WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
FOURTH EXTRAORDINARY SESSION, 2009
FIRST DAY
____________
Charleston, W. Va.,
Tuesday, November 17, 2009
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the thirteenth day of
November, two thousand nine, convening the seventy-ninth
Legislature of West Virginia in extraordinary session today
(Tuesday, November 17, 2009), under the provisions of section
seven, article seven of the Constitution of West Virginia, the
Senate assembled in its chamber in the state capitol in the City of
Charleston at one o'clock p.m., and was called to order by its
President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Douglas E. Facemire, a
senator from the twelfth district.
On the call of the roll, the following answered to their
names:
Senators 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, Sypolt, Unger, Wells, White,
Williams, Yost and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, 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 call the Legislature
of West Virginia to convene in Extraordinary Session at one o'clock
p.m. 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, on 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.
JOE MANCHIN III,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 401--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
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.
Whereupon, the President appointed as members of such
committee the following:
Senators Jenkins, White and Sypolt.
Subsequently, Senator Jenkins, from the committee to notify
the House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Wooton, Ross and Anderson, announced that the House
of Delegates has assembled in extraordinary session, with a quorum
present, and is ready to proceed with the business stated in the
proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 402--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
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.
Whereupon, the President appointed as members of such
committee the following:
Senators Minard, Fanning and Guills.
A message from the House of Delegates, by
Delegates Klempa, Ferro and Ireland, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 402.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Minard reported that the joint Senate and House committee had performed the duty assigned to it.
The Clerk presented a communication from the Board of Barbers
and Cosmetologists, submitting its annual report, in accordance
with chapter sixteen, article one, section six of the code of West
Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Examiners for Licensed Practical Nurses, submitting
its annual report as required by chapter thirty, article twenty-
four, section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Division of Juvenile Services, submitting its annual report, in
accordance with chapter forty-nine, article five, section thirteen-
e of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4001--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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4002--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, suballocation and waiver of recovery zone
bonds volume cap; and defining terms.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4003--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 ensure 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)w and Section 641(d) of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (P.L. 107-16).
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4004--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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4005--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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4006--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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first time, ordered to second reading, and then referred to the Committee
on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4007--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 pension
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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
Pensions; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4008--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 public 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4009--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,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4010--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,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 4011--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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 4007, Relating to retirement benefits of
professional police officers and professional firefighters.
Now on second reading, having been read a first time and
referred to the Committee on Pensions in prior proceedings today;
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
Senator Chafin then moved that the Senate adjourn until
tomorrow, Wednesday, November 18, 2009, at 12 o'clock Noon.
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,
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)--32.
The nays were: None.
Absent: Fanning and Hall--2.
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 adjourned
until tomorrow, Wednesday, November 18, 2009, at 12 o'clock Noon.
____________
SENATE CALENDAR
Wednesday, November 18, 2009
12 Noon
_______
ANNOUNCED SENATE MEETINGS
Fourth Extraordinary Session 2009
__________
Wednesday, November 18, 2009
Finance Committee:
9:30 a.m. (Room No. 451M)
Judiciary Committee:
9:30 a.m. (Room No. 208W)
HISTORY OF BILLS AND RESOLUTIONS
CONSIDERED BY SENATE
Includes actions as of November 17, 2009
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
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
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
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
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
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
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
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
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
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