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