Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2011)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal



Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17
Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 62
Day 63
Day 64
Day 65
Day 66
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.
____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **