sdj-09th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
NINTH DAY
____________
Charleston, W. Va., Thursday, January 20, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Clay Phillips, First
Baptist Church, Welch, West Virginia. Michelle Cook, Hospice Care
Consultant for Hospice Compassus serving McDowell and Mercer
counties then proceeded in the singing of "The Star-Spangled
Banner" and "Basics of Life".
Pending the reading of the Journal of Wednesday, January 19,
2011,
On motion of Senator Unger, the Journal was corrected on page
two, in the report from the Committee on the Judiciary as to
Senate Bill No. 61, Authorizing Supreme Court appoint hearing
officers for juvenile drug courts.
The words "And reports the same back with the recommendation
that it do pass." were stricken and a corrected recommendation was
inserted to read as follows: "And reports the same back with the
recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance."
In accordance with the foregoing motion, Senate Bill No. 61,
under the original double committee reference, was then referred to
the Committee on Finance.
Thereafter, on motion of Senator Laird, the Journal, as
corrected, 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 third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2464--A Bill to amend and
reenact §6B-2-6 and §6B-2-7 of the Code of West Virginia, 1931, as
amended, and to amend and reenact §6B-3-2 of said code, all
relating to the Ethics Act; requiring public servants to disclose
additional information on financial disclosure statements; defining
a new term; directing the ethics commission to publish and make
available to the public notice of delinquent filing of financial
statements; providing that the ethics commission publish financial
statements in certain circumstances; clarifying existing
requirements; and prohibiting certain public employees and servants
from registering as a lobbyist during and for a year following state government employment.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Kessler (Acting President), from the Committee on
Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Resolution No. 6, Amending Senate Rule Nos. 3 and 27.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Resolution No. 6 (originating in the
Committee on Rules)--Amending Senate Rule Nos. 3, 14, 15, 27 and
62, all relating generally to the officers, organization and
operation of the Senate.
Resolved by the Senate:
That Senate Rule No. 3 be amended to read as follows:
Officers
3.The Senate, at the commencement of each new Legislature,
shall elect as its officers a President, Clerk, Sergeant at Arms
and Doorkeeper. If at any time the President
becomes acting is
obligated to act as Governor pursuant to Article VII, Section 16 of
the West Virginia Constitution, the Senate shall immediately elect
one of its remaining members to serve as
acting Acting President.
The
acting Acting President shall act and serve at all times when
the duly elected President is
serving as acting acting as Governor
and shall perform all of the duties of the office of Senate President without limitation
: Provided, That the , including any
duties imposed by the West Virginia Constitution, any statute, the
Senate Rules and any adopted Joint Rules of the Senate and House of
Delegates, and he or she shall receive the compensation and
expenses of the President of the Senate as provided in article two-
a, chapter four of the Code of West Virginia. The acting Acting
President shall not be in the line of succession
for acting to act
as Governor under the provisions of Article VII, Section 16 of the
West Virginia Constitution. The vote of a majority of all the
members elected to the Senate shall be necessary for the election
of these officers and the vote shall be by voice vote and be
entered upon the Journal.;
That Senate Rule No. 14 be amended to read as follows:
Bills and Resolutions
14.No Senate bill, other than a Senate supplementary
appropriation bill, and no Senate joint resolution shall be
introduced in the Senate after the forty-first day of a regular
session unless permission to introduce the bill or the joint
resolution be given by a Senate resolution, setting out the title
to the bill or the joint resolution and adopted by a two-thirds
vote of the Senate members present. When permission is requested
to introduce a bill or joint resolution under the provisions of
this rule,
quadruplicate duplicate copies of the bill or the joint
resolution shall accompany the resolution when introduced
and all such bills or joint resolutions shall be filed electronically with
the Clerk's office.
A standing committee of the Senate may originate a bill or
resolution and report the same after the forty-first day.
The forty-first day of the regular session held in the year one
thousand nine hundred seventy-seven and every fourth year
thereafter shall be computed from and include the second Wednesday
of February of such years.;
That Senate Rule No. 15 be amended to read as follows:
15.Each bill or resolution for introduction shall be
presented in
quadruplicate duplicate and electronically, bearing
the name of the member or members by whom it is to be introduced,
and shall be filed with the Clerk not later than twelve o'clock
meridian on the legislative day next preceding its introduction:
Provided, That the pre-filing requirement shall not apply to the
first day of any session of the Legislature. A bill may be
introduced by request. All bills introduced by request shall bear
the words "by request", following the designation of the name or
names of the bill sponsor or sponsors.
The Clerk shall designate one copy of a bill or resolution the
official copy and it shall constitute the official bill or
resolution for use of committees and for the permanent files of the
Senate. One copy shall be used for printing
and copying, one for
the use of the news media and one for the Clerk's general office files.;
That Senate Rule No. 27 be amended to read as follows:
Committees
27.At the commencement of each Legislature, standing
committees shall be appointed, each committee to consist of the
number of members indicated in the parentheses following the naming
of the committee. The following committees shall be named:
1.On Agriculture (11).
2.
On Banking and Insurance (13).
3.On Confirmations (9).
4.On Economic Development (14).
5.
On Education (14).
6.On Energy, Industry and Mining (13).
7. On Enrolled Bills (5).
7. 8. On Finance (17).
8. 9. On Government Organization (14).
9. 10. On Health and Human Resources (13).
10. 11. On Interstate Cooperation (7); (the President
presiding officer of the Senate is to be ex officio
co-chairperson).
11. 12. On the Judiciary (17).
12. 13. On Labor (11).
13. 14. On Military (9).
14. 15. On Natural Resources (13).
15. 16. On Pensions (7).
16. 17. On Rules (10) (11); (the President presiding
officer of the Senate is to be ex officio
chairperson).
17. 18. On Transportation and Infrastructure (9).;
And,
That Senate Rule No. 62 be amended to read as follows:
Parliamentary Procedure
62.In all cases not provided for by
these the Rules of the
Senate or
any adopted Joint Rules of the Senate and House of
Delegates, the Senate shall be governed by
Jefferson's Manual and
Rules of the House of Representatives of the United States Congress
and practices thereunder.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair ex officio.
At the request of Senator Unger, unanimous consent being
granted, the resolution (Com. Sub. for S. R. No. 6) contained in
the preceding report from the Committee on Rules was taken up for
immediate consideration.
Following discussion,
On motion of Senator Hall, the following amendments to the resolution were reported by the Clerk and considered
simultaneously:
On page one, by striking out everything after the Resolved
clause and inserting in lieu thereof the following:
That the rules of the Senate in effect at the expiration of
the seventy-ninth Legislature are hereby adopted and shall govern
the proceedings of the regular sessions of the eightieth
Legislature and any extraordinary sessions insofar as applicable,
subject to amendment as provided by Rule 60.
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Com. Sub. for Senate Resolution No. 6--Adopting rules of the
Senate.
Senator Unger arose to a point of order that Senator Hall's
amendments to the resolution (Com. Sub. for S. R. No. 6) were not
germane to the resolution.
Which point of order, the President ruled well taken.
Senator Hall then appealed the ruling of the Chair.
The question being "Shall the Chair be sustained?"
On this question, Senator Unger demanded the yeas and nays.
The roll being taken, the yeas were: Beach, Browning,
Edgell, D. Facemire, Foster, Green, Klempa, Laird, McCabe, Miller,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--22.
The nays were: Barnes, Boley, Chafin, K. Facemyer, Fanning,
Hall, Helmick, Jenkins, Nohe, Sypolt and Tucker--11.
Absent: Tomblin (Mr. President)--1.
So, a majority of those present and voting having voted in
the affirmative, the Acting President declared the Chair sustained.
The question now being on the adoption of the resolution
(Com. Sub. for S. R. No. 6), and on this question, Senator Unger
demanded the yeas and nays.
The roll being taken, the yeas were: Beach, Browning,
Edgell, D. Facemire, Foster, Green, Klempa, Laird, McCabe, Miller,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--23.
The nays were: Barnes, Boley, Chafin, K. Facemyer, Fanning,
Hall, Helmick, Jenkins, Nohe and Sypolt--10.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the resolution
(Com. Sub. for S. R. No. 6) adopted.
Senator Helmick requested unanimous consent that the remarks
by Senators Unger and Jenkins regarding the adoption of Committee
Substitute for Senate Resolution No. 6 be ordered printed in the
Appendix to the Journal.
Which, consent was not granted, Senator Prezioso objecting.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, his foregoing objection was withdrawn.
At the request of Senator Helmick, unanimous consent being
granted, the remarks by Senators Unger and Jenkins regarding the
adoption of Committee Substitute for Senate Resolution No. 6 were
ordered extended in the Journal of Friday, January 21, 2011.
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 Jenkins, Snyder, Browning, Palumbo, McCabe,
Plymale and Minard:
Senate Bill No. 220--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-
4-6 and §39A-4-7, all relating to creating the Uniform Real
Property Electronic Recording Act; providing short title; defining
certain terms; clarifying validity of electronic documents and
electronic signatures; providing for recording of electronic
documents; requiring any county clerk implementing the provisions
of the act to comply with established standards; authorizing county
clerks to receive, index, store, archive and transmit electronic
documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to
convert paper documents accepted for recording into electronic
documents; authorizing county clerks to collect electronically any
tax or fee relating to electronic recording of real property
documents they are authorized by law to collect; authorizing county
clerks to agree with other jurisdictions on procedures or processes
necessary for electronic recording of documents; creating the Real
Property Electronic Recording Standards Council to develop the
standards necessary to electronically record real property
documents; authorizing a legislative rule; providing for a report
and recommendations to the Legislature; providing that members of
the Real Property Electronic Recording Standards Council pay their
own expenses; setting forth areas for consideration when adopting
or changing standards; providing for uniformity of application and
construction of the act; and providing that this act modifies,
limits and supersedes certain parts of the federal Electronic
Signatures in Global and National Commerce Act.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 221--A Bill to amend and reenact §7-14D-7
of the Code of West Virginia, 1931, as amended, relating to the
authority of the West Virginia Consolidated Public Retirement Board
to determine the participating employer contribution rate for the Deputy Sheriff Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 222--A Bill to amend and reenact §8-22A-12
of the Code of West Virginia, 1931, as amended, relating to the
West Virginia Municipal Police Officers and Firefighters Retirement
System; and ensuring the continued qualification of the system
under federal tax laws by adopting an amendment to the system
required by Section 824 of the Pension Protection Act of 2006 (P.L.
109-280) permitting direct rollovers to Roth IRAs.
Referred to the Committee on Pensions; and then to the
Committee on Government Organization.
By Senators Foster, Chafin, Jenkins, Laird, Minard, Palumbo,
Snyder, Williams, Hall, Nohe, Plymale, Miller, Klempa and Kessler
(Acting President):
Senate Bill No. 223--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-
14-6, §61-14-7 and §61-14-8, all relating to civil and criminal
forfeiture actions related to criminal activity; establishing
general rules for civil forfeiture proceedings; civil proceedings
pertaining to property and assets used in, acquired, gained or
flowing from various criminal fraudulent activities; providing definitions; statement of purpose of forfeitures for certain
offenses of fraud; property subject to forfeiture; provisional
title to property subject to forfeiture; seizure of property;
seizure and disposition of forfeited and other property;
interference with or diminishing forfeitable property; providing
right to trial by jury; care of property in law-enforcement
custody; sale of forfeited property, application of proceeds and
forfeiture funds; and providing exceptions.
Referred to the Committee on the Judiciary.
By Senators McCabe, Foster, Wells and Kessler (Acting
President):
Senate Bill No. 224--A Bill to repeal §16-27A-1 and §16-27A-
2 of the Code of West Virginia, 1931, as amended, all relating to
the ban on construction of nuclear power plants.
Referred to the Committee on Energy, Industry and Mining;
and then to the Committee on the Judiciary.
By Senators McCabe, Browning, Unger, Foster, Jenkins,
Stollings, Wells, Minard and Klempa:
Senate Bill No. 225--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5E-3-1, §5E-3-2, §5E-3-3, §5E-3-4, §5E-3-5, §5E-3-6,
§5E-3-7, §5E-3-8, §5E-3-9, §5E-3-10 and §5E-3-11; and to amend and
reenact §31-15-6 of said code, all relating to the creation of an
innovation and development program; providing a short title; declaration of policy; setting forth purposes; providing
definitions; authorizing and directing the Economic Development
Authority to propose rules to implement its provisions and provide
for the effective and efficient administration of the program;
authorizing the authority to provide technical and professional
assistance to entrepreneurs in the state; authorizing the authority
to make qualified investments and loans; authorizing recoverable
revenue credits to private investors for investments in qualified
investment companies pursuant to rules to be promulgated by the
authority; authorizing tax credits to investors in qualified
community development entities; creating a revolving fund to
deposit all profits collected by the Economic Development
Authority; and specifying disclosure, conflict of interest and
confidentiality standards for the operation of the innovation and
development program.
Referred to the Committee on Economic Development; and then
to the Committee on Finance.
By Senators McCabe, Snyder, Wells, Klempa and Kessler
(Acting President):
Senate Bill No. 226--A Bill to amend and reenact §5-11-2,
§5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §5-11-9a; and to amend and reenact §5-11A-
3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices generally; prohibiting
discrimination based upon age or sexual orientation in housing;
defining "sexual orientation" and "age"; correcting internal
citations; exempting religious institutions from the sexual
orientation proscriptions of this bill when such employment
comports with specific criteria; and defining "religious
institutions".
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Browning, Unger, Plymale, Kessler (Acting
President), McCabe, Prezioso, Stollings, Klempa, Foster, Jenkins
and Minard:
Senate Bill No. 227--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.
Senators Palumbo, Foster, Jenkins, Browning, McCabe,
Plymale, Prezioso, Minard, Klempa, Kessler (Acting President),
Stollings and Wells offered the following resolution:
Senate Resolution No. 8--Designating Thursday, January 20,
2011, as "Generation West Virginia Day" at the Legislature.
Whereas, Generation West Virginia is the statewide movement
committed to cultivating and engaging young talent, those 21 to 45;
and
Whereas, The future of West Virginia relies heavily on the
retention, recruitment, and advancement of young talent to ensure
that our intellectual capital base is strong for the future success
of our state's economy, communities and intellectual
infrastructure; and
Whereas, This collaborative and dynamic group of young
talent within Generation West Virginia is creating an outstanding positive image within our state and on the national level by
serving as a model for promoting young leaders and making our state
a destination for young talent; and
Whereas, Generation West Virginia is an innovative,
results-oriented, and dedicated organization that represents young
talent from all walks of life, careers, communities who are
committed to a positive and strong present and future for our great
state; and
Whereas, Those 21 to 45 years of age in West Virginia
include more than 600,000 of our state's population and represent
our state's future base of workers, dreamers, innovators,
educators, entrepreneurs, leaders and most importantly our hope for
a successful future; and
Whereas, These young leaders are not just the future of our
state, but the rising leaders of today who are making it possible
for West Virginia to compete successfully with the world; and
Whereas, By working to make our state attractive for young
talent, steps are being taken to encourage a "brain gain" for West
Virginia that will build a strong future for our state to become a
global leader; and
Whereas, The Senate recognizes the importance of this
growing movement and will listen and collaborate with its
leadership and regional organizations to develop positive solutions
and opportunities to create an abundance of prosperity in our state; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Thursday, January 20,
2011, as "Generation West Virginia Day" at the Legislature and
encourages all citizens to join the Senate in this observance; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the
representatives of Generation West Virginia.
At the request of Senator Palumbo, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Laird, D. Facemire, Edgell, Foster, Jenkins,
Browning, Plymale, Prezioso, Miller, Minard, Klempa, Kessler
(Acting President), Wells and Stollings offered the following
resolution:
Senate Resolution No. 9--Designating January 20, 2011, as
"Professional Counselor Day" at the Legislature.
Whereas, Professional Counselors are distinct professionals
with both national and state standards of preparation and certification; and
Whereas, There are both nationally accredited and other
graduate programs dedicated to the preparation of Professional
Counselors; and
Whereas, There are legislative requirements in West Virginia
for the credentialing of Professional Counselors; and
Whereas, There are both state and national associations
dedicated to advancing the scientific, educational and
philosophical foundations of the counseling profession and its
members; and
Whereas, Mental illness ranks first in terms of causing
disability in the United States; and
Whereas, Professional Counselors are committed to increasing
community awareness about mental illness and its effects on
people's lives; and
Whereas, There is evidence that counseling services help to
alleviate and prevent both acute and transitional human development
challengers; and
Whereas, Professional Counselors are highly skilled
professionals who provide flexible consumer oriented therapy; and
Whereas, There are individuals, couples, families, groups
and organizations within our society for whom counselors advocate
and serve; and
Whereas, Professional Counselors utilize assessment techniques and tools that provide a practical, problem-solving
approach that creates a dynamic and efficient path for change and
problem resolution; and
Whereas, Professional Counselors are committed to the
prevention, enhancement and the facilitation of optimum wellness
across the life span; and
Whereas, Professional Counselors work in a variety of
settings, including independent practice, community agencies,
hospitals, employee assistance programs, military, government and
educational institutions to provide resources and guidance that
promotes wellness; and
Whereas, Professional Counselors dedicate themselves to
excellence in the profession of Mental Health Counseling through
licensing, advocacy, education and professional development; and
Whereas, The Senate recognizes and appreciates the
outstanding dedication of Professional Counselors for their caring,
commitment and making a difference in the life of others;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 20, 2011, as
"Professional Counselor Day" at the Legislature; and, be it
Further Resolved, That the Clerk is hereby directed to
forward a copy of this resolution to the appropriate officials
representing Professional Counselors.
At the request of Senator Laird, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Kessler (Acting President), Green, Unger, Browning,
McCabe, Stollings, Sypolt, Plymale, K. Facemyer, Williams, Minard,
Hall, Laird, Jenkins, Boley, Nohe, Yost, Klempa, Wells, Prezioso,
Beach, Miller, Palumbo, Snyder, Edgell, D. Facemire and Tucker
offered the following resolution:
Senate Resolution No. 10--Urging the U.S. Environmental
Protection Agency to reconsider its January 13, 2011, action to
veto the permit issued by the U.S. Army Corps of Engineers for the
Spruce Mine in Logan County, West Virginia.
Whereas, The Senate, during the 2010 Regular Legislative
Session, expressed its will by adopting SCR No. 61 urging the EPA
not to veto the Spruce Mine Permit; and
Whereas, The House, during the 2010 Regular Legislative
Session, adopted HCR 111 which further enunciated the intent of the
Legislature with respect to West Virginia's "narrative water
quality standards" and upon such, urged EPA to recognize
Congressional Intent as enacted in the Federal Water Pollution Control Act whereby Congress declared that "it is the policy of
Congress to recognize, preserve and protect the primary
responsibilities and rights of States to prevent, reduce, and
eliminate pollution, to plan the development and use of land and
water resources...."; and
Whereas, The Legislature, found the U.S. Army Corps of
Engineers issued a permit to the Spruce Mine in Logan County, West
Virginia after years of intensive review, including the conclusion
of a full environmental impact statement; and
Whereas, In the course of its deliberations regarding the
Spruce Mine, the U.S. Environmental Protection Agency has raised
concerns regarding water quality; and
Whereas, Interpretations and implementation of West
Virginia's water quality standards is the responsibility of the
West Virginia Legislature and the West Virginia Department of
Environmental Protection, who has previously determined that the
Spruce Mine complies with the water quality standards, including
the narrative standards approved by the Legislature and implemented
by the West Virginia Department of Environmental Protection; and
Whereas, The permit has been in place for three years and
has become operational and employees have been hired; and
Whereas, EPA has heretofore announced its intentions of
vetoing the Spruce Mine permit and advanced proceedings to carry
through with its veto intentions during 2010 in apparent disregard for the rights invested in West Virginia by Congressional Acts to
regulate water quality and in disregard for the State's water
quality standards found to strike a healthy balance between high
environmental quality and economic growth opportunities; and
Whereas, The permit veto issued by the U.S. Environmental
Protection Agency will certainly result in the loss of jobs and
investments at Spruce Mine Company in Logan County, West Virginia
and will have a major impact, no only to Logan County, West
Virginia, but will further impact the financial stability of the
State of West Virginia in an unstable economy; therefore, be it
Resolved by the Senate:
That the Senate hereby urges the U.S. Environmental
Protection Agency to reconsider the permit veto for the Spruce Mine
in Logan County, West Virginia based on its recognition of the
comprehensive nature of West Virginia water quality standards; and,
be it
Further Resolved, That the Senate as a body takes the lead
in facilitating a multi-state response to provide a stronger, more
cohesive and coordinated voice on matters involving EPA and
national coal and energy issues; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the U.S.
Environmental Protection Agency, the U.S. Army Corps of Engineers,
the U.S. Council of Environmental Quality, the members of the West Virginia Delegation to the Congress of the United States and the
President of the United States.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
On motion of Senator Green, the following amendments to the
resolution (S. R. No. 10) were reported by the Clerk, considered
simultaneously, and adopted:
On page two, in the fifth Whereas, after the word "is" by
inserting the word "also";
On page two, in the seventh Whereas, after the words "Acts
to" by inserting the word "also";
On page two, after the seventh Whereas clause, by inserting
the following:
"Whereas, The EPA in its veto has failed to provide guidance
on correcting the Spruce Mine permit; and";
On page three, after the first Resolved, by inserting the
following:
"
Further Resolved, That the Senate urges the EPA to provide
clear and concise guidance to Spruce Mine on how to correct its
permit; and, be it
Further Resolved, That the Senate expresses the sentiment
that mining in West Virginia can be done safely, efficiently and
profitably while protecting the water quality of the State; and, be it".
The question now being on the adoption of the resolution,
as amended, the same was put and prevailed.
Thereafter, at the request of Senator Browning, and by
unanimous consent, the remarks by Senator Green regarding the
adoption of Senate Resolution No. 10 were ordered printed in the
Appendix to the Journal.
On motion of Senator Browning, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Unger, unanimous consent being
granted, Senators Kessler (Acting President), Prezioso and Hall
offered the following resolution from the floor:
Senate Concurrent Resolution No. 7--Relating to the payment
of bills for supplies, services and printing and authorized
contingent and other expenses of the eightieth Legislature.
Resolved by the Legislature of West Virginia:
That for the regular and any extraordinary session of the
eightieth Legislature, the Auditor of West Virginia, in advance of
the appropriation for such purposes, is hereby authorized, upon
proper requisition of the Clerk of the Senate and the Clerk of the
House of Delegates, to pay bills for supplies and for services
furnished to the Legislature preparatory to the beginning of, during and following the adjournment of sessions, including
contingent expenses of the respective houses; the per diem of
officers, other than the President of the Senate and the Speaker of
the House of Delegates, and employees of the Senate and of the
House of Delegates; travel expenses of members as authorized by
law; bills for legislative printing as the accounts for same become
due; and any other authorized contingent and other expenses of the
Legislature or the respective houses.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the
same was put and prevailed.
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate and request concurrence therein.
Petitions
Senator Stollings presented a petition from Charles Murphy
and numerous Logan County residents, requesting the removal of the
Cherry Tree and Copperas Fork bridges.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 60, Authorizing probation
officers' supervision of sex offenders pending availability of multijudicial officer.
On first reading, coming up in regular order, was read a
first time and ordered to second reading.
On motion of Senator Unger, a leave of absence for the day
was granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of
the Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Friday, January 21, 2011, at 11 a.m.
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