__________*__________



Tuesday, November 17, 2009

FIRST DAY

[Mr. Speaker, Mr. Thompson, in the Chair]


     Pursuant to the Proclamation of His Excellency, the Governor, issued the thirteenth day of November, 2009, and hereinafter set forth, convening the Legislature in Extraordinary Session on the seventeenth day of November, 2009, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston, and at 1:00 p.m., was called to order by the Speaker, the Honorable Richard Thompson.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The roll being called (Roll No. 607), and 94 Delegates having answered to their names, the Speaker declared a quorum.
Messages from the Executive

     The Speaker laid before the House of Delegates the Proclamation of His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

Charleston

A PROCLAMATION

     I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call the Legislature of West Virginia to convene in Extraordinary Session at one o'clock postmeridian on the seventeenth day of November, two thousand nine, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:
     FIRST: A resolution honoring United States Senator Robert C. Byrd as the longest serving congressman in United States history.
     SECOND: Legislation relating to orders of expungement and clarifying that records of the Governor, the Secretary of State and the Legislature pertaining to a grant of pardon are not subject to an order of expungement.
     THIRD: Legislation relating to the issuance of federal recovery zone bonds; authorizing counties to issue recovery zone bonds; allocating recovery zone bond volume cap; and establishing a procedure for the reallocation, suballocation and waiver of recovery zone bond volume cap.
     FOURTH: Legislation relating to the state retirement systems and amending the code to bring the state retirement systems into compliance with certain provisions of the Internal Revenue Code.
     FIFTH: Legislation relating to the motor fuel excise tax; adjusting the flat rate portion of the tax to maintain current values; adjusting the computation of the average wholesale price component of the tax and raising the minimum average wholesale price to current values; expiring the Motor Fuel Excise Tax Shortfall Reserve Fund; and transferring funds to the State Road Fund for the purpose of reconstructing, renovating, maintaining and repairing secondary roads.
     SIXTH: Legislation relating to the fiscal year 2010 mandatory employer contribution to the West Virginia Retirement Health Benefits Trust Fund and requiring employers to be billed for the minimum annual employer payment only.
     SEVENTH: Legislation relating to absentee voting for uniform services members and citizens residing outside the United States and establishing a pilot program for the May 11, 2010, primary election.
     EIGHTH: Legislation relating generally to the administration of retirement benefits for professional police officers and professional firefighters; adopting a voluntary method of financing for existing professional police officer and professional firefighter pension debt; establishing a professional police officer and professional firefighter pension oversight board; and creating a statewide professional police officer and professional firefighter retirement system.
     NINTH: Legislation relating to definitions and the tracking of credits awarded under the Alternative and Renewable Energy Portfolio Act; deleting supercritical technology from the definition of advanced coal technology; allowing credits for certain energy efficiency and demand- side projects; maintaining the confidentiality of certain credit pricing data; and allowing the Public Service Commission to coordinate with certain entities to track and award credits.
     TENTH: Legislation to authorize and appropriate the expenditure of public moneys to pay the expenses of this extraordinary session.
     ELEVENTH: Certain supplementary appropriation bills.
     TWELFTH: Certain ceremonial and memorial resolutions.
     IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great
Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of West Virginia, this the thirteenth day of November, in the year of our Lord, Two Thousand Nine, and in the One Hundred Forty-Seventh year of the State.

BY THE GOVERNOR
Natalie E. Tennant
Secretary of State.

 On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation by which it had been called together.
 Whereupon,
 The Speaker appointed as members of such committee:
 Delegates Wooton, Ross and Anderson.
 On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation.
 Whereupon,
 The Speaker appointed as members of such committee:
 Delegates Klempa, Ferro and Ireland.
 Delegate Wooton, from the Committee to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to proceed to the business of the session, announced that the committee had discharged its duty.
 Delegate Klempa, from the Committee to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session, announced the performance of that duty.
Messages from the Senate

 A message from the Senate, by
 Senators Jenkins, White and Sypolt, announced that the Senate had convened in extraordinary session, pursuant to the Proclamation of the Governor, with a quorum present, and was ready to enter upon the business for which the Legislature had been called together.
Resolutions Introduced

 Mr. Speaker, Mr. Thompson, and Delegates Argento, Barker, Beach, Boggs, Brown, Butcher, Campbell, Caputo, Cann, Craig, Crosier, Doyle, Eldridge, Ennis, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Klempa, Kominar, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Reynolds, Rodighiero, Ross, Shaver, Shook, Skaff, Smith, Spencer, Staggers, Stephens, Stowers, Susman, Swartzmiller, Talbott, Varner, Walker, Webster, Wells, White, Williams, Wooton, Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, McGeehan, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters offered the following resolution, which was read by the Clerk as follows:
 H. R. 401 - "Recognizing and honoring the Honorable Robert C. Byrd as a distinguished public servant, dedicated statesman, a great asset to his State and Country, and the longest serving member of the United States Congress by designating November 18, 2009, as 'The Honorable Robert C. Byrd Day'."
 Whereas, The Honorable Robert C. Byrd has held more legislative offices than any other statesman in West Virginia history; and
 Whereas, The Honorable Robert C. Byrd was elected to the West Virginia House of Delegates in 1946 and 1948. He was elected to the West Virginia Senate in 1950, and to the United States House of Representatives in 1952, 1954 and 1956; and
 Whereas, With the constant support of his beloved wife, Erma Ora Byrd, the Honorable Robert C. Byrd has served as a member of the United States Senate continuously since January 3, 1959; and
 Whereas, The Honorable Robert C. Byrd has cast more votes than any other member of the United States Senate, including more than 15,580 roll call votes in his career, with a 97.9 percent attendance record during his five decades in the United States Senate; and
 Whereas, In honor of his accomplishments and service to the State, the Honorable Robert C. Byrd was named the "West Virginian of the Year" in 1974, 1977, 1990 and 2002. He was named the "West Virginian of the 20th Century" on May 31, 2001, by a Concurrent Resolution of the West Virginia Legislature; and
 Whereas, Throughout his remarkable life and distinguished career the Honorable Robert C. Byrd has fearlessly defended the United States Constitution and the institution of the United States Senate. In 2004, he worked to enact federal legislation designating September 17 of each year as "Constitution and Citizenship Day"; and
 Whereas, The Honorable Robert C. Byrd has been elected to more leadership positions in the United States Senate than any other senator in the history of our great nation; and
 Whereas, The Honorable Robert C. Byrd became the longest-serving United States Senator on June 12, 2006; and
 Whereas, On November 18, 2009, the Honorable Robert C. Byrd becomes the longest serving member of the United States Congress with fifty-six years, three hundred twenty days of continuous service, surpassing Senator Carl Hayden of Arizona, who served fifty-six years, three hundred nineteen days; therefore, be it
 Resolved by the House of Delegates:  That the House of Delegates hereby acknowledges the extraordinary and exemplary service of the Honorable Robert C. Byrd; and, be it
 Further Resolved, That the House of Delegates hereby designates November 18, 2009, as "The Honorable Robert C. Byrd Day", in recognition of this momentous and historic designation; and, be it
 Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Honorable Robert C. Byrd, the Library of Congress and the West Virginia Division of Culture and History.
 At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 401) to a committee was dispensed with, and it was taken up for immediate consideration.
 The question being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
 The yeas and nays having been ordered, they were taken (Roll No. 608), and there were--yeas 92, nays none, absent and not voting 7, with the nays and absent and not voting being as follows:
 Absent And Not Voting: Argento, Campbell, Hutchins, Manchin, Perry, Schoen and Skaff.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 401) adopted.
Bills Introduced

 On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 
H. B. 401 - "A Bill to amend and reenact §5-1-16a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-11-26 of said code, all relating to clarifying that records of the Governor, the Legislature and the Secretary of State pertaining to a grant of pardon are not subject to an order of expungement."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 401) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on the Judiciary.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 
H. B. 402 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-7-1, §5B-7-2, §5B-7-3, §5B-7-4 and §5B-7-5, all relating to authorizing counties to issue recovery zone bonds; allocating recovery zone bond volume cap; implementing a process for the reallocation, sub-allocation and waiver of recovery zone bonds volume cap; and defining terms."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 402) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Finance.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 
H. B. 403 - "A Bill to amend and reenact §5-10-2, §5-10-22, §5-10-22f, §5-10-27a, §5-10- 27b, §5-10-27c, §5-10-27d and §5-10-29 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-2, §7-14D-3, §7-14D-9, §7-14D-9a, §7-14D-9b, §7-14D-9c, §7-14D-9d and §7- 14D-11 of said code; to amend and reenact §15-2-25b, §15-2-26, §15-2-27, §15-2-37, §15-2-44, §15-2-45 and §15-2-46 of said code; to amend and reenact §15-2A-2, §15-2A-3, §15-2A-6, §15-2A- 6a, §15-2A-6b, §15-2A-6c, §15-2A-6d and §15-2A-8 of said code; to amend and reenact §16-5V-2, §16-5V-4, §16-5V-12, §16-5V-13, §16-5V-14, §16-5V-14a, §16-5V-16 and §16-5V-18 of said code; to amend and reenact §18-7A-3, §18-7A-14, §18-7A-26, §18-7A-26r, §18-7A-28a, §18-7A-28b, §18-7A-28c and §18-7A-28d of said code; to amend and reenact §18-7B-2, §18-7B-12a, §18-7B-13 and §18-7B-13b of said code; and to amend and reenact §51-9-1a, §51-9-12a, §51-9-12b and §51-9- 12c of said code, all relating to the retirement systems administered by the West Virginia Consolidated Public Retirement Board and ensuring the plans' qualification under federal tax laws; clarifying the definitions of the Public Employees Retirement System ('PERS'); revising the PERS retirement annuity provisions and the minimum benefits provisions to comport with the Internal Revenue Service regulations on maximum benefits; clarifying the PERS federal law maximum benefit limitations and federal law minimum required distributions provisions to comply with the Internal Revenue Service regulations on maximum benefits; revising the PERS rollover provisions to comport with the direct rollover requirements, including those made by Section 108(f) of the Worker, Retiree and Employer Recovery Act of 2008 (P.L. 110-458), Sections 822, 824 and 829 of the Pension Protection Act of 2006 (P.L. 109-280), and Section 641(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16); adding clarifying language to ensure that forfeitures under PERS may not be applied to increase a member's benefits; clarifying the definitions of the Deputy Sheriff Retirement System ('DSRS') and adding the definition of 'qualified public safety employee' to comply with Treasury Regulation §1.401(a)-1(b)(2)(v); revising the DSRS retirement annuity commencement of benefits provisions; clarifying the DSRS federal law maximum benefit limitations and federal law minimum required distributions provisions to comply with the Internal Revenue Service regulations on maximum benefits; revising the DSRS rollover provisions to comport with the direct rollover requirements, including those made by Section 108(f) of the Worker, Retiree and Employer Recovery Act of 2008 (P.L. 110-458), Sections 822, 824 and 829 of the Pension Protection Act of 2006 (P.L. 109-280), and Section 641(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16); providing that the DSRS plan will operate under the safe harbor available for plans relating to the 'normal retirement age' requirements when applicable to governmental plans; clarifying the definitions of the Death, Disability and Retirement System (State Police Plan A) and adding the definition of 'qualified public safety employee' to comply with Treasury Regulation §1.401(a)-1(b)(2)(v); revising the State Police Plan A deferred and regular retirement annuity to make subject to Section 415 limitations; clarifying the State Police Plan A federal law maximum benefit limitations and federal law minimum required distributions provisions to comply with the Internal Revenue Service regulations on maximum benefits; revising the State Police Plan A rollover provisions to comport with the direct rollover requirements, including those made by Section 108(f) of the Worker, Retiree and Employer Recovery Act of 2008 (P.L. 110-458), Sections 822, 824 and 829 of the Pension Protection Act of 2006 (P.L. 109-280), and Section 641(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16); providing that the State Police Plan A plan will operate under the safe harbor available for plans relating to the 'normal retirement age' requirements when applicable to governmental plans; clarifying the definitions of the West Virginia State Police Retirement System ('State Police Plan B') and adding the definition of 'qualified public safety employee' to comply with Treasury Regulation §1.401(a)-1(b)(2)(v); revising the State Police Plan B deferred and regular retirement annuity to make subject to Section 415 limitations; clarifying the State Police Plan B federal law maximum benefit limitations and federal law minimum required distributions provisions to comply with the Internal Revenue Service regulations on maximum benefits; revising the State Police Plan B rollover provisions to comport with the direct rollover requirements, including those made by Section 108(f) of the Worker, Retiree and Employer Recovery Act of 2008 (P.L. 110-458), Sections 822, 824 and 829 of the Pension Protection Act of 2006 (P.L. 109-280), and Section 641(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16); providing that the State Police Plan B plan will operate under the safe harbor available for plans relating to the 'normal retirement age' requirements when applicable to governmental plans; clarifying the definitions of the Emergency Medical Services Retirement System ('EMSRS') and adding the definition of 'qualified public safety employee' to comply with Treasury Regulation §1.401(a)-1(b)(2)(v); revising the EMSRS regular retirement annuity to make subject to Section 415 limitations; clarifying the EMSRS federal law maximum benefit limitations and federal law minimum required distributions provisions to comply with the Internal Revenue Service regulations on maximum benefits; revising the EMSRS rollover provisions to comport with the direct rollover requirements, including those made by Section 108(f) of the Worker, Retiree and Employer Recovery Act of 2008 (P.L. 110-458), Sections 822, 824 and 829 of the Pension Protection Act of 2006 (P.L. 109-280), and Section 641(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16); providing that the EMSRS plan will operate under the safe harbor available for plans relating to the 'normal retirement age' requirements when applicable to governmental plans; clarifying the definitions of the Teachers Retirement System ('TRS'); adding clarifying language to insure that forfeitures under TRS may not be applied to increase a member's benefits; revising the TRS retirement annuity provisions and the minimum benefits provisions to comport with the Internal Revenue Service regulations on maximum benefits; clarifying the TRS federal law maximum benefit limitations and federal law minimum required distributions provisions to comply with the Internal Revenue Service regulations on maximum benefits; revising the TRS rollover provisions to comport with the direct rollover requirements, including those made by Section 108(f) of the Worker, Retiree and Employer Recovery Act of 2008 (P.L. 110-458), Sections 822, 824 and 829 of the Pension Protection Act of 2006 (P.L. 109-280), and Section 641(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16); clarifying the definitions of the Teachers Defined Contribution Retirement System ('TDC'); revising the TDC retirement annuity provisions and the minimum benefits provisions to comport with the Internal Revenue Service regulations on maximum benefits; clarifying the TDC federal law maximum benefit limitations and federal law minimum required distributions provisions to comply with the Internal Revenue Service regulations on maximum benefits; revising the TDC rollover provisions to comport with the direct rollover requirements, including those made by Section 108(f) of the Worker, Retiree and Employer Recovery Act of 2008 (P.L. 110-458), Sections 822, 824 and 829 of the Pension Protection Act of 2006 (P.L. 109-280), and Section 641(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16); clarifying the definitions of the Judges Retirement System ('JRS'); clarifying the JRS federal law maximum benefit limitations and federal law minimum required distributions provisions to comply with the Internal Revenue Service regulations on maximum benefits; and revising the JRS rollover provisions to comport with the direct rollover requirements, including those made by Section 108(f) of the Worker, Retiree and Employer Recovery Act of 2008 (P.L. 110-458), Sections 822, 824 and 829 of the Pension Protection Act of 2006 (P.L. 109-280), and Section 641(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16)."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 403) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Finance.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 H. B. 404 - "A Bill to amend and reenact §11-14C-5 and §11-14C-48 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15-18b of said code, all relating to adjusting the minimum values for computations relating to the flat rate and variable rate of the motor fuel excise tax; increasing the annual minimum average wholesale price of motor fuel computation; establishing variable restrictions on the average wholesale price of motor fuel computation; terminating the Motor Fuel Excise Tax Shortfall Reserve Fund; and transferring all moneys remaining in the fund to the State Road Fund for the purpose of reconstructing, renovating, maintaining or repairing secondary roads."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 404) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Finance.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 H. B. 405 - "A Bill to amend and reenact §5-16D-6 of the Code of West Virginia, 1931, as amended, relating to the mandatory employer contribution to the West Virginia Retirement Health Benefits Trust Fund for fiscal year 2010; and requiring each employer to be billed in fiscal year 2010 for an amount equal to the minimum annual employer payment only."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 405) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Finance.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 
H. B. 406 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-3B-1, §3-3B-2, §3-3B-3 and §3-3B-4, all relating to voting by members of the military and citizens residing outside the United States; creating a pilot program for military and overseas voters for the 2010 primary election; allowing a limited number of counties to participate in the pilot project; setting participation requirements; providing for project selection by the Secretary of State; and setting minimum voting system requirements."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 406) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on the Judiciary.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 H. B. 407 - "A Bill to amend and reenact §5-10C-3, §5-10C-4 and §5-10C-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-10D-1 of said code; to amend and reenact §8-22-16, §8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22-23a and §8-22-27 of said code; to amend said code by adding thereto two new sections, designated §8-22-18a and §8-22-18b; to amend said code by adding thereto a new article, designated §8-22A-1, §8-22A-2, §8-22A-3, §8-22A-4, §8-22A-5, §8-22A-6, §8-22A-7, §8-22A-8, §8-22A-9, §8-22A-10, §8-22A-11, §8-22A-12, §8-22A-13, §8-22A-14, §8-22A-15, §8-22A-16, §8-22A-17, §8-22A-18, §8-22A-19, §8-22A-20, §8-22A-21, §8-22A-22, §8-22A-23, §8-22A-24, §8-22A-25, §8-22A-26, §8-22A-27, §8-22A-28, §8-22A-29, §8-22A-30, §8-22A-31 and §8-22A-32; to amend and reenact §33-3-14d of said code; and to amend and reenact §33-12C-7 of said code, all relating to pension benefits for municipal police officers and firefighters; authorizing Consolidated Public Retirement Board to administer a retirement system for newly-hired municipal police officers and firefighters; expanding membership of the retirement board; permitting a municipality by a majority vote of its governing body to close its policemen's or firemen's pension and relief fund to new employees and to place newly-hired municipal police officers and firefighters into a new retirement system entitled the West Virginia Municipal Police Officers and Firefighters Retirement System; permitting an optional method of financing unfunded liabilities of existing municipal policemen's and firemen's pension and relief funds; preserving benefits under existing municipal policemen's and firemen's pension and relief funds; amending duties of local pension boards of trustees; creating the West Virginia Municipal Pensions Oversight Board and establishing powers and duties; providing for rules and emergency rules; creating Municipal Pensions Security Fund; providing for transfer of certain duties from the state Treasurer to the oversight board; amending time in which municipal and employee contributions must be made to pensions and relief funds; increasing contribution requirement for new pension and relief fund members; requiring electronic funds transfer for certain funds; providing for actuary; providing for investment of funds; providing for disability examination and light-duty employment; amending investment requirements and restrictions; creating the West Virginia Municipal Police Officers and Firefighters Retirement System and the West Virginia Municipal Police Officers and Firefighters Retirement Fund; defining terms; establishing eligibility, administration, contributions and benefits; limiting liability; establishing criminal penalties; providing for retroactive membership in certain circumstances; and reallocating tax revenue."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 407) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Pensions and Retirement then Finance.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 H. B. 408 - "A Bill to amend and reenact §24-2F-3 and §24-2F-4 of the Code of West Virginia, 1931, as amended, all relating to the Alternative and Renewable Energy Portfolio Act; discontinuing the use of supercritical technology to qualify as advanced coal technology for the purpose of determining credits; allowing the use of advanced supercritical technology to qualify as advanced coal technology for the purpose of determining credits; allowing the public service commission to certify additional advanced coal technologies; allowing for the utilization of an independent, industry-recognized alternative and renewable energy resource credit tracking system; exempting certain credit pricing data from disclosure under the freedom of information act; allowing for the utilization of an independent and industry-recognized entity to verify and certify greenhouse gas emission reduction or offset projects; and allowing credits for certain energy efficiency and demand-side projects undertaken pursuant to federal requirements."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 408) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Government Organization.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 H. B. 409 - "A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2010, to the Governor's Office - Commission for National and Community Service, fund 8800, fiscal year 2010, organization 0100, to the Department of Commerce - Division of Forestry, fund 8703, fiscal year 2010, organization 0305, to the Department of Education - West Virginia Schools for the Deaf and the Blind, fund 8716, fiscal year 2010, organization 0403, to the Department of Health and Human Resources - Division of Human Services, fund 8722, fiscal year 2010, organization 0511, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 8876, fiscal year 2010, organization 0601, and to the Public Service Commission, fund 8743, fiscal year 2010, organization 0926, by supplementing and amending chapter ten, Acts of the Legislature, regular session, 2009, known as the Budget Bill."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 409) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Finance.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 
H. B. 410 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Bureau of Senior Services, fund 0420, fiscal year 2010, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2010."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 410) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Finance.
 By Mr. Speaker, Mr. Thompson, and Delegate Armstead
 [By Request of the Executive]:
 
H. B. 411 - "A Bill supplementing, amending, and increasing an item of existing appropriation from the State Road Fund to the Department of Transportation - Division of Highways, fund 9017, fiscal year 2010, organization 0803, for the fiscal year ending June 30, 2010."
 At the respective requests of Delegate Boggs, and by unanimous consent, the bill (H. B. 411) was taken up for immediate consideration, read a first time, ordered to second reading and referred to the Committee on Finance.
 Delegates Hutchins and Perry announced that they were absent when the vote was taken on the adoption of the resolution honoring Senator Byrd (H. R. 401, Roll No. 608), and that had they been present, they would have voted "Yea" thereon.
 At 1:30 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

Messages from the Executive

and other Communications

 The Speaker laid before the House of Delegates a communication from the Honorable Robert C. Tabb, resigning his seat as a member from the 56th Delegate District, which was read by the Clerk as follows:
HOUSE OF DELEGATES

WEST VIRGINIA LEGISLATURE

Building 1, Room 210-E

1900 Kanawha Blvd., East

Charleston, WV 25305

October 15, 2009

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
Rom 228M
State Capitol Complex
Dear Mr. Speaker:
 It is with much regret that I inform you that I am resigning my position with the House of Delegates, effective Oct. 31, 2009.
 I have greatly enjoyed the past seven years in the House. But a new opportunity has arisen, one that allows me continued, hands-on involvement in state service, but also provides a chance for me to further expand my vocation: I will be serving as Assistant State Commissioner on Agriculture.
 Although I took tremendous pleasure in working on legislation in committee and participating in votes to adopt major, meaningful legislation, I will most miss one-on-one interaction with constituents, fellow members and House of Delegates staff.
 Thankfully, my work with the Department of Agriculture will allow me to continue to interact with my colleagues in the Legislature and the Administration. I look forward to working with you in the future.
                                   Sincerely,
                                   Delegate Robert C. Tabb
 The foregoing letter of resignation was filed with the Clerk.
 At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

 Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
 Your Committee on Pensions and Retirement has had under consideration:
 H. B. 407, Relating to pension benefits for municipal police officers and firefighters,           
 And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
 In accordance with the former direction of the Speaker, the bill (H. B. 407) was referred to the Committee on Finance.
Leaves of Absence

 At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Campbell, Schoen and Skaff.
Miscelaneous Business

 Delegate Manchin announced that he was absent when the votes were taken on Roll No. 608, and that had he been present, he would have voted "Yea" thereon.
 At 4:07 p.m., the House of Delegates adjourned until 5:00 p.m., Wednesday, November 18, 2009.