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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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