,
gunpowder or any other similar means.
(D) The amendments to this subsection adopted in the year
1981:
(i) Apply to all applicable offenses occurring on or after
August 1 of that year;
(ii) Apply with respect to the contents of any indictment or
presentment returned on or after August 1 of that year irrespective
of when the offense occurred;
(iii) Apply with respect to the submission of a special
interrogatory to the jury and the finding to be made thereon in any
case submitted to the jury on or after August 1 of that year or to the requisite findings of the court upon a plea of guilty or in any
case tried without a jury:
Provided, That the state gives notice
in writing of its intent to seek such finding by the jury or court,
as the case may be, which notice shall state with particularity the
grounds upon which the finding will be sought as fully as such
grounds are otherwise required to be stated in an indictment,
unless the grounds therefor are alleged in the indictment or
presentment upon which the matter is being tried; and
(iv) Does not apply with respect to cases not affected by the
amendments and in such cases the prior provisions of this section
apply and are construed without reference to the amendments.
(1) Insofar as the amendments relate to mandatory sentences
restricting the eligibility for parole, all matters requiring a
mandatory sentence shall be proved beyond a reasonable doubt in all
cases tried by the jury or the court;
(2) Is not in punitive segregation or administrative
segregation as a result of disciplinary action;
(3) Has maintained a record of good conduct in prison for a
period of at least three months immediately preceding the date of
his or her release on parole;
(4) Has prepared and submitted to the board a written parole
release plan setting forth proposed plans for his or her place of
residence, employment and, if appropriate, his or her plans
regarding education and post-release counseling and treatment. The Commissioner of Corrections or his or her designee shall review the
plan to be reviewed and investigated and provide recommendations to
the board as to the suitability of the plan:
Provided, That in
cases in which there is a mandatory thirty-day notification period
required prior to the release of the inmate, pursuant to section
twenty-three of this article, the board may conduct an initial
interview and deny parole without requiring the development of a
plan. In the event the board does not believe parole should be
denied, it may defer a final decision pending completion of an
investigation and receipt of recommendations. Upon receipt of the
plan together with the investigation and recommendation, the board,
through a panel, shall make a final decision regarding the granting
or denial of parole; and
(5) Has satisfied the board that if released on parole he or
she will not constitute a danger to the community.
(c) Except in the case of a person serving a life sentence, no
person who has been previously twice convicted of a felony may be
released on parole until he or she has served the minimum term
provided by law for the crime for which he or she was convicted.
A person sentenced for life may not be paroled until he or she has
served ten years, and a person sentenced for life who has been
previously twice convicted of a felony may not be paroled until he
or she has served fifteen years:
Provided, That a person convicted
of first degree murder for an offense committed on or after June 10, 1994, is not eligible for parole until he or she has served
fifteen years.
(d) In the case of a person sentenced to any state
correctional center, it is the duty of the board, as soon as a
person becomes eligible, to consider the advisability of his or her
release on parole.
(e) If, upon consideration, parole is denied, the board shall
promptly notify the inmate of the denial. The board shall, at the
time of denial, notify the
person inmate of the month and year he
or she may apply for reconsideration and review. The board shall
at least once a year reconsider and review the case of every inmate
who was denied parole and is still eligible
: Provided, That the
board may reconsider and review parole eligibility anytime within
three years following the denial of parole of an inmate serving a
life sentence with the possibility of parole: Provided, however,
That any person convicted prior to July 10, 1997, or from January
1, 2011, to the effective date of the amendment to this section
enacted by the Legislature during the 2011 regular session, of any
offense for which he or she received a life sentence with the
possibility of parole shall be entitled to an annual review and
reconsideration after an initial denial of parole unless the board
makes a case-specific individualized determination with written
findings as to why there will be no detriment or disadvantage to
the person if reconsideration for parole is extended: Provided further, That under no circumstances shall such extension be more
than three years: And provided further, That any inmate receiving
a review period of more than one year shall be afforded the
opportunity to submit information for the board's consideration
requesting review before the expiration of the extended period.
(f) Any person serving a sentence on a felony conviction who
becomes eligible for parole consideration prior to being
transferred to a state correctional center may make written
application for parole. The terms and conditions for parole
consideration established by this article apply to such inmates.
(g) The board shall, with the approval of the Governor, adopt
rules governing the procedure in the granting of parole. No
provision of this article and none of the rules adopted hereunder
are intended or may be construed to contravene, limit or otherwise
interfere with or affect the authority of the Governor to grant
pardons and reprieves, commute sentences, remit fines or otherwise
exercise his or her constitutional powers of executive clemency.
(h) The Division of Corrections shall promulgate policies and
procedures for developing a rehabilitation treatment plan created
with the assistance of a standardized risk and needs assessment.
The policies and procedures shall include, but not be limited to,
policy and procedures for screening and selecting inmates for
rehabilitation treatment and development and use of standardized
risk and needs assessment tools. An inmate shall not be paroled solely due to having successfully completed a rehabilitation
treatment plan but completion of all the requirements of a
rehabilitation parole plan along with compliance with the
requirements of subsection (b) of this section shall create a
rebuttable presumption that parole is appropriate. The presumption
created by this subsection may be rebutted by a Parole Board
finding that at the time parole release is sought the inmate still
constitutes a reasonable risk to the safety or property of other
persons if released. Nothing in subsection (b) of this section or
in this subsection may be construed to create a right to parole.
(i) Notwithstanding the provisions of subsection (b) of this
section, the Parole Board may, in its discretion, grant or deny
parole to an inmate against whom a detainer is lodged by a
jurisdiction other than West Virginia for service of a sentence of
incarceration, upon a written request for parole from the inmate.
A denial of parole under this subsection shall preclude
consideration for a period of one year or until the provisions of
subsection (b) of this section are applicable.
(j) Where an inmate is otherwise eligible for parole pursuant
to subsection (b) of this section but the Parole Board determines
that the inmate should participate in an additional program or
complete an assigned task or tasks prior to actual release on
parole, the board may grant parole contingently, effective upon
successful completion of the program or assigned task or tasks, without the need for a further hearing. The Commissioner of
Corrections shall provide notice to the Parole Board of the
imminent release of a contingently paroled inmate to effectuate
appropriate supervision.
(k) The Division of Corrections is charged with the duty of
supervising all probationers and parolees whose supervision may
have been undertaken by this state by reason of any interstate
compact entered into pursuant to the uniform act for out-of-state
parolee supervision.
(l) (1) When considering an inmate of a state correctional
center for release on parole, the Parole Board panel considering
the parole is to have before it an authentic copy of or report on
the inmate's current criminal record as provided through the West
Virginia State Police, the United States Department of Justice or
other reliable criminal information sources and written reports of
the warden or superintendent of the state correctional center to
which the inmate is sentenced:
(A) On the inmate's conduct record while in custody, including
a detailed statement showing any and all infractions of
disciplinary rules by the inmate and the nature and extent of
discipline administered therefor;
(B) On improvement or other changes noted in the inmate's
mental and moral condition while in custody, including a statement
expressive of the inmate's current attitude toward society in general, toward the judge who sentenced him or her, toward the
prosecuting attorney who prosecuted him or her, toward the
policeman or other officer who arrested the inmate and toward the
crime for which he or she is under sentence and his or her previous
criminal record;
(C) On the inmate's industrial record while in custody which
shall include: The nature of his or her work, occupation or
education, the average number of hours per day he or she has been
employed or in class while in custody and a recommendation as to
the nature and kinds of employment which he or she is best fitted
to perform and in which the inmate is most likely to succeed when
he or she leaves prison;
(D) On physical, mental and psychiatric examinations of the
inmate conducted, insofar as practicable, within the two months
next preceding parole consideration by the board.
(2) The board panel considering the parole may waive the
requirement of any report when not available or not applicable as
to any inmate considered for parole but, in every such case, shall
enter in the record thereof its reason for the waiver:
Provided,
That in the case of an inmate who is incarcerated because the
inmate has been found guilty of, or has pleaded guilty to a felony
under the provisions of section twelve, article eight, chapter
sixty-one of this code or under the provisions of article eight-b
or eight-c of said chapter, the board panel may not waive the report required by this subsection and the report is to include a
study and diagnosis including an on-going treatment plan requiring
active participation in sexual abuse counseling at an approved
mental health facility or through some other approved program:
Provided, however, That nothing disclosed by the person during the
study or diagnosis may be made available to any law-enforcement
agency, or other party without that person's consent, or admissible
in any court of this state, unless the information disclosed
indicates the intention or plans of the parolee to do harm to any
person, animal, institution or to property. Progress reports of
outpatient treatment are to be made at least every six months to
the parole officer supervising the person. In addition, in such
cases, the Parole Board shall inform the prosecuting attorney of
the county in which the person was convicted of the parole hearing
and shall request that the prosecuting attorney inform the Parole
Board of the circumstances surrounding a conviction or plea of
guilty, plea bargaining and other background information that might
be useful in its deliberations.
(m) Before releasing any inmate on parole, the board of parole
shall arrange for the inmate to appear in person before a Parole
Board panel and the panel may examine and interrogate him or her on
any matters pertaining to his or her parole, including reports
before the board made pursuant to the provisions hereof:
Provided,
That an inmate may appear by video teleconference if the members of the panel conducting the examination are able to contemporaneously
see the inmate and hear all of his or her remarks and if the inmate
is able to contemporaneously see each of the members of the panel
conducting the examination and hear all of the members' remarks.
The panel shall reach its own written conclusions as to the
desirability of releasing the inmate on parole and the majority of
the panel considering the release shall concur in the decision.
The warden or superintendent shall furnish all necessary assistance
and cooperate to the fullest extent with the Parole Board. All
information, records and reports received by the board are to be
kept on permanent file.
(n) The board and its designated agents are at all times to
have access to inmates imprisoned in any state correctional center
or in any jail in this state and may obtain any information or aid
necessary to the performance of its duties from other departments
and agencies of the state or from any political subdivision
thereof.
(o) The board shall, if so requested by the Governor,
investigate and consider all applications for pardon, reprieve or
commutation and shall make recommendation thereon to the Governor.
(p) Prior to making a recommendation for pardon, reprieve or
commutation and prior to releasing any inmate on parole, the board
shall notify the sentencing judge and prosecuting attorney at least
ten days before the recommendation or parole.
(q) Any person released on parole shall participate as a
condition of parole in the litter control program of the county to
the extent directed by the board, unless the board specifically
finds that this alternative service would be inappropriate.
(r) Except for the amendments to this section contained in
subdivision (4), subsection (b) and subsection (i) of this section
the amendments to this section enacted during the 2010 regular
session of the Legislature shall become effective on January 1,
2011.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 2001) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--32.
The nays were: None.
Absent: Beach and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2001) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2001--A Bill to amend and reenact §62-12-
13 of the Code of West Virginia 1931, as amended, relating to
powers and duties of the Board of Parole generally; providing that
Board of Parole may reconsider and review parole eligibility
anytime within three years following the denial of parole of an
inmate serving a life sentence with the possibility of parole;
creating exceptions for certain inmates; and establishing mandatory
criteria for the board when extending period between parole
reconsideration and review for inmates convicted at a time when
annual review was required.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Beach and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2001) 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 sixth order of business.
On motions for leave, severally made, the following bills and
joint resolutions were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 102--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 apiaries.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 103--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 inspection of meat and poultry.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 104--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 general groundwater protection rules
for fertilizers and manures.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 105--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 Barbers and Cosmetologists to
promulgate a legislative rule relating to the procedures, criteria
and curricula for examinations and licensure of barbers,
cosmetologists, manicurists and aestheticians.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 106--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 Barbers and Cosmetologists to
promulgate a legislative rule relating to the qualifications,
training and examination of licensure of instructors.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 107--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 Barbers and Cosmetologists to
promulgate a legislative rule relating to the operational standards
for schools of barbering and beauty culture.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 108--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 Barbers and Cosmetologists 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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 109--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to general provisions.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 110--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 Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 111--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 Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 112--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,
retroactive service, loan and employer error interest factors.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 113--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the West Virginia State
Police.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 114--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, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 115--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 116--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste
management systems.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 117--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 permits for construction
and major modification of major stationary sources of air pollution which cause or contribute to nonattainment.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 118--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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 119--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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 120--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 monitoring well design
standards.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 121--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
groundwater standards.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 122--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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 123--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to forms.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 124--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Governor's Committee on Crime, Delinquency and
Correction to promulgate a legislative rule relating to law-
enforcement training standards.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 125--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Governor's Committee on Crime, Delinquency and
Correction to promulgate a legislative rule relating to the protocol for law-enforcement response to domestic violence.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 126--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 the requirements for
licensure of nonprofit corporations for conservator service.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 127--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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 128--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 specialized multipatient
medical transport.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 129--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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 130--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 food manufacturing
facilities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 131--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 fire department rapid
response services licensure.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 132--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 the cancer registry.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 133--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 maternal risk screening.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 134--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Highways to promulgate a
legislative rule relating to the Community Empowerment
Transportation Act Program.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 135--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Highways to promulgate a
legislative rule relating to the use of state road rights-of-way
and adjacent areas.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 136--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner 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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 137--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 suitability in annuity transactions.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 138--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 insurance adjusters.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 139--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 long-term care insurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 140--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 actuarial opinion and memorandum.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 141--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 property and casualty actuarial
opinions.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 142--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit life insurance, credit accident
and sickness insurance and credit unemployment insurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 143--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to credit personal property.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 144--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to self-insurance pools for political
subdivisions.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 145--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the valuation of life insurance
companies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 146--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the recognition of preferred mortality
tables for use in determining minimum reserve liabilities.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 147--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 professional employer organizations.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 148--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the health maintenance organization
point-of-service option.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 149--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 Elevator Safety Act.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 150--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to the supervision of elevator mechanics and apprentices.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 151--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to the Crane Operator Certification Act.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 152--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to the Crane Operator Certification Act - practical examination.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 153--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 Motor Vehicle Inspection Manual.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 154--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to special motorboating regulations.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 155--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 prohibitions when hunting and
trapping.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 156--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 general hunting.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 157--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 rules of the board.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 158--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 continuing education.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 159--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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 160--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 an examination and scoring policy.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 161--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 licensure by endorsement.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 162--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 contact lenses that contain and deliver
pharmaceutical agents' certificates.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 163--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, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 164--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 fees for services rendered by the board.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 165--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 licensure and the practice of pharmacy.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 166--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 controlled substances monitoring.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 167--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 Physical Therapy to promulgate a
legislative rule relating to general provisions.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 168--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 Physical Therapy to promulgate a
legislative rule relating to fees for physical therapists and
physical therapist assistants.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 169--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 Physical Therapy to promulgate a
legislative rule relating to general provisions for athletic
trainers.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 170--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 Physical Therapy to promulgate a
legislative rule relating to fees for athletic trainers.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 171--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 Sanitarians to promulgate a legislative
rule relating to an interim fee schedule.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 172--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 Sanitarians to promulgate a legislative
rule relating to the practice of public health sanitation.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 173--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 Combined Voter Registration and Driver
Licensing Fund.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 174--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Transportation to promulgate a
legislative rule relating to the valuation of used rolling stock and equipment.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 175--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Tax Department to promulgate a legislative
rule relating to the commercial patent incentives tax credit.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 176--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Tax Department to promulgate a legislative
rule relating to an exchange of information agreement between the
State Tax Department and the West Virginia Lottery.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 177--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative
rule relating to an exchange of information agreement between the
State Tax Department and the Office of the State Fire Marshal.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 178--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 organization and operation and
licensing of veterinarians.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 179--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, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 180--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 standards of practice.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 181--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 Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 182--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 Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 183--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing Workforce West Virginia to promulgate a legislative
rule relating to the employer violator system.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Wells, D. Facemire, Williams, Yost, Sypolt,
Jenkins, Unger, Plymale, Hall, Laird, Minard and Klempa:
Senate Bill No. 184--A Bill to amend and reenact §30-6-22 of
the Code of West Virginia, 1931, as amended, relating to
disposition of the remains of a deceased military service member
who dies while serving in the United States armed forces.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Wells, Williams, Yost, Sypolt, Unger, Plymale,
Hall, Laird, Minard and Klempa:
Senate Bill No. 185--A Bill to amend and reenact §21A-6-3 of
the Code of West Virginia, 1931, as amended, relating to
unemployment benefits for certain spouses of military personnel;
providing that an individual who has voluntarily quit employment to
accompany a spouse serving in active military service who has been
reassigned from one military assignment to another shall not be disqualified for benefits; and providing that the account of the
employer of the individual who leaves employment to accompany a
spouse reassigned from one military assignment to another shall not
be charged.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Foster, Kessler (Acting President), Chafin, Hall,
Jenkins, Laird, Minard, Palumbo, Snyder, Williams, Edgell, Wells,
Unger, Browning, Plymale, Miller, Nohe and Klempa:
Senate Bill No. 186--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §62-1G-1 and §62-1G-2, all relating to subpoena powers
for aid of criminal investigations; legislative declaration of
necessity; information to be disclosed in response to subpoena;
content of subpoena; authorization of fee for information provided
in response to subpoena; nondisclosure of subpoena to account
holder; and immunity.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 187--A Bill to amend and reenact §22A-2-66 of
the Code of West Virginia, 1931, as amended, relating to providing
the Director of the Office of Miners' Health, Safety and Training
some discretion in determining the penalty to impose upon operators
failing to provide immediate notice upon the occurrence of a mining accident; and increasing allowable reporting time.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Sypolt and Hall:
Senate Bill No. 188--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A-6B-5, all
relating to the West Virginia Geographical Information System.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Wells, D. Facemire, Williams, Yost, Sypolt,
Jenkins, Unger, Foster, Hall, Laird and Klempa:
Senate Bill No. 189--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-10F-1, §18-10F-2 and §18-10F-3, all relating to the
enactment of the Interstate Compact on Educational Opportunity for
Military Children; establishing the West Virginia Council for
Educational Opportunities for Military Children; membership; and
powers and duties.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on Finance.
By Senators Jenkins, Snyder, Browning, Palumbo, Sypolt, Wells,
Plymale, Minard and Klempa:
Senate Bill No. 190--A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to the
criminal offenses of robbery and attempted robbery; making it a
crime to rob or attempt to rob a person under the pretense of
having a deadly weapon; and increasing certain criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Klempa, Hall, Williams, Boley, Tucker,
Nohe and Yost:
Senate Bill No. 191--A Bill to amend and reenact §62-3-3 of
the Code of West Virginia, 1931, as amended, relating to changing
the number of strikes in jury selection in felony cases to provide
four strikes each to the accused and the prosecution.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Kessler (Acting President), Barnes,
Browning, Palumbo, Stollings, Williams, Yost, Unger, Foster,
Plymale, Minard and Klempa:
Senate Bill No. 192--A Bill to amend and reenact §46A-6J-2,
§46A-6J-3 and §46A-6J-6 of the Code of West Virginia, 1931, as
amended, all relating to protection of consumers from price gouging
and unfair pricing practices; the sale of gasoline or other motor
fuels during a "state of emergency"; amending definition of "state
of emergency"; creating an alternative pricing formula for fuel
suppliers; and updating the preemption provisions.
Referred to the Committee on the Judiciary.
By Senators Foster, Kessler (Acting President), Chafin, Hall, Jenkins, Laird, Minard, Palumbo, Snyder, Williams, Unger and
Plymale:
Senate Bill No. 193--A Bill to amend and reenact §30-29-1,
§30-29-2, §30-29-3 and §30-29-5 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §30-29-11, all relating to law-enforcement certification
generally; expanding the responsibilities of the law-enforcement
training subcommittee and renaming it the law-enforcement
professional standards subcommittee; clarifying the authority to
decertify law-enforcement officers; establishing a database of law-
enforcement officers disciplined for certain types of misconduct;
requesting the proposal of legislative rules to set standards for
law-enforcement agencies to report certain types of misconduct by
officers to the database; and requiring that law-enforcement
agencies check the database prior to hiring an officer.
Referred to the Committee on the Judiciary.
By Senators Foster, Kessler (Acting President), Chafin, Hall,
Jenkins, Laird, Minard, Palumbo, Snyder, Williams, Wells, Unger,
Browning, Plymale and Miller:
Senate Bill No. 194--A Bill to amend and reenact §15-2B-3 and
§15-2B-5 of the Code of West Virginia, 1931, as amended, all
relating to authorizing the West Virginia State Police to only use
the services of the state-designated laboratory at the Marshall
University Forensic Science Center for DNA typing, testing and research in support of the national DNA database, CODIS and for
forensic DNA testing.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Jenkins, Kessler (Acting President), Barnes,
Browning, Palumbo, Stollings, Williams and Plymale:
Senate Bill No. 195--A Bill to amend and reenact §50-1-4 of
the Code of West Virginia, 1931, as amended, relating to
requirements to serve as a magistrate; requiring a bachelor degree
or two years of experience to serve as a magistrate; authorizing
the Supreme Court Administrator to relieve magistrates from annual
training requirements; and deleting antiquated provisions.
Referred to the Committee on the Judiciary.
By Senators Foster, Kessler (Acting President), Chafin, Hall,
Laird, Minard, Palumbo, Snyder, Williams, Plymale, Klempa and
Jenkins:
Senate Bill No. 196--A Bill to amend and reenact §61-2-12 of
the Code of West Virginia, 1931, as amended, relating to the
criminal offenses of robbery and attempted robbery; making it a
crime to rob or attempt to rob a person under the pretense of
having a deadly weapon; and increasing certain criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Sypolt and Jenkins:
Senate Bill No. 197--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-39, relating to requiring the State Board of
Education to create a school drug safety program; specifying
minimum requirements for the program; and applying the drug safety
program only to employees hired after June 30, 2011.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Klempa, Unger, Jenkins, Fanning, Plymale and
Kessler (Acting President):
Senate Bill No. 198--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17A-2-10b, relating to requiring a study of the
feasibility of consolidation of government services and enforcement
of laws pertaining to the motor carrier industry; requiring the
Commissioner of the Division of Motor Vehicles to conduct the
study; authorizing the commissioner to retain an outside expert
consultant or consultants to advise and assist the commissioner in
conducting the study; exempting certain information received by the
commissioner from the West Virginia Freedom of Information Act;
establishing the misdemeanor offense of unauthorized disclosure of
trade secrets or proprietary business information obtained by the
commissioner in the course of conducting the study; and providing
for criminal penalties.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Sypolt:
Senate Joint Resolution No. 7--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one,
article VI thereof; amending section two, article XIV thereof; and
amending said Constitution by adding thereto a new article,
designated article XV, all relating to the legislative powers held
by the people of the state and the Legislature; power of the
registered voters and power of the Legislature to propose
amendments to this Constitution; reservation by and to the people
and registered voters of this state the powers of initiative,
referendum and recall at all levels of government in this state;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Sypolt and Minard:
Senate Joint Resolution No. 8--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Wells, D. Facemire, Williams, Yost, Sypolt, Edgell,
Jenkins, Unger, Browning, Kessler (Acting President), Plymale,
Laird and Klempa offered the following resolution:
Senate Concurrent Resolution No. 4--Requesting the Joint
Committee on Government and Finance to continue studying the needs,
challenges and issues facing West Virginia veterans returning from
recent service and those generations that have served before for
the purpose of making recommendations on how the State of West
Virginia can better assist them in getting the care and
opportunities they deserve.
Whereas, The State of West Virginia's Legislative Select
Committee on Veterans' Affairs continues to receive information
from veterans, local health care providers, social workers, and
educational services personnel identifying the current state of
affairs in post-deployment services available to veterans; and
Whereas, The information the committee has received
illustrates that many veterans were either dissatisfied with or
unable to receive the treatment options that are currently
available or that they may be eligible for; and
Whereas, During the 2010 interim period, the committee
received new and disturbing information regarding issues unique to
homeless and women veterans; and
Whereas, The committee met with Mrs. Deborah Mullen, wife of
the Chairman of the Joint Chiefs of Staff, Admiral Mike Mullen, and learned that more and more women veterans are taking refuge in
homeless shelters with their children than ever before; and
Whereas, Many women veterans do not consider themselves
veterans, nor do they feel they deserve the benefits offered to all
veterans per their service to their country; and
Whereas, The committee also learned that children of both
veterans and currently serving military service members suffer
unique emotional and logistical challenges that often go
undiagnosed and unnoticed; and
Whereas, The committee recommended the adoption of the
Interstate Compact on Educational Opportunity for Military Children
to help ease some of this burden to those affected children; and
Whereas, By recommendation of The Veterans Initiative Task
Force established in 2009 and this committee, the Legislature of
West Virginia passed legislation during the 2010 regular
legislative session calling on the state's institutions of higher
education to implement measures to assure that veterans attending
those institutions receive adequate services and are provided
adequate facilities to make these institutions "veteran friendly;"
and
Whereas, The Veterans Initiative Task Force continues to make
policy recommendations to the committee regarding ways to increase
the available services at the state's institutions of higher
education; and
Whereas, Generations of veterans from all services have called
West Virginia home as West Virginia has one of the highest numbers
of active duty and injured soldiers per capita in the nation; and
Whereas, It is important that all eligible veterans receive
the services, treatment, and care they so richly deserve for
volunteering their lives to the protection of this country and its
institutions; and
Whereas, The State of West Virginia should remain committed to
showing its gratitude of these service men and women by continuing
its endeavor of developing and enhancing services directed at
providing eligible veterans with healthcare services and education
opportunities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to continue studying the needs, challenges and issues
facing West Virginia veterans returning from recent service and
those generations that have served before for the purpose of making
recommendations on how the State of West Virginia can better assist
them in getting the care and opportunities they deserve; and, be it
Further Resolved, that the Joint Committee on Government and
Finance report to the Legislature, on the first day of the regular
session, 2012, on its findings, conclusions and recommendations
together with drafts of any legislation to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Wells, D. Facemire, Williams, Yost, Sypolt, Unger,
Miller, Laird, Klempa and Edgell offered the following resolution:
Senate Concurrent Resolution No. 5--Requesting the Joint
Committee on Government and Finance study the recruitment,
distribution and potential barriers of the United States Department
of Defense's TRICARE healthcare system among private healthcare
practitioners in an effort to increase the overall acceptance of
the TRICARE healthcare system by the state's private medical
practitioners; and to also determine possible methods aimed at
avoiding coverage gaps during a transition of an individual to or
from a public or private healthcare system to the TRICARE
healthcare system.
Whereas, The TRICARE healthcare system is a program of the
United States Department of Defense's Military Health System
through the TRICARE Management Activity; and
Whereas, TRICARE provides healthcare benefits in private
civilian medical practices to military personnel, military
retirees, their dependents, and, in some instances of eligibility,
members of the reserve component of the United States Armed Forces; and
Whereas, Prior to World War II, health care for military
personnel was provided solely in military medical facilities on a
first-come-first-served basis; and
Whereas, Due to the influx of returning military personnel
after World War II, a great demand was placed on the military
medical facilities' resources and system; and
Whereas, This increased demand caused Congress to pass
legislation in 1956 and 1966 to allow the Secretary of Defense to
contract with civilian health care providers to cover the
healthcare costs of military personnel outside of the military
medical facilities; and
Whereas, This program became known as the Civilian Health and
Medical Program of the Uniformed Services in 1966 and functioned as
such until the mid-1990s when the system was discontinued in favor
of the newly created region based TRICARE healthcare system to
address the financial burdens and beneficiary dissatisfaction of
the previous program and to accommodate advancements in healthcare
administration; and
Whereas, TRICARE has since been restructured numerous times to
accommodate for various regional changes and to implement new
benefit package offerings; and
Whereas, TRICARE features six benefit package options
available for enrollment by eligible military personnel at various costs, if applicable, to the beneficiary; and
Whereas, As service members become participants of or leave
the TRICARE healthcare system, coverage gaps may occur leaving the
beneficiary or their dependents vulnerable to expensive healthcare
costs that may otherwise be covered by TRICARE or the separate
public or private healthcare system they may be leaving or joining;
and
Whereas, As TRICARE has few statewide participating private
medical practitioners who accept it as a means of payment, the
state may have policy and financial abilities to encourage these
practitioners to do so; and
Whereas, West Virginia has historically been home to more
United States Armed Forces service members per capita than any
other state in the nation; and
Whereas, The State of West Virginia should therefore remain
committed to showing its gratitude of these service members and
their families by continuing its endeavor of developing and
enhancing services directed at providing eligible service members
and veterans with healthcare services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study of the recruitment, distribution and
potential barriers of the United States Department of Defense's
TRICARE healthcare system among private healthcare practitioners in an effort to increase the overall acceptance of the TRICARE
healthcare system by the state's private medical practitioners; and
to also determine possible methods aimed at avoiding coverage gaps
during a transition of an individual to or from a public or private
healthcare system to the TRICARE healthcare system; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Legislature, on the first day of the regular
session, 2012 on its findings, conclusions and recommendations
together with drafts of any legislation to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Jenkins, Kessler (Acting President), Barnes,
Browning, Palumbo, Stollings, Williams, Yost, Unger, Plymale and
Klempa offered the following resolution:
Senate Concurrent Resolution No. 6--Urging the Governor to
include adequate funding in his fiscal year 2012 budget so as to
fully implement the West Virginia Occupational, Safety and Health
Act for public employees.
Whereas, The Legislature enacted Chapter 21, Article 3A of the
West Virginia Code, known and cited as the West Virginia Occupational Safety and Health Act (hereinafter referred to as "the
Act") in 1987, to be administered by the Division of Labor
(hereinafter referred to as "the Division"); and
Whereas, At the time of it's enactment, the Legislature
specifically made findings that: (1) The safety and health of
public employees in the workplace is of primary public concern; and
(2) That personal injuries and illnesses arising out of work
situations result not only in wage loss and increased medical
expenses for public employees, but also in decreased productivity
and increased workers' compensation expenses for public employers
(
See W.Va. Code § 21-3A-1a); and
Whereas, As a result of these findings, the Legislature
declares that it is the policy of this state to ensure that: (1)
All public employees be provided with safe and healthful work
environments free from recognized and avoidable hazards; (2) It is
the responsibility of the state to promulgate standards for the
protection of the health and safety of its public workforce; and
(3) It is in the public interest for public employers and public
employees to join in a cooperative effort to enforce these
standards; and
Whereas, The Act requires educational programs on occupational
safety and health issues to be provided to public employees;
awareness programs directed at state employees in managerial
positions; routine, unannounced inspections if public workplaces; and compilation of public employer statistics on occupational
injuries and illnesses; and
Whereas, In short, the Act requires the Division to be
proactive to ensure the health and safety of public employees; and
Whereas, Currently, the Division has limited its role in
administering the Act to responding to complaints rather than
monitoring compliance with occupational health and safety
standards; and
Whereas, While the investigation of complaints is an important
function, the current approach has the disadvantage of allowing
potentially unsafe or unhealthy work environments to go undetected
because of employees' reluctance to report violations because of a
concern that they may lose their jobs; and
Whereas, According to a 2002 Legislative audit and a 2010
supplemental audit, the Act has not ever been properly implemented
or enforced; and
Whereas, Specifically, the 2002 Legislative audit found that
the Division was not pro-actively inspecting public workplaces or
collecting public employer statistics, and had not established two
review panels required by law; and
Whereas, Despite the findings contained in the 2002 audit, a
supplemental audit in 2010 found that the Act was still not being
implemented in any meaningful fashion; and
Whereas, Since the passage of the Act in 1987, the state budget has failed to provide the Division the appropriate funding
to implement the provisions of the Act; and
Whereas, The Division has made repeated requests for funding
for the fiscal years 2003 through 2011 ranging from $467,074 to
$554,117. However, the requests have not been included in the
Governor's budget; and
Whereas, Implementation and enforcement of the Act may provide
access to federal matching funds for state implementation and
enforcement of the Act's standards for public employees; and
Whereas, The Legislature is committed to ensuring that all
employees of the state have a safe workplace, and implementation
and enforcement of the Act would further that priority; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the Governor to include
adequate funding in his fiscal year 2012 budget so as to fully
implement the West Virginia Occupational, Safety and Health Act for
public employees; and, be it
Further Resolved, That if the Governor fails to provide
adequate funding to fully implement the West Virginia Occupational,
Safety and Health Act in his fiscal year 2012 budget, the House and
Senate Finance Committees are urged to include funding to fully
implement the Act in the 2012 budget; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor.
Which, under the rules, lies over one day.
On motion of Senator Unger, leaves of absence for the day were
granted Senators Beach and Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Wednesday, January 19, 2011, at 11 am.
____________
Webmaster | © 2024 West Virginia Legislature **
