WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

FOURTH EXTRAORDINARY SESSION, 2009

FOURTH DAY

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Charleston, W. Va., Friday, November 20, 2009

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Dan Foster, a senator from the seventeenth district.
     Pending the reading of the Journal of Thursday, November 19, 2009,
     On motion of Senator Yost, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded 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. 4004, Relating to motor fuel excise tax.
     A message from The Clerk of the House of Delegates announced that that body had agreed to the changed effective date to take effect from passage, of
     Eng. House Bill No. 406, Uniformed Services and Overseas Voter Pilot Program.
     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. 408--A Bill to amend and reenact §24-2F-3, §24-2F-4, §24-2F-5 and §24-2F-9 of the Code of West Virginia, 1931, as amended, all relating to 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 for the utilization of an independent and industry-recognized alternative and renewable energy resource credit tracking system; exempting certain credit pricing data from disclosure under the freedom of information act; allowing for the utilization of an independent and industry- recognized entity to verify and certify greenhouse gas emission reduction or offset projects; 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.
     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, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Bowman, Guills, Hall and Oliverio--5.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 408) was then read a third time and put upon its passage.
     Pending extended discussion,
     The question being "Shall Engrossed House Bill No. 408 pass?"
     On the passage of the bill, the yeas were: Boley, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Bowman, Guills, Hall and Oliverio--5.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 408) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Bowman, Guills, Hall and Oliverio--5.
     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. 408) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
     Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senators Chafin, Deem and Caruth regarding the passage of Engrossed House Bill No. 408 were ordered printed in the Appendix to the Journal.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect December 1, 2009, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 411--A Bill supplementing, amending, and increasing an item of existing appropriation from the State Road Fund to the Department of Transportation - Division of Highways, fund 9017, fiscal year 2010, organization 0803, for the fiscal year ending June 30, 2010.
     At the 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, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Bowman, Guills, Hall and Oliverio--5.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. H. B. No. 411) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Bowman, Guills, Hall and Oliverio--5.
     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. 411) passed with its title.
     Senator Chafin moved that the bill take effect December 1, 2009.
     On this question, the yeas were: Boley, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Bowman, Guills, Hall and Oliverio--5.
     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. 411) takes effect December 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Senator Chafin offered the following pre-adjournment resolution:
     Senate Resolution No. 408--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
     Resolved by the Senate:
     That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
     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 Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
     Senators Laird, Williams and Sypolt.
     Subsequently, Senator Laird reported that the duties assigned by Senate Resolution No. 408 had been performed.
     Thereafter, a three-member delegation from the House of Delegates, namely
     Delegates Wooton, Ross and Anderson, announced that that body also had completed its labors and was ready to adjourn sine die.
     Senator Chafin then offered the following resolution:
     Senate Resolution No. 409--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
     Resolved by the Senate:
     That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
     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.
     Under the provisions of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:
     Senators Prezioso, Green and K. Facemyer.
     Delegates Klempa, Ferro and Ireland, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.
     Senators Prezioso, Green and K. Facemyer, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
     Subsequently, Senator Prezioso, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Prezioso then reported this mission accomplished.
     At the request of Senator Palumbo, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this fourth extraordinary session of the seventy-ninth Legislature in the year two thousand nine, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.
     In accordance with the foregoing unanimous consent agreement, the following reports of the Joint Committee on Enrolled Bills were filed as follows:
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 25th day of November, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (H. B. No. 406), Uniformed Services and Overseas Voter Pilot Program.
     (H. B. No. 408), Relating to definitions and the tracking of credits awarded under the Alternative and Renewable Energy Portfolio Act.
     (H. B. No. 409), Supplemental appropriation to various spending units.
     (H. B. No. 410), Supplemental appropriation, Bureau of Senior Services.
     And,
     (H. B. No. 411), Supplementing, amending, and increasing an item of existing appropriation from the State Road Fund to the Department of Transportation, Division of Highways.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 2nd day of December, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 4001), Clarifying certain records pertaining to pardons are not subject to expungement orders.
     (S. B. No. 4002), Relating to federal recovery zone bonds.
     (S. B. No. 4003), Relating to compliance of state retirement systems with certain provisions of IRS code.
     (S. B. No. 4004), Relating to motor fuel excise tax.
     And,
     (S. B. No. 4007), Relating to retirement benefits of professional police officers and professional firefighters.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
Executive Communications

     Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
     The Clerk then presented communications from His Excellency, the Governor, advising that on November 30, 2009, he had approved Enr. House Bill No. 409 and Enr. House Bill No. 410; on December 3, 2009, he had approved Enr. Senate Bill No. 4007 and Enr. House Bill No. 406; and on December 7, 2009, he had approved Enr. Senate Bill No. 4001, Enr. Senate Bill No. 4002, Enr. Senate Bill No. 4003, Enr. Senate Bill No. 4004 and Enr. House Bill No. 408.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

November 30, 2009

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Enclosed for filing in your office, pursuant to the provisions of law, is the following bill:
     House Bill No. Four Hundred Eleven (411), which was presented to me on November 25, 2009. The moneys appropriated by this legislation shall be used for the purpose of reconstruction, renovation, maintenance and repair of secondary roads and shall be divided proportionately among the ten state highway districts based upon the mileage of paved secondary roads in each district.
     You will note that I have approved this bill on November 30, 2009.
                              With warmest regards,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Richard Thompson
     The Honorable Earl Ray Tomblin
     [CLERK'S NOTE: Enrolled House Bill No. 409, Enrolled House Bill No. 410 and Enrolled House Bill No. 411 became law without the Governor's signature on November 26, 2009, under the provisions of Subsection 11, Section 51, Article VI of the Constitution of West Virginia.]
     On motion of Senator Chafin, the fourth extraordinary session of the Senate in the year two thousand nine adjourned sine die.
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