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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.
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