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