sdj-08th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
EIGHTH DAY
____________
Charleston, W. Va., Wednesday, January 18, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Thaddaeus B. Allen,
Regional Minister and President of the Christian Church (Disciples
of Christ) in West Virginia.
Pending the reading of the Journal of Tuesday, January 17,
2012,
On motion of Senator Williams, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Kessler (Mr. President) presented a communication from
the Legislative Rule-Making Review Committee, submitting its annual
report, in accordance with chapter twenty-nine-a, article three,
section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the fourth order of business.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 6, Relating to use of epinephrine in emergency
situations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 6 (originating in the Committee
on Health and Human Resources)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all
relating generally to the administration of epinephrine in
emergency situations; authorizing certain individuals to obtain a
prescription for epinephrine, purchase epinephrine and administer
epinephrine in emergency situations; development and approval of
certain training programs relating to the administration of
epinephrine in emergency situations; granting rule-making
authority; addressing applicability of article; and providing for
limitations on civil and criminal liability.
And,
Senate Bill No. 7, Relating to administration of Naloxone in
suspected drug overdoses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 7 (originating in the Committee
on Health and Human Resources)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-4C-24, relating generally to allowing State Police,
police, sheriffs and fire and emergency service personnel to
possess Naloxone to administer in suspected narcotic drug
overdoses; defining terms; providing for training; granting
immunity to health care providers who prescribe Naloxone related to
a training program; granting immunity to initial responders;
providing for data gathering and reporting; and authorizing
legislative or emergency rulemaking.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bills (Com. Sub. for S. B. Nos. 6 and 7), under the
original double committee references, were then referred to the
Committee on the Judiciary.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 12, Authorizing operation of low-speed
vehicles in municipalities.
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 the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 30, Providing additional means to notify DMV
of purchase of junked vehicle.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 106, Providing higher education employees'
eligibility for Legislature.
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 the Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 118, Terminating residential lease upon tenant
death.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 118 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §37-6-11
of the Code of West Virginia, 1931, as amended, relating to
termination of a residential lease upon the death of a tenant;
permitting termination of a residential lease in certain situations; requiring notice and payment of certain rent;
prohibiting waiver; and providing date for applicability of
provisions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 129, Relating to descriptions of easements and
rights-of-way.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 138, Extending discount for EZ Pass
transponders to all other toll roads.
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,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 171, Creating in-home direct care workforce
registry.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 171 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §16-5P-6 of the Code of West Virginia, 1931, as amended,
relating generally to the creation of an in-home direct care worker
registry; clarifying the duties of the Commissioner of the Bureau
of Senior Services as executive and administrative head of the
Bureau of Senior Services; requiring the Bureau of Senior Services
to develop and maintain an in-home direct care worker registry; and granting rule-making authority.
With the recommendation that the committee substitute do pass;
but with the further recommendation that it first be referred to
the Committee on Finance; and then, under the original double
committee reference, to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
On motion of Senator Stollings, the bill (Com. Sub. for S. B.
No. 171) contained in the foregoing report from the Committee on
Health and Human Resources was referred to the Committee on
Finance; and then, under the original double committee reference,
to the Committee on the Judiciary.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 175, Providing for issuance of special
volunteer medical license to active medical and osteopathic
physicians.
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 Government Organization.
Respectfully submitted,
Ron Stollings,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 1, Requesting DOH name bridge
in Mingo County "Brittany Nicole Dentro Memorial Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 2, Requesting DOH name bridge
in Monongalia County "Colonel Zackquill Morgan Memorial
Bridge-Founder of Morgantown".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 2 (originating in the Committee on Transportation and Infrastructure)--Requesting
the Division of Highways to name bridge number 31-43-2.48(4303) on
County Route 43 and crossing Morgan's Run Road in Monongalia
County, West Virginia, the "Colonel Zackquill Morgan Memorial
Bridge".
Whereas, Colonel Zackquill Morgan was a son of a Welsh-born
Colonel Morgan Morgan and mother, Catherine Garretson Morgan in
Berkeley County, Virginia now West Virginia in 1735. He served the
Virginia forces during the French and Indian War participating in
both the ill-fated Braddock's expedition and the more successful
expedition by General Forbes in 1758. He rendered valuable service
as leader of the rear guard during the Revolutionary War and
advance guard of the Republic, serving in the capacity as "County
Lieutenant" of Monongalia County with the title of Colonel during
the Revolutionary War. Colonel Zackquill Morgan commanded
approximately 600 Virginia Minute Men with General Gates during the
Battle of Saratoga in October 1777, having lost nearly half his men
in this battle; and
Whereas, Colonel Zackquill Morgan accompanied by his brother
David Morgan migrated to the region now known as Monongalia County,
having had land surveyed for him on April 29, 1778, to include 220
acres on Decker's Creek and the Monongahela River. In 1782, with
the extension of the Mason-Dixon line, Colonel Zackquill Morgan's
home and county seat became part of Pennsylvania and as such moved south to what was then called Morgan's Town, establishing the
county court in Colonel Morgan's home while a new courthouse was
under construction. In October 1785, by request of Colonel
Zackquill Morgan, the Virginia General Assembly specified that 50
acres of land be surveyed to establish half acre lots and a town
named Morgan's Town, Virginia, now known as Morgantown, West
Virginia to be established on this site. Colonel Zackquill Morgan
maintained and operated the town's first tavern in 1783 and lived
in a house on Front Street until his death on January 1, 1795,
several years after peace had been declared with England. He was
buried in a remote cemetery at Prickett's Fort, Marion County,
Virginia, the grave was marked by a simple sandstone slab with the
words "Z. M. Morgan, Jan. 1, 1795" crudely chiseled into its face;
and
Whereas, Colonel Zackquill Morgan shall be remembered as
having served throughout the Revolutionary War and as founder of
present day Morgantown, West Virginia, and the life and
contributions of Colonel Zackquill Morgan shall be recognized and
honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 31-43-2.48(4303) on County Route 43 and crossing
Morgan's Run Road in Monongalia County, West Virginia, the "Colonel
Zackquill Morgan Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs at each entry of said bridge,
containing bold and prominent letters proclaiming the bridge to be
the "Colonel Zackquill Morgan Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is directed to
forward a certified copy of this resolution to the Secretary of
Transportation and the Zackquill Morgan Chapter Daughters of the
American Revolution.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
[CLERK'S NOTE: Senate Bill No. 226 through Senate Bill No.
326 are recommended for introduction by the Joint Legislative Rule-
Making Review Committee and sponsored by Senator Minard, Senate
Cochair.]
By Senator Minard:
Senate Bill No. 226--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Accountancy to promulgate a legislative
rule relating to the board and rules of professional conduct.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 227--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to certification for small, women- and
minority-owned businesses.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 228--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 Senator Minard:
Senate Bill No. 229--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 labeling of imported honey, honey
products or honey bee byproducts and adulterated honey, honey products or honey bee byproducts.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 230--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 nutrient management certification.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 231--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Alcohol Beverage Control Commission to
promulgate a legislative rule relating to licensed retailer
operations.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 232--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Alcohol Beverage Control Commission to
promulgate a legislative rule relating to the licensing of retail
outlets.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 233--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Athletic Commission to promulgate a legislative
rule relating to mixed martial arts.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 234--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Auditor to promulgate a legislative rule
relating to the transaction fee and rate structure.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 235--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Banking to promulgate a legislative
rule relating to residential mortgage lenders, brokers and loan
originators.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 236--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 Senator Minard:
Senate Bill No. 237--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 licensing schools of
barbering and beauty culture.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 238--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 shampoo assistants.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 239--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public Employees
Retirement System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 240--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 Pensions; and then to the
Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 241--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 Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 242--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Corrections to promulgate a
legislative rule relating to fees for electronic monitoring of
offenders.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 243--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Courthouse Facilities Improvement Authority to
promulgate a legislative rule relating to the Courthouse Facilities
Improvement Fund.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 244--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commission for the Deaf and Hard of Hearing to
promulgate a legislative rule relating to fees for qualified
interpreters.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 245--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commission for the Deaf and Hard of Hearing to
promulgate a legislative rule relating to the establishment of
required qualifications and ethical standards for interpreters and
transliterators.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 246--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 Dental Examiners to promulgate a
legislative rule relating to fees established by the board.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 247--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction
and major modification of major stationary sources for the
prevention of significant deterioration of air quality.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 248--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 249--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air
pollution from the combustion of solid waste.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 250--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction
and major modifications of major stationary sources which cause or
contribute to nonattainment areas.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 251--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air
pollution from hazardous waste treatment, storage and disposal
facilities.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 252--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to requirements for
operating permits.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 253--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 254--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to determining conformity of
general federal actions to applicable implementation plans (general conformity).
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 255--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the greenhouse gas
emissions inventory program.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 256--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to ambient air quality
standards.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 257--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to voluntary remediation and
redevelopment.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 258--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to solid waste management.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 259--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste
management systems.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 260--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Development Office to promulgate a legislative
rule relating to brownfield economic development districts.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 261--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Development Office to promulgate a legislative
rule relating to the use of coalbed methane severance tax proceeds.
Referred to the Committee on Economic Development; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 262--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 Registration for Foresters to
promulgate a legislative rule relating to the certification of
registered foresters.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 263--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 Registration for Foresters to
promulgate a legislative rule relating to a schedule of fees.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 264--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 Registration for Foresters to
promulgate a legislative rule relating to a code of ethics.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 265--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Forestry to promulgate a legislative
rule relating to sediment control during commercial timber-
harvesting operations--licensing.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 266--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Forestry to promulgate a legislative
rule relating to sediment control during commercial timber-
harvesting operations--logger certification.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 267--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 Funeral Service Examiners to promulgate a legislative rule relating to crematory requirements.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 268--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 the Judiciary.
By Senator Minard:
Senate Bill No. 269--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 motor
vehicle search standards.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 270--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to a safety and treatment
program.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 271--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to credentialing
verification organizations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 272--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Directors of the West Virginia Health
Insurance Plan to promulgate a legislative rule relating to a
premium subsidy.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 273--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to public water systems.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 274--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to vital statistics.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 275--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
operators.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 276--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 manufactured home
communities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 277--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 wastewater systems and
operations.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 278--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to AIDS-related medical
testing and confidentiality.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 279--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to public water systems
design standards.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 280--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 construction and reconstruction of
state roads.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 281--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 Senator Minard:
Senate Bill No. 282--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Human Rights Commission to promulgate a
legislative rule relating to housing discrimination against persons
with disabilities who utilize assistance animals.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 283--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to family child care facility licensing
requirements.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 284--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to family child care home registration
requirements.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 285--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Human Services to promulgate a
legislative rule relating to a child care quality rating and
improvement system.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 286--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the licensing and conduct of insurance
producers and agencies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 287--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 surplus lines insurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 288--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 holding company systems.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 289--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 continuing education for individual
insurance producers.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 290--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 mini COBRA.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 291--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 workers' compensation insurance for
state agencies.
Referred to the Committee on Banking and Insurance; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 292--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 Zipline and Canopy Tour Responsibility Act.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senator Minard:
Senate Bill No. 293--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to the Amusement Rides and Amusement Attractions
Safety Act.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senator Minard:
Senate Bill No. 294--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to the supervision of elevator mechanics and
apprentices.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senator Minard:
Senate Bill No. 295--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Massage Therapy Licensure Board to promulgate a
legislative rule relating to general provisions.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 296--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Massage Therapy Licensure Board to promulgate a
legislative rule relating to a schedule of fees.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 297--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Medicine to promulgate a legislative
rule relating to the formation and approval of professional limited
liability companies.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 298--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Office of Miners' Health, Safety and Training to
promulgate a legislative rule relating to the application process
for the West Virginia Innovative Mine Safety Technology Tax Credit
Act.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 299--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 compulsory motor vehicle liability
insurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 300--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to special boating.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 301--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.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 302--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 hunting, trapping and fishing.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 303--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 defining the terms used in all hunting
and trapping.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 304--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 Senator Minard:
Senate Bill No. 305--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 trapping.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 306--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 fishing.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 307--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Nursing Home Administrators Licensing Board to
promulgate a legislative rule relating to nursing home administrators.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 308--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Occupational Therapy to promulgate a
legislative rule relating to fees for services rendered by the
board.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 309--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 licensing procedures for osteopathic physicians.
Referred to the Committee on Health and Human Resources; then
to the Committee on Government Organization; and then to the
Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 310--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a
legislative rule relating to the administration of the division.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 311--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a
legislative rule relating to workers' compensation temporary total
disability.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 312--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Pharmacy to promulgate a legislative
rule relating to immunizations administered by pharmacists.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 313--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Pharmacy to promulgate a legislative
rule relating to the Uniform Controlled Substances Act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 314--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 continuing education for the licensure of
pharmacists.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 315--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 the licensure of wholesale drug distributors.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 316--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Racing Commission to promulgate a legislative
rule relating to simulcast pari-mutuel wagering at an authorized
gaming facility in a historic hotel.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 317--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Secretary of State to promulgate a legislative
rule relating to the Vote-by-Mail Pilot Project Phase 2: Voting by
Mail.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 318--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Secretary of State to promulgate a legislative
rule relating to the general management and preservation of state
records.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 319--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Secretary of the Department of Health and Human
Resources, the Insurance Commissioner and the Chair of the West
Virginia Health Care Authority to promulgate a legislative rule
relating to an all-payer claims database--data submission
requirements.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 320--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Secretary of the Department of Health and Human
Resources, the Insurance Commissioner and the Chair of the West
Virginia Health Care Authority to promulgate a legislative rule
relating to the all-payer claims database program's privacy and
security.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 321--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Police to promulgate a legislative rule
relating to the West Virginia State Police Career Progression
System.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 322--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Police to promulgate a legislative rule
relating to the West Virginia State Police Modified Vehicle Inspection Manual.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 323--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 Professional Surveyors to promulgate a
legislative rule relating to the examination and licensing of
professional surveyors in West Virginia.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 324--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Tax Department to promulgate a legislative
rule relating to the payment of taxes by electronic funds transfer.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 325--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 Senator Minard:
Senate Bill No. 326--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 Department of Commerce, the Department
of Transportation and the Department of Environmental Protection.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
[CLERK'S NOTE: Senate Bill No. 226 through Senate Bill No.
326 are recommended for introduction by the Joint Legislative Rule-
Making Review Committee and sponsored by Senator Minard, Senate
Cochair.]
By Senator Nohe:
Senate Bill No. 327--A Bill to amend and reenact §61-7-11a of
the Code of West Virginia, 1931, as amended, relating to providing
an exemption for the official mascot of Parkersburg South High
School, commonly known as "The Patriot", which would allow the
mascot to carry a musket on school grounds when the mascot is
acting in his or her official capacity.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Yost, Foster, Unger, Miller and Wills:
Senate Bill No. 328--A Bill to amend and reenact §18-2-26 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-5-4 of said code, all relating to increasing the amount
of compensation a member of a county board of education may receive
for attending certain meetings; increasing by $100 the amount a
board member may receive for attending regional education council
meetings if he or she also serves on that council; increasing by
$40 the amount board members may receive for each board meeting
attended; permitting board members to also be compensated at the
same rate for other specific meetings attended; establishing a
maximum number of compensable meetings; and permitting board
members to be compensated for attending a maximum of six days of
approved training classes.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 329--A Bill to amend and reenact §33-6-31 of
the Code of West Virginia, 1931, as amended, relating to the motor
vehicle insurance policy; and requiring uninsured motor vehicle
coverage to be treated the same as any other coverage available to
an insured.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 330--A Bill to amend and reenact §33-12B-1,
§33-12B-5 and §33-12B-9 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section,
designated §33-12B-4a, all relating to insurance; licensure of
adjusters; definitions, including a definition of "automated claims
adjudication system"; and exemptions for certain individuals from
adjuster licensure in this state and licensing of residents of
Canada in this state.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Government Organization.
By Senators Wills and Miller:
Senate Bill No. 331--A Bill to amend and reenact §61-11A-2 and
§61-11A-6 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §62-12-23 of said code, all relating to adding
persons who reside with crime victims to those who are provided
notice of matters in the prosecutorial process; and the right to be
heard at sentencing and parole proceedings.
Referred to the Committee on the Judiciary.
By Senators Snyder, Green, Klempa, McCabe, Williams, Wills,
Plymale, Foster, Yost and Beach:
Senate Bill No. 332--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-3-49b, relating to the registration of pawnbrokers;
requiring pawnbrokers to keep certain records; requiring pawnbrokers to obtain specific identification information for
certain transactions; requiring pawnbrokers to submit certain
information to law-enforcement agencies; providing that information
obtained by pawnbrokers is to be kept confidential; requiring the
State Police to maintain database of information received from
pawnbrokers; specifying duration pawnbrokers and law-enforcement
agencies are to retain information for three years; defining terms;
establishing penalties; and providing rule-making authority.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard and Klempa:
Senate Bill No. 333--A Bill to amend and reenact §31A-8C-2 of
the Code of West Virginia, 1931, as amended, relating to the
provision of financially related services by banks and bank holding
companies; and providing that a West Virginia state-chartered
banking institution may engage in a financially related activity
directly if a federal or state thrift, federal credit union or
state bank chartered in another state may engage in that
financially related activity.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 334--A Bill to amend and reenact §46A-4-103 of
the Code of West Virginia, 1931, as amended, relating to the
authority of the Commissioner of Banking over consumer lender licensees; providing for a penalty of not more than $2,000 for each
day a violation exists; and providing for hearings.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 335--A Bill to amend and reenact §61-3-39e of
the Code of West Virginia, 1931, as amended, relating to permitting
payees or holders of electronic transfers that have been dishonored
because of insufficient funds or credit may send notice to the
drawer of the transfer and impose a fee up to $25.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 336--A Bill to amend and reenact §31-17-2 of
the Code of West Virginia, 1931, as amended, relating to license
required for residential mortgage lenders and brokers and
exemptions thereto; and eliminating the exemption for a lender
under the regular supervision and examination for consumer
compliance by any agency of the federal government.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Government Organization.
By Senator Minard:
Senate Bill No. 337--A Bill to amend and reenact §31A-2-4 of
the Code of West Virginia, 1931, as amended, relating to the powers
and duties of the Commissioner of Banking; authorizing the Commissioner of Banking to establish relationships or contracts
with the Nationwide Mortgage Licensing System and Registry, or
other entities designated by the Nationwide Mortgage Licensing
System and Registry, to collect and maintain records related to
criminal background investigations and fingerprinting for persons
subject to this subsection; providing that the Commissioner of
Banking may use the Nationwide Mortgage Licensing System and
Registry, or its designated vendor, as a channeling agent for
requesting information from and distributing information to the
Department of Justice or any governmental agency; providing that
the Commissioner of Banking may use the Nationwide Mortgage
Licensing System and Registry as a channeling agent for requesting
and distributing information to and from any source so directed by
the Commissioner; authorizing the Commissioner of Banking to
conduct examinations of third-party providers of information
technology services to financial institutions; creating a special
revenue account to be known as the Consumer Education Fund, which
may be expended by the commissioner to promote consumer awareness
and understanding of issues related to residential mortgage
lending; providing that ten percent of all civil administrative
penalties collected by the Division of Banking during each fiscal
year shall be deposited into that account, which may be invested
and retain all earnings and interest; and providing that at the end
of each fiscal year, any remaining balance less than $500,000, including accrued interest, shall remain in the account and that
any balance exceeding $500,000 shall revert to the General Revenue
Fund.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Government Organization.
By Senator Minard:
Senate Bill No. 338--A Bill to amend and reenact §46A-2-106 of
the Code of West Virginia, 1931, as amended, relating to requiring
that at least twenty days prior to accelerating the maturity of the
unpaid balance of any installment obligation or any other secured
obligation, commencing any action or demand or taking possession of
collateral on account of default, the lender must provide notice of
consumer's right to cure default including a certification of the
exact amount due in order to cure the default and a certification
that the notice was in fact mailed to the borrower.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 339--A Bill to amend and reenact §31-17-11 of
the Code of West Virginia, 1931, as amended, relating to the
reporting requirements for residential mortgage lenders and broker
licensees; providing that such reporting shall be done through the
Nationwide Mortgage Licensing System and Registry for the periods
established by the Nationwide Mortgage Licensing System and Registry; preserving the confidentiality of such reports; giving
the Commissioner of Banking the discretion to direct that the
reports shall be filed directly with the Division of Banking; and
replacing the duty of the Commissioner of Banking to provide an
aggregate analysis of the information contained in reports with a
requirement that the commissioner shall publish annually a list of
the licenses issued under this chapter and direct consumers to the
public information available through the Nationwide Mortgage
Licensing System and Registry.
Referred to the Committee on Banking and Insurance.
By Senators Stollings, Kessler (Mr. President), Unger, Klempa
and Plymale:
Senate Bill No. 340--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-25a, relating to requiring the proposal and
adoption of rules for the management of concussion and head injury
in youth sports.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Stollings and Foster:
Senate Bill No. 341--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all
relating to access to nonpublic restrooms by individuals with certain medical conditions and under specified circumstances; and
providing criminal penalty for violation.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Foster, Browning, Fanning, Minard, Tucker, Wills,
Barnes, K. Facemyer, Kessler (Mr. President), Klempa, Plymale,
Williams and Nohe:
Senate Bill No. 342--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §4-1-24; to amend said code by adding thereto two new
sections, designated §15-9-6 and §15-9-7; to amend and reenact
§25-1-1a and §25-1-15 of said code; to amend said code by adding
thereto three new sections, designated §25-1-23, §25-1-24 and
§25-1-25; to amend and reenact §28-5-27 of said code; to amend said
code by adding thereto a new section, designated §31-20-33; to
amend said code by adding thereto three new sections, designated
§51-1-22, §51-1-23 and §51-1-24; to amend and reenact §60A-1-101 of
said code; to amend said code by adding thereto a new section,
designated §60A-1-102; to amend and reenact §60A-4-401 and
§60A-4-407 of said code; to amend said code by adding thereto two
new sections, designated §60A-4-414 and §60A-4-415; to amend and
reenact §62-1-5a of said code; to amend and reenact §62-1C-3 of
said code; to amend said code by adding thereto a new section,
designated §62-11C-3a; to amend said code by adding thereto fifteen new sections, designated §62-12-1a, §62-12-5a, §62-12-29,
§62-12-30, §62-12-31, §62-12-32, §62-12-33, §62-12-34, §62-12-35,
§62-12-36, §62-12-37, §62-12-38, §62-12-39, §62-12-40 and
§62-12-41; to amend and reenact §62-12-13 and §62-12-18 of said
code; to amend said code by adding thereto a new section,
designated §62-13-1; and to amend said code by adding thereto a new
article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4,
§62-16-5, §62-16-6, §62-16-7, §62-16-8 and §62-16-9, all relating
to the Public Safety and Offender Accountability Act; requiring
completion of a corrections impact statement to determine the
fiscal impact of bills that propose to increase, decrease or
otherwise impact incarceration; establishing baselines for
performance and comparisons to national averages to measure and
document possible cost savings from the Public Safety and Offender
Accountability Act; reinvesting and distribution of savings;
identifying the primary objective for the Division of Corrections
and sentencing policy as maintaining public safety, holding
offenders accountable and maintaining the lowest possible
recidivism rate; requiring the Division of Corrections to
administer validated risk and needs assessments for inmates
eligible for parole; creating an intensive secured substance abuse
recovery program; requiring evidence-based practice to be used in
treatment and intervention programs; requiring the Division of
Corrections to provide annual reports to the Governor and the Legislature; providing for additional good time credit for
successful completion of education or treatment programs; providing
additional good time credit for exceptionally meritorious service;
requiring the Regional Jail and Correctional Facility Authority to
provide annual reports to the Governor and the Legislature;
requiring the Supreme Court of Appeals to provide annual reports to
the Governor and the Legislature; amending the Uniform Controlled
Substances Act; requiring the Supreme Court of Appeals to develop
an online system that provides courts, attorneys, probation and
parole officers and victims with information about sentencing;
distinguishing between serious drug trafficking by maintaining
severe penalties for serious drug traffickers; establishing a
proportionate scale of penalties; reducing sentence for small
quantities of certain controlled substances for a first offense;
permitting deferred prosecution or a presumptive probation sentence
for first- and second-time possession offenders; requiring a
law-enforcement officer to issue a citation instead of making an
arrest for many misdemeanor offenses and providing for exceptions,
such as when the offender poses a risk of danger to himself or
others; prohibiting bail amounts for misdemeanors to exceed the
fines and fees of the offenses charged; requiring courts and
corrections authorities to incorporate risk and needs assessment
information into their decision-making process; requiring state
expenditures on supervision and intervention programs for pretrial defendants, inmates and persons on parole and probation be spent on
evidence-based programs; requiring offenders to be supervised using
practices proven to reduce or otherwise maintain low recidivism
rates; requiring the Parole Board to hear cases at least sixty days
prior to the offender's parole eligibility date; requiring the use
of administrative caseloads for low-risk offenders; authorizing
compliance credits for parolees and early termination for
probationers who successfully comply with supervision conditions;
requiring six months of supervision for offenders who would
otherwise be discharged without supervision at the end of their
sentences; authorizing the Division of Corrections to allow
offenders to complete required programming in the community and be
monitored; increasing accountability for probation and parole
violations by authorizing administrative, graduated sanctions for
parole and probation violators; creating two pilot projects that
require frequent drug testing with immediate sanctions for positive
drug tests or other violations and referral to treatment, if
necessary; and creating an intermediate punishment program that
provides substance abuse treatment for offenders sentenced to a
state correctional facility.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Laird, Kessler (Mr. President), Unger, Klempa,
Nohe, Browning, Plymale, Yost, Jenkins and Beach:
Senate Bill No. 343--A Bill to amend and reenact §8-15-8a of
the Code of West Virginia, 1931, as amended, relating to the
eligibility of volunteer or part-volunteer fire companies or
departments to allocation from municipal pensions and protection
fund and the Fire Protection Fund; providing a grace period for
these volunteer fire companies or departments to comply with
submission of data; and requiring the State Fire Marshal to notify
these volunteer fire companies or departments of the dates and
grace period.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Stollings:
Senate Bill No. 344--A Bill to amend and reenact §61-7-4 of
the Code of West Virginia, 1931, as amended, relating generally to
requirements for a license to carry a deadly weapon; providing
minimum training requirements to obtain a license; and making
technical corrections.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 345--A Bill to amend and reenact §46A-4-111 of
the Code of West Virginia, 1931, as amended, relating to the
requirement of written documentation of a reasonable net tangible
benefit to the borrower of any refinancing of a real estate secured
loan by a regulated consumer lender; and clarifying that the requirement applies to any refinancing that occurs within twenty-
four months of the date of the original consumer loan or consumer
credit sale secured by residential real estate.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 5, Encouraging cooperation in
implementing Ten Elements of High Quality Digital Learning.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education.
Senate Concurrent Resolution No. 6, Encouraging cooperation in
implementing Career and Technical Education College and Career
Readiness Initiative.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education.
Senate Concurrent Resolution No. 7, Requesting DOH name bridge
in Clendenin, Kanawha County, Smith Brothers Memorial Bridge.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Resolution No. 4, Honoring Command Sergeant Major Roger
C. Beverage.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Military.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 96, Redefining basis for
disqualification of prospective jurors.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Thursday, January 19, 2012, at 11 a.m.
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