sdj-08th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
EIGHTH DAY
____________
Charleston, W. Va., Wednesday, January 20, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Rabbi James Cohn, Temple Israel,
Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, January 19,
2010,
On motion of Senator Barnes, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 6, 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 212, Relating to higher education capital
facilities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 212 (originating in the
Committee on Education)--A Bill to repeal §18-23-1, §18-23-2, §18-
23-3, §18-23-4, §18-23-5, §18-23-13, §18-23-14, §18-23-15, §18-23-
18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West
Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B-
14-3, §18B-14-4, §18B-14-5, §18B-14-5a, §18B-14-6 and §18B-14-7 of
said code; to amend and reenact §5-6-4a of said code; to amend and
reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of
said code; to amend and reenact §18B-2B-6 of said code; to amend
and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of
said code; to amend and reenact §18B-10-8 of said code; and to
amend said code by adding thereto a new article, designated §18B-
19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-
19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and
§18B-19-18, all relating to higher education capital facilities
generally; repealing certain specific duties of governing boards of
higher education institutions; eliminating condemnation rights of
those boards; eliminating execution of contracts and deeds by those
boards; eliminating certain obligation concerning capital
construction and repair duties; eliminating the authority of
certain state institutions from selling certain properties and
lease-back provisions; replacing those duties that are being
repealed with similar responsibilities; setting forth certain
specific responsibilities of the Higher Education Policy Commission
and the Council for Community and Technical College Education;
reviewing tuition and fee increases; reviewing and approving
capital project planning, financing, management and maintenance;
permitting the acquisition, sale, transfer, exchange, lease,
conveyance and condemnation of real property; permitting the
construction and operation of capital facilities; permitting the
collection and use of certain capital fees; establishing in the
State Treasury a capital maintenance fund for each state
institution of higher education; setting forth legislative findings
and intent; defining terms; requiring rulemaking; providing for
system facilities institution and facilities planning; designating
Marshall Community and Technical College as Mountwest Community and
Technical College; making certain technical corrections; and
deleting certain obsolete language.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 212), under the original
double committee reference, was then referred to the Committee on
Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 233--A Bill to amend and reenact §3-1A-1, §3-
1A-4 and §3-1A-5 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new article, designated
§3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-
12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14,
§3-12-15, §3-12-16 and §3-12-17, all relating to creating the West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot
Program; giving additional duties and per diem pay to the State
Election Commission; authorizing the State Election Commission to
use video, telephone and internet conferencing; providing
alternative public campaign financing option for candidates for the
West Virginia Supreme Court of Appeals in 2012; setting forth short title and certain legislative findings and declarations; defining
terms; specifying that the provisions of the act are applicable to
candidates for the West Virginia Supreme Court of Appeals in the
2012 primary and general elections; establishing the Supreme Court
of Appeals Public Campaign Financing Fund and sources of revenue
for the fund; authorizing transfer from the Treasurer's Unclaimed
Property Trust Fund to the fund for three years; authorizing tax
checkoff program; authorizing attorney fees; authorizing fair
administration of justice court fees; requiring an applicant for
public campaign financing to complete a declaration of intent and
setting forth the manner in which an application for funding may be
made; setting forth eligibility criteria for qualifying candidates;
allowing participating candidates to raise funds from private
sources and spend exploratory contributions; requiring candidates
seeking public campaign funds to collect a required number of
qualifying contributions; requiring candidates to provide detailed
receipts to contributors and to the State Election Commission for
exploratory and qualifying contributions; requiring participating
candidates to comply with all provisions of the act; requiring the
State Election Commission to certify eligible candidates and
setting forth the procedure for certification; providing for
challenges to certification; providing for revocation of
certification; providing for withdrawal from program; providing for
distribution of funds from the Public Campaign Financing Fund to
qualified candidates for funding election campaigns; specifying the
amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating
candidates' contributions and spending; prohibiting participating
candidates from accepting private contributions other than as
specifically set forth in the act; providing for repayment of funds
under certain circumstances; providing for penalties; prohibiting
the use of personal funds for certain purposes; permitting
qualified candidates to raise funds from private sources when there
is insufficient money in the Public Campaign Financing Fund to make
a complete distribution to all qualified candidates; requiring
certain disclosures; requiring candidates to keep records and
report to the State Election Commission; providing for additional
funds when independent expenditures or opponent expenditures exceed
certain limits; setting forth certain duties of the State Election
Commission and the Secretary of State; authorizing rules;
authorizing the creation of a voters' guide; providing for the
deposit of certain revenue into the fund; requiring repayment of
excessive expenditures by candidates; providing both civil and
criminal penalties for violations of the act; and expiring the act
in 2013.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators White, Green, Laird, Yost and D. Facemire:
Senate Bill No. 234--A Bill to amend and reenact §61-8B-10 of
the Code of West Virginia, 1931, as amended, relating to increasing
the penalties for sexual intercourse or sexual intrusion on
incarcerated persons to not less than ten nor more than twenty-five years or fined not more than $10,000.
Referred to the Committee on the Judiciary.
By Senators Browning, McCabe, White, Unger, Stollings, Chafin,
Plymale, D. Facemire, Foster, Kessler, Laird and Palumbo:
Senate Bill No. 235--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-
2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10, §5B-2H-11 and §5B-
2H-12, all relating to the Creative Communities Development Pilot
Program; providing legislative findings and intent; creating the
Creative Communities Development Fund; establishing the Creative
Communities Development Board; providing requirements for
applications for the use of matching funds from the Creative
Communities Development Fund; providing for review of applications
by the West Virginia Development Office; establishing that the
Creative Communities Development Board shall have the authority to
approve matching grants from Creative Communities Development Fund;
establishing matching requirements from applicants; establishing
eligible expenditures; defining parameters of agreement between
West Virginia Development Office and a community for use of grant
funds; providing for a review and audit of expenditures by West
Virginia Development Office; and providing for review of Creative
Communities Development Pilot Program.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Williams, White, Stollings, Chafin, D. Facemire and Kessler:
Senate Bill No. 236--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-32-1, §19-32-2, §19-32-3, §19-32-4 and §19-32-5, all
relating to aquacultural development in West Virginia; short title;
definitions; findings and purpose; Department of Agriculture
powers; and creating an advisory board.
Referred to the Committee on Agriculture; and then to the
Committee on Economic Development.
By Senators McCabe, Snyder, Browning, Unger, Guills, Yost,
Stollings, Chafin, Plymale, Edgell, Foster, Bowman, Kessler, Caruth
and Palumbo:
Senate Bill No. 237--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §13-2H-1, §13-2H-2, §13-2H-3, §13-2H-4, §13-2H-5, §13-
2H-6, §13-2H-7, §13-2H-8, §13-2H-9, §13-2H-10, §13-2H-11 and §13-
2H-12; and to amend and reenact §29-22C-27 of said code, all
relating to the authorization of municipalities, county commissions
and certain boards of education to issue revenue bonds secured by
lottery revenue for the purpose of acquiring or constructing public
projects.
Referred to the Committee on Finance.
By Senators White, Green, Laird, Yost, Deem, Stollings, Chafin
and D. Facemire:
Senate Bill No. 238--A Bill to amend and reenact §5A-11-3 and
§5A-11-6 of the Code of West Virginia, 1931, as amended, all relating to the Public Land Corporation, powers and duties; the use
of mineral rights to benefit state agencies, institutions or
departments; competitive bidding and notice requirements before the
development or extraction of minerals on certain lands; and related
standards.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 239--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to requirements governing
groundwater standards.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Department of Administration to promulgate a
legislative rule relating to state-owned vehicles.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 241--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to animal disease control.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 242--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 integrated pest management programs in
schools and child care centers and facilities.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 243--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 West Virginia shellfish.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 244--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Athletic Commission to promulgate a legislative
rule relating to the administration of the commission.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 245--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to the procedures, criteria
and curricula for examinations and licensure of barbers,
cosmetologists, manicurists and aestheticians.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 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 Barbers and Cosmetologists to
promulgate a legislative rule relating to the standard of ethics.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 247--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 continuing education.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 248--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 hearing procedures.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 249--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to the qualifications,
training, examination and licensure of instructors in barbering and
beauty culture.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 250--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 Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 251--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 operation of barber,
beauty shops and schools of barbering and beauty culture.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 252--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to a schedule of fees.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 253--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to a schedule of fines.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 254--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 disciplinary and
complaint procedures.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 255--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Conservation Agency to promulgate a legislative
rule relating to the operation of the West Virginia State
Conservation Committee and conservation districts.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 256--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers Retirement
System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 257--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public Employees
Retirement System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 258--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to refund, reinstatement and
loan interest factors.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 259--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 Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 260--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 the recording of inmate telephone
calls.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 261--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 the monitoring of inmate mail.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Examiners in Counseling to promulgate
a legislative rule relating to marriage and family license renewal
and continuing professional education.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 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 Examiners in Counseling to promulgate
a legislative rule relating to licensed professional counselor
fees.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Examiners in Counseling to promulgate
a legislative rule relating to licensed professional counselor
license renewal and continuing professional education requirements.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 265--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners in Counseling to promulgate
a legislative rule relating to marriage and family therapists'
licensing.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 266--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners in Counseling to promulgate
a legislative rule relating to marriage and family therapists'
fees.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 267--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction
and major modification of major stationary sources of air pollution
for the prevention of significant deterioration.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 268--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 269--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction
and major modification of major stationary sources of air pollution
which cause or contribute to nonattainment.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 270--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal
facilities.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 271--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 acid rain provisions and
permits.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 272--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 273--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to ambient air quality
standards.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 274--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 the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 275--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 covered electronic
devices takeback program.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 276--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste
management systems.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 277--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 National Pollutant
Discharge Elimination System (NPDES) Program.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 278--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 water pollution control
permit fee schedules.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 279--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 WV/NPDES rules for
coal mining facilities.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 280--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to monitoring wells.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 281--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to monitoring well design
standards.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
Senators Prezioso, White, Oliverio, Jenkins, Stollings,
Plymale, McCabe, Edgell and Kessler offered the following
resolution:
Senate Resolution No. 4--Designating January 20, 2010, as "Disability Advocacy Day."
Whereas, There are more than 400,000 West Virginians with
disabilities; and
Whereas, People with disabilities have the right to equal
opportunity to live full productive lives in the community of their
choice; and
Whereas, People with disabilities have the right to receive
the support they need to exercise self-determination, achieve
independence, contribute to their communities, and become
productive employees in the workplace; and
Whereas, Organizations representing the rights and issues that
affect people with disabilities and West Virginia's citizens with
disabilities, family members and other advocates have banded
together in a collective group, called the Fair Shake Network, to
help bring their concerns to the forefront of public awareness; and
Whereas, The purpose of Disability Advocacy Day is to increase
the awareness of legislators, administrators, policymakers, and the
public of the public policy issues that are important to people
with disabilities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 20, 2010, as
"Disability Advocacy Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
Fair Shake Network.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, January 21, 2010, at 11 a.m.
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