WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

FOURTH EXTRAORDINARY SESSION, 2009

THIRD DAY

____________

Charleston, W. Va., Thursday, November 19, 2009

     The Senate met at 12 o'clock Noon.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Roman W. Prezioso, Jr., a senator from the thirteenth district.
     Pending the reading of the Journal of Wednesday, November 18, 2009,
     On motion of Senator Snyder, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following supplement to the proclamation dated November 13, 2009, from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

A P R O C L A M A T I O N

By the Governor

     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 AMEND my Proclamation dated the thirteenth day of November, two thousand nine, calling 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, by amending the ninth item thereof and by including a thirteenth item, all to read as follows:
     NINTH: Legislation relating to definitions and the tracking of credits awarded under the Alternative and Renewable Energy Portfolio Act;
limiting 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 credits for certain energy efficiency and demand-side projects; maintaining the confidentiality of certain credit pricing data; allowing the Public Service Commission to coordinate with certain entities to track and award credits; allowing credits for certain energy efficiency and demand-side projects undertaken pursuant to federal requirements; and requiring a study of the economic impacts of the Alternative and Renewable Energy Portfolio Act on coal and coal mining.
     THIRTEENTH: A resolution supporting the West Virginia coal industry.
     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, on this the nineteenth day of November, in the year of our Lord, Two Thousand Nine, and in the One Hundred Forty-Seventh year of the State.

JOE MANCHIN III,
Governor.
By the Governor:

  NATALIE E. TENNANT,
     Secretary of State.
     The Senate proceeded to the sixth order of business.
     At the request of Senator Chafin, unanimous consent being granted, Senators
Tomblin (Mr. President), Bowman, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost, Barnes, Boley, Caruth, Deem, K. Facemyer, Guills, Hall and Sypolt offered the following resolution from the floor:
     Senate Resolution No. 407--
Expressing the will of the Senate to continue its support of the West Virginia coal industry and requesting that West Virginia's congressional delegation resist and oppose efforts to undermine the future of West Virginia coal.
     Whereas, The coal industry provides salaries and benefits to thousands of West Virginians; and
     Whereas, The coal industry is responsible for millions of dollars of tax revenues that are used to fund important government services and programs; and
     Whereas, The coal industry is vitally important to the economic welfare of this state and its citizens; and
     Whereas, The Legislature, with the leadership and support of the Governor, has worked to enact legislation to ensure the future of West Virginia coal, including the adoption of sweeping coal mine safety reforms, planning requirements for post-mining land use, an alternative and renewable energy portfolio featuring advanced coal technology and a regulatory framework for carbon capture and sequestration projects; and
     Whereas, Recent events at the federal level, most notably the debate over "cap and trade" legislation in Congress and obscure regulatory actions by the Environmental Protection Agency, are casting a shadow of doubt and uncertainty over the future of the coal industry in West Virginia; and
     Whereas, For the sake of those individuals who depend upon coal to support themselves and their families, the House of Delegates, the Senate, the Governor and West Virginia's congressional delegation must work together to secure the future of the coal industry and with it the future of the state; therefore, be it
     Resolved by the Senate:
     That the Senate hereby expresses its will to continue its support of the West Virginia coal industry and requests that West Virginia's congressional delegation resist and oppose efforts to undermine the future of West Virginia coal; and, be it 
     Further Resolved, That the Senate will continue to support the West Virginia coal industry by encouraging measures that protect miners and their families, provide incentives for the development of advanced coal technologies, enhance the energy independence of the state and the nation, protect the environment from which coal is mined and supply consumers with cleaner and more affordable energy produced from coal; and, be it
     Further Resolved, That the Senate requests that West Virginia's congressional delegation resist and oppose efforts at the federal level to undermine the future of West Virginia's coal industry; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to United States Senators Robert C. Byrd and John D. Rockefeller IV and Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.

     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senator Chafin then moved that the Senate recess until 1 p.m. today.
     The question being on the adoption of Senator Chafin's motion, and on this question, Senator Chafin demanded the yeas and nays.
     The roll being taken, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Chafin's motion had prevailed.
     In accordance with the foregoing motion, the Senate recessed until 1 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 4001, Clarifying certain records pertaining to pardons are not subject to expungement orders.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 4002, Relating to federal recovery zone bonds.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 4003, Relating to compliance of state retirement systems with certain provisions of IRS code.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 4007, Relating to retirement benefits of professional police officers and professional firefighters.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 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.
     Referred to the Committee on Finance.
     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. House Bill No. 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 primary and general elections to be held during the year 2010; allowing counties that meet minimum requirements to participate in the pilot program; establishing participation requirements; providing for program selection by the Secretary of State; providing for the evaluation of pilot programs; requiring the submission of reports to Legislature; and establishing minimum voting system requirements.
     At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Barnes, K. Facemyer, Hall and Wells--4.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 406) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and Hall--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 406) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and Hall--3.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 406) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 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 request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and Hall--3.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 409) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and Hall--3.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 409) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and Hall--3.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 409) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 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 request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and Hall--3.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 410) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and Hall--3.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 410) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Barnes, K. Facemyer and Hall--3.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 410) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, November 20, 2009, at 11 a.m.
____________
SENATE CALENDAR


Friday, November 20, 2009


11:00 a.m.

_______
HISTORY OF BILLS AND RESOLUTIONS

CONSIDERED BY SENATE


Includes actions as of November 19, 2009


(This symbol * indicates Committee Substitutes.)


ALL SENATE BILLS INTRODUCED


(This digest embraces the complete bill list

submitted. If passed, all effective ninety days

from passage unless otherwise indicated.)



   4001.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Clarifying certain records pertaining to pardons are not subject to expungement orders - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 401) - On 2nd reading to Judiciary 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - Senate reconsidered effective date - Title amended - Effective from passage - To House 11/18/09 - Reference dispensed - Passed House 11/19/09 - Effect from passage

   4002.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to federal recovery zone bonds - Introduced 11/17/09 - To Finance - (original same as H. B. No. 402) - On 2nd reading to Finance 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Passed House 11/19/09 - Effect from passage

   4003.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to compliance of state retirement systems with certain provisions of IRS code - Introduced 11/17/09 - To Finance - (original same as H. B. No. 403) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Passed House 11/19/09 - Effect from passage

   4004.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to motor fuel excise tax - Introduced 11/17/09 - To Finance - (original same as H. B. No. 404) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Constitutional Rule rejected - Constitutional Rule rejected - On 3rd reading, House Calendar 11/20/09

   4005.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to mandatory employer contributions to Retirement Health Benefits Trust Fund - Introduced 11/17/09 - To Finance - (original same as H. B. No. 405) - On 2nd reading to Finance 11/17/09

  *4006.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Establishing absentee voting pilot program for uniform services members and certain other citizens - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 406) - On 2nd reading to Judiciary 11/17/09 - Com. sub. reported 11/18/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Tabled on 2nd reading, House Calendar 11/19/09

   4007.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to retirement benefits of professional police officers and professional firefighters - Introduced 11/17/09 - To Pensions then Finance - (original same as H. B. No. 407) - On 2nd reading to Pensions then Finance 11/17/09 - On 2nd reading to Finance 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Passed House 11/19/09 - Effect from passage

   4008.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to Alternative and Renewable Energy Portfolio Act - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 408) - On 2nd reading to Judiciary 11/17/09

   4009.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Making supplementary appropriation of federal funds to various accounts - Introduced 11/17/09 - To Finance - (original same as H. B. No. 409) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - On 2nd reading, House Calendar 11/19/09 - On 2nd reading, House Calendar 11/20/09

   4010.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Making supplementary appropriation from State Fund, General Revenue, to Bureau of Senior Services - Introduced 11/17/09 - To Finance - (original same as H. B. No. 410) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - On 2nd reading, House Calendar 11/19/09 - On 2nd reading, House Calendar 11/20/09

   4011.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Supplementing, amending and increasing item from State Road Fund to Department of Transportation, Division of Highways - Introduced 11/17/09 - To Finance - (original same as H. B. No. 411) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective 12/1/09 - To House 11/18/09 - Reference dispensed - On 2nd reading, House Calendar 11/19/09 - On 2nd reading, House Calendar 11/20/09


ALL SENATE RESOLUTIONS OFFERED


   401.   By Sen. Chafin - Raising committee to notify House Senate has assembled in extraordinary session - Introduced 11/17/09 - Committee reference dispensed - Adopted by Senate 11/17/09

   402.   By Sen. Chafin - Raising committee to notify Governor Legislature has assembled in extraordinary session - Introduced 11/17/09 - Committee reference dispensed - Adopted by Senate 11/17/09

   403.   By Sen. Tomblin (Mr. President), Bowman, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost, Barnes, Boley, Caruth, Deem, K. Facemyer, Guills, Hall and Sypolt - Recognizing Honorable Robert C. Byrd - Introduced 11/18/09 - Committee reference dispensed - Adopted by Senate 11/18/09

   404.   By Sen. Plymale and Jenkins - Congratulating Cabell Midland High School boys' cross country team for winning 2009 AAA state championship - Introduced 11/18/09 - Committee reference dispensed - Adopted by Senate 11/18/09

   405.   By Sen. Plymale, Tomblin (Mr. President), Jenkins, Stollings, Fanning and Chafin - Congratulating Spring Valley High School girls' volleyball team for winning 2009 AAA state championship - Introduced 11/18/09 - Committee reference dispensed - Adopted by Senate 11/18/09

   406.   By Sen. Stollings, Tomblin (Mr. President), Plymale, Williams, Browning, Green, Foster, Minard, McCabe, Hall, Snyder, Edgell, Helmick, Palumbo, Bowman, Fanning, Jenkins, Yost, Sypolt, Oliverio, Deem, Laird, D. Facemire, Guills and Barnes - Recognizing contributions of Beverly Railey Robinson to Claude Worthington Benedum Foundation - Introduced 11/18/09 - Committee reference dispensed - Adopted by Senate 11/18/09

   407.   By Sen. Tomblin (Mr. President), Bowman, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost, Barnes, Boley, Caruth, Deem, K. Facemyer, Guills, Hall and Sypolt [By Request of the Executive] - Expressing support for West Virginia coal industry - Introduced 11/19/09 - Committee reference dispensed - Adopted by Senate 11/19/09


SENATE BILLS PASSED SENATE

AND COMMUNICATED TO HOUSE


   4001.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Clarifying certain records pertaining to pardons are not subject to expungement orders - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 401) - On 2nd reading to Judiciary 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - Senate reconsidered effective date - Title amended - Effective from passage - To House 11/18/09 - Reference dispensed - Passed House 11/19/09 - Effect from passage

   4002.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to federal recovery zone bonds - Introduced 11/17/09 - To Finance - (original same as H. B. No. 402) - On 2nd reading to Finance 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Passed House 11/19/09 - Effect from passage

   4003.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to compliance of state retirement systems with certain provisions of IRS code - Introduced 11/17/09 - To Finance - (original same as H. B. No. 403) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Passed House 11/19/09 - Effect from passage

   4004.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to motor fuel excise tax - Introduced 11/17/09 - To Finance - (original same as H. B. No. 404) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Constitutional Rule rejected - Constitutional Rule rejected - On 3rd reading, House Calendar 11/20/09

  *4006.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Establishing absentee voting pilot program for uniform services members and certain other citizens - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 406) - On 2nd reading to Judiciary 11/17/09 - Com. sub. reported 11/18/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Tabled on 2nd reading, House Calendar 11/19/09

   4007.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to retirement benefits of professional police officers and professional firefighters - Introduced 11/17/09 - To Pensions then Finance - (original same as H. B. No. 407) - On 2nd reading to Pensions then Finance 11/17/09 - On 2nd reading to Finance 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - Passed House 11/19/09 - Effect from passage

   4009.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Making supplementary appropriation of federal funds to various accounts - Introduced 11/17/09 - To Finance - (original same as H. B. No. 409) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - On 2nd reading, House Calendar 11/19/09 - On 2nd reading, House Calendar 11/20/09

   4010.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Making supplementary appropriation from State Fund, General Revenue, to Bureau of Senior Services - Introduced 11/17/09 - To Finance - (original same as H. B. No. 410) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - To House 11/18/09 - Reference dispensed - On 2nd reading, House Calendar 11/19/09 - On 2nd reading, House Calendar 11/20/09

   4011.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Supplementing, amending and increasing item from State Road Fund to Department of Transportation, Division of Highways - Introduced 11/17/09 - To Finance - (original same as H. B. No. 411) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective 12/1/09 - To House 11/18/09 - Reference dispensed - On 2nd reading, House Calendar 11/19/09 - On 2nd reading, House Calendar 11/20/09

ALL HOUSE BILLS PASSED BY HOUSE

AND COMMUNICATED TO SENATE


   405.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Providing options for billing the employer annual required contribution to the West Virginia Retiree Health Benefit Trust Fund - Introduced 11/17/09 - To Finance - (Original same as S. B. No. 4005) - Passed House 11/19/09 - Effect from passage - To Senate 11/19/09

   406.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Uniformed Services and Overseas Voter Pilot Program - Introduced 11/17/09 - To Judiciary - (Original same as S. B. No. 4006) - Amended on 3rd reading - Passed House 11/19/09 - Title amended - To Senate 11/19/09 - Committee reference dispensed - Constitutional rule suspended - Passed Senate 11/19/09 - Effective from passage - House concurred in Senate effective date 11/19/09 - Effect from passage

   409.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Supplemental appropriation to various spending units - Introduced 11/17/09 - To Finance - (Original same as S. B. No. 4009) - Passed House 11/19/09 - Effect from passage - To Senate 11/19/09 - Committee reference dispensed - Constitutional rule suspended - Passed Senate 11/19/09 - Effective from passage

   410.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Supplemental appropriation, Bureau of Senior Services - Introduced 11/17/09 - To Finance - (Original same as S. B. No. 4010) - Passed House 11/19/09 - Effect from passage - To Senate 11/19/09 - Committee reference dispensed - Constitutional rule suspended - Passed Senate 11/19/09 - Effective from passage

SENATE BILLS PASSED LEGISLATURE


   4001.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Clarifying certain records pertaining to pardons are not subject to expungement orders - Passed 11/19/09; Effect from passage

   4002.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to federal recovery zone bonds - Passed 11/19/09; Effect from passage

   4003.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to compliance of state retirement systems with certain provisions of IRS code - Passed 11/19/09; Effect from passage

   4007.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to retirement benefits of professional police officers and professional firefighters - Passed 11/19/09; Effect from passage

HOUSE BILLS PASSED LEGISLATURE


   406.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Uniformed Services and Overseas Voter Pilot Program - Passed 11/19/09; Effect from passage

   409.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Supplemental appropriation to various spending units - Passed 11/19/09; Effective from passage

   410.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Supplemental appropriation, Bureau of Senior Services - Passed 11/19/09; Effective from passage