________*__________
Monday, January 23, 2006
The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, January 20, 2006, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Unanimous consent having been obtained, Delegate Hrutkay addressed the House regarding
the Logan County mine tragedy, the mining industry and safety issues.
At the conclusion of her remarks, the Members arose in ovation.
Delegate Duke then asked and obtained unanimous consent that the foregoing remarks
delivered by Delegate Hrutkay be printed in the Appendix to the Journal.
The Speaker called Delegate Pino to the Chair and then took his place on the Floor of the
House. He then asked and obtained unanimous consent to address the House, during which remarks
he spoke of recent newspaper coverage of his residency and other matters, and at the conclusion of
his remarks, the Members also stood in ovation.
Delegate Mahan then asked and obtained unanimous consent that the Speaker's remarks be
printed in the Appendix to the Journal.
At 1:52 p.m., on motion of Delegate Staton, the House of Delegates recessed until 4:00 p.m.,
and reconvened at that time.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report of the Legislative Oversight Committee
on the Regional Jail and Correctional Facility Authority, in accordance with section twenty-six,
article twenty, chapter thirty-one of the code; which was filed in the Clerk's Office.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 247 - "A Bill to repeal §22A-2-69 of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto a new article, designated §15-5B-1, §15-5B-2,
§15-5B-3, §15-5B-4 and §15-5B-5; to amend and reenact §22A-2-55 and §22A-2-66 of said code;
and to amend said code by adding thereto a new section, designated §24-6-14, all relating to mine
and industrial emergencies; creating the Mine and Industrial Accident Rapid Response System;
providing requirements for protective equipment in underground mines; providing for criminal
penalties for the unauthorized removal of or tampering with certain protective equipment; defining
certain terms; providing for notification requirements in the event of an accident in or about any
mine and imposing a civil administrative penalty for the failure to comply with such notification
requirements; providing rule-making authority; and clarifying the responsibilities of county answering points."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 247) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 24), and there were--yeas 92, nays
none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, DeLong, Ferrell, Manchin, Michael, Thompson,
Ron, Varner and Webster.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time.
Unanimous consent having been obtained, further action on the bill was then postponed
temporarily.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 211 - "A Bill to amend and reenact §30-13A-37 of the Code of West Virginia, 1931,
as amended, relating to continuing the West Virginia Board of Professional Surveyors"; which was
referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 212 - "A Bill to amend and reenact §30-4-30 of the Code of West Virginia, 1931, as
amended, relating to continuing the West Virginia Board of Dental Examiners"; which was referred
to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 213 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10D-8, relating to continuing the West Virginia Consolidated
Public Retirement Board"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 214 - "A Bill to amend and reenact §30-40-28 of the Code of West Virginia, 1931, as
amended, relating to continuing the West Virginia Real Estate Commission"; which was referred to
the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 215 - "A Bill to amend and reenact §30-31-15 of the Code of West Virginia, 1931, as
amended, relating to continuing the West Virginia Board of Examiners in Counseling"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 216 - "A Bill to amend and reenact §29-20-7 of the Code of West Virginia, 1931, as
amended, relating to continuing the West Virginia Women's Commission"; which was referred to
the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 217 - "A Bill to amend and reenact §30-14-16 of the Code of West Virginia, 1931, as
amended, relating to continuing the West Virginia Board of Osteopathy"; which was referred to the
Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 218 - "A Bill to amend and reenact §4-8-6 of the Code of West Virginia, 1931, as
amended, relating to continuing the West Virginia Capitol Building Commission"; which was
referred to the Committee on Government Organization.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Frich, Anderson, Argento, Blair, Border, Eldridge, Frederick, Lane,
Porter, Stevens and Tansill:
H. J. R. 102 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article three thereof, by adding thereto a new section, designated section twenty-three,
relating to defining what constitutes a valid and recognized marriage in this state; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Spencer, Craig, Varner and Amores:
H. B. 4070 - "A Bill to amend and reenact º22-18-21 of the Code of West Virginia, 1931,
as amended, relating to the required disclosure, in deeds and leases of real property, of the previous
existence of a crystal methamphetamine laboratory"; to the Committee on the Judiciary.
By Delegates Perdue and Rick Thompson:
H. B. 4071 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3, §17A-13-4 and §17A-13-5, all
relating to regulating the use of automobile event data recorders"; to the Committee on the Judiciary.
By Delegates Talbott, Crosier, Stemple, Eldridge, Hamilton, Poling, Argento and
Paxton:
H. B. 4072 - "A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931,
as amended, relating to prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog, or turning off a radio transmitting collar without the
permission of the owner; and creating penalties"; to the Committee on Agriculture and Natural
Resources then the Judiciary.
By Delegates Spencer, Amores, Perdue and Beane:
H. B. 4073 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-14g, relating to establishing the crime of trafficking of
persons; and penalty"; to the Committee on the Judiciary.
By Delegates Caputo (By Request), Longstreth and Manchin:
H. B. 4074 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-3-13a, relating to prohibiting a radiologist from performing
a second reading of an X ray without written authorization from the patient when the X ray has
already been read and treatment rendered by the primary physician"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegates Michael, Doyle, Kominar, Cann, H. White, Proudfoot, Stalnaker, Hall,
Ashley, Carmichael and G. White:
H. B. 4075 - "A Bill to amend and reenact §59-1-28a of the Code of West Virginia, 1931,
as amended, relating to the dedication of moneys to the Regional Jail Partial Reimbursement Fund";
to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4076 - "A Bill to repeal §22A-2-69 of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new article, designated §15-5B-1, §15-5B-2, §15-5B-3, §15-5B-4 and §15-5B-5; and to amend and reenact §22A-2-55 and §22A-2-66 of said code, all
relating to mine and industrial emergencies; creating the Mine and Industrial Accident Rapid
Response System; providing requirements for protective equipment in underground mines; providing
for criminal penalties for the unauthorized removal of or tampering with certain protective
equipment; providing for notification requirements in the event of an accident in or about any mine
and imposing a civil administrative penalty for the failure to comply with such notification
requirements"; to the Committee on the Judiciary.
Consent Calendar
Third Reading
Com. Sub. for H. B. 2945, Relating to solicitation of water samples by persons or private
entities and providing information identifying the name of the company making the solicitation; on
third reading, coming up in regular order, was read a third time.
Delegate Blair requested to be excused from voting on the passage of Com. Sub. for H. B.
2945 under the provisions of House Rule 49, stating that he stood to benefit directly by the passage
thereof.
The Speaker consulted with the Clerk and replied to the request, stating that Delegate Blair
was a member of a class of persons possibly to be affected by the passage of the bill and that he
demonstrated he may have direct personal as well as pecuniary interest therein and excused Delegate
Blair from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
On the passage of the bill, the yeas and nays were taken (Roll No. 25), and there were--yeas
92, nays none, excused from voting 1, absent and not voting 7, with the nays, excused from voting
and absent and not voting being as follows:
Nays: None.
Excused From Voting: Blair
Absent And Not Voting: Canterbury, DeLong, Ferrell, Manchin, Michael, Ron Thompson
and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2945) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bill and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through
hours of service to a local crime victim's assistance program,
Com. Sub. for H. B. 2448, Relating to criminal offenses involving the theft of mail matter,
Com. Sub. for H. B. 3212, Creating the felony offense of intimidation of and retaliation
against informants who provide information to law enforcement officers, and establishing related
criminal penalties,
Com. Sub. for H. B. 3213, Creating the offenses of malicious assault, unlawful assault,
battery and recidivism of battery, assault on a driver, conductor, captain or other person in charge of any vehicle used for public conveyance,
And,
H. B. 4069, Continuing the Rural Health Advisory Panel until July 1, 2009.
House Calendar
Third Reading
H. B. 4019, Relating to the preparation and distribution of a digest or summary of the budget
bill; on third reading, coming up in regular order, was, on motion of Delegate Staton laid over one
day.
First Reading
Com. Sub. for H. B. 4021, Relating to a pilot program authorizing participating health care
clinics and private medical practitioners to provide primary and preventive health services for a
prepaid fee; on first reading, coming up in regular order, was read a first time and ordered to second
reading.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Carmichael, DeLong, Ferrell, Manchin, Michael, Ron Thompson, Varner
and Webster.
Having been postponed in earlier proceedings, Com. Sub. for S. B. 247, Creating Mine and
Industrial Accident Rapid Response System, was taken up for further consideration.
The Clerk reported an amendment, offered by Mr. Speaker, Mr. Kiss, which was adopted
and amended the bill page two, by striking out everything following the enacting section and
inserting in lieu thereof the following:
"CHAPTER 15. PUBLIC SAFETY.
ARTICLE 5B. MINE AND INDUSTRIAL ACCIDENT RAPID RESPONSE SYSTEM.
§15-5B-1. Legislative purpose; Mine and Industrial Accident Rapid Response System created.
(a) The Legislature finds that the health and safety of persons working in and around the
mining industry and other industries is of paramount concern to the people of West Virginia and that
deaths and serious injuries resulting from dangerous working conditions cause grief and suffering
to workers and their families. The Legislature further finds that there is an urgent need to provide
more effective means and measures for improving emergency response and communications for
dealing with mine and industrial accidents. The Legislature declares that it is in the best interest of
the citizens of West Virginia to designate an emergency telephone number for mining or industrial
personnel to initiate a rapid emergency response to any mine or industrial accident. Provision of a
single, primary emergency number through which emergency services can be quickly and efficiently
obtained and through which the response of various state agencies charged by law with responding
to mine and industrial emergencies can be coordinated will significantly contribute to the public
good. The Mine and Industrial Accident Rapid Response System will provide a vital resource to the
citizens of West Virginia by providing a critical connection between the Director of the Office of
Miners' Health, Safety and Training, the Division of Homeland Security and Emergency
Management, local and regional emergency services organizations and other responsible agencies.
(b) The Mine and Industrial Accident Rapid Response System is hereby created and shall
consist of:
(1) The Mine and Industrial Accident Emergency Operations Center established in section
two of this article; and
(2) The 24-hour-a-day statewide telephone number established by the Director of the
Division of Homeland Security and Emergency Management.
§15-5B-2. Mine and industrial accident emergency operations center.
(a) The Director of the Division of Homeland Security and Emergency Management, working
in conjunction with the Office of Miners' Health, Safety and Training, shall maintain the Mine and
Industrial Accident Emergency Operations Center, which shall be the official and primary state
government twenty-four hour a day communications center for dealing with mine and industrial
accidents.
(b) The emergency operations center shall be operated twenty-four hours a day, seven days
a week by emergency service personnel employed by the Director to provide emergency assistance
and coordination to mine and industrial accidents or emergencies.
(c) The emergency operations center shall be readily accessible twenty-four hours a day at
a statewide telephone number established and designated by the Director.
§15-5B-3. Emergency mine response.
(a) To assist the Division of Homeland Security and Emergency Management in
implementing and operating the Mine and Industrial Accident Rapid Response System, the Office
of Miners' Health, Safety and Training shall, on a quarterly basis, provide the emergency operations
center with a mine emergency contact list. In the event of any change in the information contained
in the mine emergency contact list, such changes shall be provided immediately to the emergency
operations center. The mine emergency contact list shall include the following information:
(1) The names and telephone numbers of the Director of the Office of Miners' Health, Safety
and Training, or his or her designee, including at least one telephone number at which the Director or designee may be reached at any time;
(2) The names and telephone numbers of all district mine inspectors, including at least one
telephone number for each inspector at which each inspector may be reached at any time;
(3) A current listing of all regional offices or districts of the Office of Miners' Health, Safety
and Training, including a detailed description of the geographical areas served by each regional
office or district; and
(4) The names, locations and telephone numbers of all mine rescue stations, including at least
one telephone number for each station that may be called twenty-four hours a day and a listing of all
mines that each mine rescue station serves in accordance with the provisions of section thirty-five,
article one, chapter twenty-two-a of this code.
(b) Upon the receipt of an emergency call regarding any accident, as defined in section sixty-
six, article two, chapter twenty-two-a of this code, in or about any mine, the emergency operations
center shall immediately notify:
(1) The Director of the Office of Miners' Health, Safety and Training or his or her designee;
(2) The district mine inspector assigned to the district or region in which the accident
occurred; and
(3) Local emergency service personnel in the area in which the accident occurred.
(c) The Director or his or her designee shall determine the necessity for and contact all mine
rescue stations that provide rescue coverage to the mine in question.
(d) In the event that an emergency call regarding any accident, as defined in section sixty-six,
article two, chapter twenty-two-a of this code, in or about any mine, is initially received by a county
answering point, as defined in article six, chapter twenty-four of this code, the call shall be immediately forwarded to the Mine and Industrial Accident Emergency Operations Center.
(e) Nothing in this section shall be construed to relieve an operator, as defined in section two,
article one, chapter twenty-two-a of this code, from any reporting or notification obligation under
federal law.
(f) The Mine and Industrial Accident Rapid Response System and the emergency operations
center are designed and intended to provide communications assistance to emergency responders and
other responsible persons. Nothing in this section shall be construed to conflict with the
responsibility and authority of an operator to provide mine rescue coverage in accordance with the
provisions of section thirty-five, article one, chapter twenty-two-a of this code or the authority of the
Director of the Office of Miners' Health, Safety and Training to assign mine rescue teams under the
provisions of subsection (d) of said section or to exercise any other authority provided in chapter
twenty-two-a of this code.
§15-5B-4. Study of other industrial emergencies.
The Director of the Division of Homeland Security and Emergency Management shall
immediately cause a study to be conducted to determine the feasibility of providing emergency
coverage to other industrial, manufacturing, chemical or other emergencies through the Mine and
Industrial Accident Rapid Response System. On or before the first day of November, two thousand
six, the Director shall submit a report to the Governor, the President of the Senate and the Speaker
of the House of Delegates setting forth the findings of his or her study and recommendations for
legislation consistent with the purposes of this article.
§15-5B-5. Rule-making authority.
The Director of the Division of Homeland Security and Emergency Management shall propose emergency and legislative rules for promulgation in accordance with article three, chapter
twenty-nine-a of this code regarding the implementation and administration of the Mine and
Industrial Accident Rapid Response System. The requirements of this article enacted during the
regular session of the Legislature in January, two thousand six, shall not be implemented until the
emergency rule authorized herein has been approved.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
ARTICLE 2. UNDERGROUND MINES.
§22A-2-55. Protective equipment and clothing.
(a) Welders and helpers shall use proper shields or goggles to protect their eyes. All
employees shall have approved goggles or shields and use the same where there is a hazard from
flying particles or other eye hazards.
(b) Employees engaged in haulage operations and all other persons employed around moving
equipment on the surface and underground shall wear snug-fitting clothing.
(c) Protective gloves shall be worn when material which may injure hands is handled, but
gloves with gauntleted cuffs shall not be worn around moving equipment.
(d) Safety hats and safety-toed shoes shall be worn by all persons while in or around a mine:
Provided, That metatarsal guards shall are not be required to be worn by persons when working in
those areas of underground mine workings which average less than forty-eight inches in height as
measured from the floor to the roof of the underground mine workings.
(e) Approved eye protection shall be worn by all persons while being transported in open-
type man trips.
(f)(1) A self-contained self-rescue device approved by the Director shall be worn by each person underground or kept within his immediate reach and such the device shall be provided by the
operator. The self-contained self-rescue device shall be adequate to protect such a miner for one
hour or longer. Each operator shall train each miner in the use of such device and refresher training
courses for all underground employees shall be held during each calendar year.
(2) In addition to the requirements of subdivision (1) of this subsection, the operator shall
also provide caches of additional self-contained self-rescue devices throughout the mine in
accordance with a plan approved by the director. Each additional self-contained self-rescue device
shall be adequate to protect a miner for one hour or longer. The total number of additional self-
contained self-rescue devices, the total number of storage caches and the placement of each cache
throughout the mine shall be established by rule pursuant to subsection (i) of this section.
Intrinsically safe battery-powered strobe lights shall be affixed to each cache and shall be capable
of automatic activation in the event of an emergency. A luminescent sign with the words 'SELF-
CONTAINED SELF-RESCUER' or 'SELF-CONTAINED SELF-RESCUERS' shall be
conspicuously posted at each cache and luminescent direction signs shall be posted leading to each
cache. Lifeline cords or other similar device, with reflective material at 25-foot intervals, shall be
attached to each cache from the last open crosscut to the surface. The operator shall conduct weekly
inspections of each cache, the affixed strobe lights and each lifeline cord or other similar device to
ensure operability.
(3) Any person that, without the authorization of the operator or the director, knowingly
removes or attempts to remove any self-contained self-rescue device or battery-powered strobe light
from the mine or mine site with the intent to permanently deprive the operator of the device or light
or knowingly tampers with or attempts to tamper with such device or light shall be deemed guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not
less than one year nor more than ten years or fined not less than ten thousand dollars nor more than
one hundred thousand dollars, or both.
(g)(1) A wireless emergency communication device approved by the director and provided
by the operator shall be worn by each person underground. The wireless emergency communication
device shall, at a minimum, be capable of receiving emergency communications from the surface
at any location throughout the mine. Each operator shall train each miner in the use of the device
and provide refresher training courses for all underground employees during each calendar year. The
operator shall install in or around the mine any and all equipment necessary to transmit emergency
communications from the surface to each wireless emergency communication device at any location
throughout the mine.
(2) Any person that, without the authorization of the operator or the director, knowingly
removes or attempts to remove any wireless emergency communication device or related equipment,
from the mine or mine site with the intent to permanently deprive the operator of the device or
equipment or knowingly tampers with or attempts to tamper with the device or equipment shall be
guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility
for not less than one year nor more than ten years or fined not less than ten thousand dollars nor more
than one hundred thousand dollars, or both.
(h)(1) A wireless tracking device approved by the director and provided by the operator shall
be worn by each person underground. In the event of an accident or other emergency, the tracking
device shall, at a minimum, be capable of providing real-time monitoring of the physical location
of each person underground: Provided, That no person shall discharge or discriminate against any miner based on information gathered by a wireless tracking device during nonemergency monitoring.
Each operator shall train each miner in the use of the device and provide refresher training courses
for all underground employees during each calendar year. The operator shall install in or around the
mine all equipment necessary to provide real-time emergency monitoring of the physical location
of each person underground.
(2) Any person that, without the authorization of the operator or the director, knowingly
removes or attempts to remove any wireless tracking device or related equipment, approved by the
director, from a mine or mine site with the intent to permanently deprive the operator of the device
or equipment or knowingly tampers with or attempts to tamper with the device or equipment shall
be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility
for not less than one year nor more than ten years or fined not less than ten thousand dollars nor more
than one hundred thousand dollars, or both.
(i) The director may promulgate emergency and legislative rules to implement and enforce
this section pursuant to the provisions of article three, chapter twenty-nine-a of this code.
(j) The penalties set forth in this article enacted during the regular session of the Legislature
in January, two thousand six, shall become effective the first day of July, two thousand six.
§22A-2-66. Accident; notice; investigation by Office of Miners' Health, Safety and Training.
(a) For the purposes of this section, the term 'accident' means:
(1) The death of an individual at a mine;
(2) An injury to an individual at a mine which has a reasonable potential to cause death;
(3) The entrapment of an individual;
(4) The unplanned inundation of a mine by a liquid or gas;(5) The unplanned ignition or explosion of gas or dust;
(6) The unplanned ignition or explosion of a blasting agent or an explosive;
(7) An unplanned fire in or about a mine not extinguished within five minutes of ignition;
(8) An unplanned roof fall at or above the anchorage zone in active workings where roof
bolts are in use or an unplanned roof or rib fall in active workings that impairs ventilation or impedes
passage;
(9) A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining
activity for more than one hour;
(10) An unstable condition at an impoundment, refuse pile or culm bank which requires
emergency action in order to prevent failure, or which causes individuals to evacuate an area, or the
failure of an impoundment, refuse pile or culm bank;
(11) Damage to hoisting equipment in a shaft or slope which endangers an individual or
which interferes with use of the equipment for more than thirty minutes; and
(12) An event at a mine which causes death or bodily injury to an individual not at the mine
at the time the event occurs.
(b) Whenever by reason of any explosion or other any accident occurs in or about any coal
mine or the machinery connected therewith, loss of life, or serious personal injury occurs, it is the
duty of the superintendent of the mine, and in his or her absence, operator or the mine foreman in
charge of the mine to give immediate notice, within fifteen minutes of ascertaining the occurrence
of an accident, to the director and the inspector of the district Mine and Industrial Accident
Emergency Operations Center at the statewide telephone number established by the Director of the
Division of Homeland Security and Emergency Management pursuant to the provisions of article five-b, chapter fifteen of this code stating the particulars of such the accident: Provided, That the
operator or the mine foreman in charge of the mine may comply with this notice requirement by
immediately providing notice to the appropriate local organization for emergency services as defined
in section eight, article five of said chapter, or the appropriate local emergency telephone system
operator as defined in article six, chapter twenty-four of this code: Provided, however, That nothing
in this subsection shall be construed to relieve the operator from any reporting or notification
requirement under federal law.
(c) The Director of Miners Health, Safety and Training shall impose, pursuant to rules
authorized in this section, a civil administrative penalty of one hundred thousand dollars on the
operator if it is determined that the operator or the mine foremen in charge of the mine failed to give
immediate notice as required in this section: Provided, That the director may waive imposition of
the civil administrative penalty at any time if he or she finds that the failure to give immediate notice
was caused by circumstances wholly outside the control of the operator.
(d) If anyone is killed, the inspector shall immediately go to the scene of such the accident
and make such recommendations and render such assistance as he or she may deem necessary for
the future safety of the men and investigate the cause of such the explosion or accident and make a
record. thereof which He or she shall preserve the record with the other records in his or her office.
The cost of such the investigation records to shall be paid by the Office of Miners' Health, Safety and
Training., and A copy shall be furnished to the operator and other interested parties. To enable him
or her to make such an investigation, he or she has the power to compel the attendance of witnesses
and to administer oaths or affirmations. The director has the right to appear and testify and to offer
any testimony that may be relevant to the questions and to cross-examine witnesses.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
§24-6-14. Notification of mining accidents.
Each county answering point that receives a call reporting an accident in or about any mine
shall immediately route the call to the Mine and Industrial Accident Emergency Operations Center
created pursuant to section two, article five-a, chapter fifteen of this code."
There being no further amendments, the bill was ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 27),
and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being
as follows:
Absent And Not Voting: Canterbury, DeLong, Ferrell, Manchin, Michael, Ron Thompson
and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 247) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 28), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, DeLong, Ferrell, Manchin, Michael, Ron Thompson
and Varner.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 247) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Miscellaneous Business
Delegate Armstead announced that he was absent on Friday, January 20, 2006, when the
votes were taken on Roll Nos. 20, 21, 22 and 23, and that had he been present, he would have voted
"Yea" on Roll Nos. 20 and 21, and "Nay" on Roll Nos. 22 and 23.
Delegate Butcher announced that he was also absent on Friday, January 20, 2006, when the
votes were taken on Roll Nos. 20, 21, 22 and 23, and that had he been present, he would have voted
"Nay" on Roll Nos. 20 and 21, and "Yea" on Roll Nos. 22 and 23.
Delegate Ashley asked and obtained unanimous consent that the remarks of Delegates
Stevens, Trump and Porter concerning the passage of Com. Sub. for S. B. 247 be printed in the
Appendix to the Journal.
Delegate Longstreth then asked and obtained unanimous consent that the remarks of
Delegates Caputo and Butcher concerning the passage of Com. Sub. for S. B. 247 be printed in the
Appendix to the Journal.
Delegate Hamilton next asked and obtained unanimous consent that the remarks of Delegate
Poling regarding the passage of Com. Sub. for S. B. 247 be printed in the Appendix to the Journal.
Delegate Trump asked and obtained unanimous consent that the remarks of Delegate Staton
regarding the passage of Com. Sub. for S. B. 247 be printed in the Appendix to the Journal.
At 6:31 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:50 p.m.,
and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, to take effect from passage, of
Com. Sub. for S. B. 247, Creating Mine and Industrial Accident Rapid Response System.
At 6:51 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 24, 2006.