__________*__________
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.