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HOUSE: | Bills Introduced | Abstract | Topical Index | Calendar | Journal | Menu |

House Journal


Day 01 (05-13-2010)
Day 02 (05-14-2010)
Day 03 (05-15-2010)
Day 04 (05-16-2010)
Day 05 (05-17-2010)
Day 06 (05-18-2010)
hdj2010-05-18-06


__________*__________




Tuesday, May 18, 2010

SIXTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, May 17, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2010, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1013 - "A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-1 of said code; and to amend and reenact §18A-4-7a of said code, all relating to hiring professional school personnel; revising criteria when hiring a professional personnel; requiring the consideration of criteria according to equal weighting in certain circumstances; providing for hiring committees; providing for the selection of hiring committee members by the faculty senate; and providing for the opportunity for hiring committees to interview candidates."
At the respective request of Delegate Boggs, the bill (S. B. 1013) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Education.
House Calendar

Third Reading

At the respective requests of Delegate Boggs, and by unanimous consent, all House bills on third reading, coming up in regular order, were placed at the foot of today's calendar as follows:
H. B. 114, Making a supplementary appropriation of federal funds to the Governor's Office and to WorkForce West Virginia,
H. B. 115, Making a supplementary appropriation to the West Virginia Conservation Agency, the Department of Agriculture, the Department of Commerce, the Department of Education, and to the Department of Military Affairs and Public Safety,
H. B. 116, Making a supplementary appropriation to the WV Board of Examiners for Registered Professional Nurses,
H. B. 117, Supplementing, amending, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation - Division of Highways,
H. B. 118, Making a supplementary appropriation to the Lottery Commission, the Division of Finance, Public Defender Services, and to the Division of Corrections ,
H. B. 119, Making a supplementary appropriation to the Governor's Office -Broadband Infrastructure Grant Fund, to the Department of Agriculture, to the Department of Education and the Arts, and to the Department of Health and Human Services ,
H. B. 120, Making a supplementary appropriation of federal funds to WorkForce West Virginia,
H. B. 121, Making a supplementary appropriation of federal funds to the Department of Agriculture, the Department of Commerce, the Department of Education and the Arts, the Department of Revenue, and to the State Rail Authority,
H. B. 122, Making a supplementary appropriation to the Higher Education Policy Commission, the WV Board of Examiners for Registered Professional Nurses, and to the Board of Medicine,
H. B. 123, Decreasing an item of appropriation from the Division of Highways, and adding a new item of appropriation to be designated as the Department of Transportation -Office of Administrative Hearings,
And,
Com. Sub. for H. B. 124, Making a supplementary appropriation to the Senate, to the House of Delegates, to the Joint Expenses, to the Department of Administration, the Department of Commerce, and to various other state agencies.
S. B. 1010, Creating Behavioral Mental Health Services Fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 460), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:
Absent And Not Voting: Andes, Argento, Azinger, Brown, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 1010) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 461), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:
Absent And Not Voting: Andes, Argento, Azinger, Brown, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1010) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1014, Making supplementary appropriation of federal funds to Office of Economic Opportunity Community Services and Workforce WV; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 462), and there were--yeas 83, nays 2, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: Cowles and J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Brown, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1014) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 463), and there were--yeas 83, nays 2, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: Cowles and J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Brown, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1014) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1015, Making supplementary appropriation from General Revenue to various accounts; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 464), and there were--yeas 84, nays 1, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Brown, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1015) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 465), and there were--yeas 84, nays 1, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Brown, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1015) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1016, Making supplementary appropriation of unappropriated moneys to Board of Examiners for Registered Professional Nurses; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 466), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1016) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 467), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1016) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1017, Supplementing, amending and increasing items from State Road Fund to Division of Highways; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 468), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1017) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 469), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1017) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1018, Making supplementary appropriation from State Excess Lottery Revenue Fund to various accounts; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
Delegates Lane and Armstead moved to amend the bill on page three, line seven, by striking out the following language:
"June 30, 2010, to fund 2208, fiscal year 2010, organization 0209, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Sec. 5. Appropriations from State Excess Lottery Revenue Fund.

271-Division of Finance

Fund 2208 FY 2010 Org 0209

1Enterprise Resource Planning System
2 Planning Project 087$25,000,000
"
And inserting in lieu thereof the following:
"June 30, 2010, to fund 1046, fiscal year 2010, organization 0100, be supplemented and amended by adding a new item of appropriation to read as follows:
TITLE II--APPROPRIATIONS.

Sec. 5. Appropriations from State Excess Lottery Revenue Fund.

270-Governor's Office

(WV Code Chapter 5)


Fund 1046 FY 2010 Org 0100

1Unclassified - Total 096$25,000,000

The above appropriation to Unclassified - Total (fund 1046, activity 096) shall be transferred to WorkForce West Virginia (Fund 0572, Org 0323) for the payment of benefits pursuant to the state's unemployment compensation insurance program.
Any unexpended balance remaining in the appropriation for Publication of Papers and Transition Expenses - Lottery Surplus (fund 1046, activity 066) at the close of the fiscal year 2009 is hereby reappropriated for expenditure during the fiscal year 2010."
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 470), and there were--yeas 24, nays 62, absent and not voting 14, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Moye, Overington, Porter, Rowan, Shott and Sumner.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The bill was then read a third time.
Delegates Ellem, Ashley, Lane and Smith requested to be excused from voting on the passage of S. B. 1018 under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Members from voting.
On the passage of the bill, the yeas and nays were taken (Roll No. 471), and there were--yeas 83, nays 3, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Cowles, McGeehan and J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1018) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 472), and there were--yeas 83, nays 3, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Cowles, McGeehan and J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1018) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1019, Making supplementary appropriation from unappropriated moneys to various accounts; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 473), and there were--yeas 84, nays 2, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: McGeehan and J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1019) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 474), and there were--yeas 84, nays 2, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: McGeehan and J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1019) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 1020, Making supplementary appropriation of federal funds to Workforce WV; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 475), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1020) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 476), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: J. Miller.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1020) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1021, Making supplementary appropriation of federal funds to various accounts; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
Delegates Cowles and J. Miller moved to amend the bill on page two, line twenty-one, by striking out the following language:
"And, That Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill, be supplemented and amended by adding to Title II, section six thereof, the following:
TITLE II--APPROPRIATIONS.

Sec. 6. Appropriations of Federal Funds.

DEPARTMENT OF REVENUE

328a-Insurance Commissioner -

Qualified High Risk Pool

Fund 8790 FY 2011 Org 0704

Act-Other
ivityFunds

1Unclassified - Total096
$7,700,000

"
The amendment having been put, did not prevail.
There being no further amendments, the bill was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 477), and there were--yeas 82, nays 4, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Cowles, McGeehan, J. Miller and Porter.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1021) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 478), and there were--yeas 81, nays 4, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: Cowles, McGeehan, J. Miller and Porter.
Absent And Not Voting: Andes, Argento, Azinger, Beach, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1021) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1022, Making supplementary appropriation of unappropriated moneys to various accounts; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 479), and there were--yeas 84, nays 1, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Andes, Argento, Azinger, Beach, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1022) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 480), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1022) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1023, Supplementing and amending items from State Road Fund to Office of Administrative Hearings; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 481), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1023) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 482), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1023) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 1024, Making supplementary appropriation from State Fund, General Revenue, to various accounts; on third reading, coming up in regular order, with restricted right to amend buy Delegate White, was reported by the Clerk.
On motion of Delegate White, the bill was amended one page two, by striking out everything after the title and inserting in lieu thereof the following:
Whereas, The Governor submitted to the Legislature a statement of the State Fund, General Revenue, dated May 13, 2010, setting forth therein the cash balance as of July 1, 2009 and further included the estimate of revenues for the fiscal year 2010, less net appropriation balances forwarded and regular appropriations for the fiscal year 2010, and an estimate of revenues for the fiscal year 2011, less regular appropriations; and
Whereas, It appears from the Governor's statement of the State Fund - General Revenue there now remains an unappropriated balance in the State Treasury which is available for appropriation during the fiscal year ending June 30, 2011; therefore
Be it enacted by the Legislature of West Virginia:
That the total appropriation for the fiscal year ending June 30, 2011, to fund 0165, fiscal year 2011, organization 2100, be supplemented and amended to read as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

LEGISLATIVE

  1. -Senate

Fund 0165 FY 2011 Org 2100

General
Act-Revenue
ivityFunds

1
Compensation of Members (R)003$1,010,000

2
Compensation and Per Diem of

3 Officers and Employees (R)005
3,003,210

4
Employee Benefits (R)010
597,712

5
Current Expenses and

6 Contingent Fund (R)021561,392
7
Repairs and Alterations (R)064210,410

8
Computer Supplies (R)10140,000

9
Computer Systems (R)102150,000

10
Printing Blue Book (R)103150,000

11
Expenses of Members (R)399
700,000

12
BRIM Premium (R)913
29,482

13
Total$6,452,206

The appropriations for the Senate for the fiscal year 2010 are to remain in full force and effect and are hereby reappropriated to June 30, 2011 with the exception of fund 0165, fiscal year 2010, activity 005 ($230,921) which shall expire on June 30, 2010. Any balances so reappropriated may be transferred and credited to the fiscal year 2011 accounts.
Upon the written request of the Clerk of the Senate, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
The Clerk of the Senate, with the approval of the President, is authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the Senate, for any bills for supplies and services that may have been incurred by the Senate and not included in the appropriation bill, for supplies and services incurred in preparation for the opening, the conduct of the business and after adjournment of any regular or extraordinary session, and for the necessary operation of the Senate offices, the requisitions for which are to be accompanied by bills to be filed with the auditor.
The Clerk of the Senate, with the written approval of the President, or the President of the Senate shall have authority to employ such staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by the Senate resolution adopted during any such session. The Clerk of the Senate, with the written approval of the President, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. The Clerk is hereby authorized to draw his or her requisitions upon the auditor for the payment of all such staff personnel for such services, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the Senate.
For duties imposed by law and by the Senate, the Clerk of the Senate shall be paid a monthly salary as provided by the Senate resolution, unless increased between sessions under the authority of the President, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the Senate.
The distribution of the blue book shall be by the office of the Clerk of the Senate and shall include seventy-five copies for each member of the Legislature and two copies for each classified and approved high school and junior high or middle school and one copy for each elementary school within the state.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0170, fiscal year 2011, organization 2200, be supplemented and amended to read as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

LEGISLATIVE

  1. -House of Delegates

Fund 0170 FY 2011 Org 2200

General
Act-Revenue
ivityFunds

1Compensation of Members (R)003$3,000,000
2
Compensation and Per Diem

3 of Officers and Employees (R)005700,000
4Current Expenses and
5
Contingent Fund (R)0213,954,031

6
Expenses of Members (R)3991,700,000

7
BRIM Premium (R)91350,000

8 Total$9,404,031
The appropriations for the House of Delegates for the fiscal year 2010 are to remain in full force and effect and are hereby reappropriated to June 30, 2011 with the exception of fund 0170, fiscal year 2010, activity 021 ($336,565) which shall expire on June 30, 2010. Any balances so reappropriated may be transferred and credited to the fiscal year 2011 accounts.
Upon the written request of the Clerk of the House of Delegates, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
The Clerk of the House of Delegates, with the approval of the Speaker, is authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the House of Delegates, for any bills for supplies and services that may have been incurred by the House of Delegates and not included in the appropriation bill, for bills for services and supplies incurred in preparation for the opening of the session and after adjournment, and for the necessary operation of the House of Delegates' offices, the requisitions for which are to be accompanied by bills to be filed with the auditor.
The Speaker of the House of Delegates, upon approval of the House committee on rules, shall have authority to employ such staff personnel during and between sessions of the Legislature as shall be needed, in addition to personnel designated in the House resolution, and the compensation of all personnel shall be as fixed in such House resolution for the session, or fixed by the Speaker, with the approval of the House committee on rules, during and between sessions of the Legislature, notwithstanding such House resolution. The Clerk of the House of Delegates is hereby authorized to draw requisitions upon the auditor for such services, payable out of the appropriation for the Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the House of Delegates.
For duties imposed by law and by the House of Delegates, including salary allowed by law as keeper of the rolls, the Clerk of the House of Delegates shall be paid a monthly salary as provided in the House resolution, unless increased between sessions under the authority of the Speaker, with the approval of the House committee on rules, and payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the House of Delegates.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0175, fiscal year 2011, organization 2300, be supplemented and amended to read as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

LEGISLATIVE

  1. -Joint Expenses

(WV Code Chapter 4)

Fund 0175 FY 2011 Org 2300

General
Act-Revenue
ivityFunds
1
Joint Committee on Government

2
and Finance (R)104$6,758,015

3
Legislative Printing (R)105
760,000

4
Legislative Rule-Making

5 Review Committee (R) 106147,250
6
Legislative Computer System (R)107902,500

7
Joint Standing Committee

8 on Education (R)10883,600
9
BRIM Premium (R)913
20,900

10 Total$8,672,265
The appropriations for the joint expenses for the fiscal year 2010 are to remain in full force and effect and are hereby reappropriated to June 30, 2011 with the exception of fund 0175, fiscal year 2010, activity 104 ($310,375) which shall expire on June 30, 2010. Any balances so reappropriated may be transferred and credited to the fiscal year 2011 accounts.
Upon the written request of the Clerk of the Senate, with the approval of the President of the Senate, and the Clerk of the House of Delegates, with the approval of the Speaker of the House of Delegates, and a copy to the Legislative Auditor, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding Increased Compliance (TRAFFIC) (fund 0175, activity 642) is intended for possible general state tax reductions or the offsetting of any reductions in federal funding for state programs.
And, That chapter 8, Acts of the Legislature, regular session, 2010, known as the Budget Bill, be supplemented and amended by adding to Title II, section 1 thereof, the following:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

22a-Travel Management

(WV Code Chapter 5A)

Fund 0615 FY 2011 Org 0215

General
Act-Revenue
ivityFunds

1
Unclassified - Total096
$1,800,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0610, fiscal year 2011, organization 0233, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

31-Real Estate Division

(WV Code Chapter 5A)

Fund 0610 FY 2011 Org 0233

General
Act-Revenue
ivityFunds

1
Unclassified099
$366,393

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0256, fiscal year 2011, organization 0307, be supplemented and amended by adding a new item and increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF COMMERCE

35-West Virginia Development Office

(WV Code Chapter 5B)

Fund 0256 FY 2011 Org 0307

General
Act-Revenue
ivityFunds

7
Unclassified099
$300,000

43a
4-H Camp Improvements941
650,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0313, fiscal year 2011, organization 0402, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION

46-State Board of Education-

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2011 Org 0402

General
Act-Revenue
ivityFunds

19
English as a Second Language528$350,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0390, fiscal year 2011, organization 0402, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION

49-State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2011 Org 0402

General
Act-Revenue
ivityFunds

13
GED Testing (R)339$100,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0294, fiscal year 2011, organization 0431, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

52-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2011 Org 0431

General
Act-Revenue
ivityFunds

1
Unclassified (R)099
$100,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0293, fiscal year 2011, organization 0432, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

53-Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2011 Org 0432

General
Act-Revenue
ivityFunds

4
Unclassified (R)099
$105,576

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0296, fiscal year 2011, organization 0433, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

54-Library Commission

(WV Code Chapter 10)

Fund 0296 FY 2011 Org 0433

General
Act-Revenue
ivityFunds

5a
Grants to Public Libraries182
$250,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0407, fiscal year 2011, organization 0506, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

61-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2011 Org 0506

General
Act-Revenue
ivityFunds

32
Health Right Free Clinics727
$750,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0403, fiscal year 2011, organization 0511, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

65-Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2011 Org 0511

General
Act-Revenue
ivityFunds

4
Unclassified099
$200,000


20
Title XIX Waiver for Seniors533
$5,500,000

36
Grants for Licensed Domestic

37
Violence Programs and

38
Statewide Prevention750
500,000

From the above appropriation for Unclassified (fund 0403, activity 099), up to $200,000 is for an At-Risk Youth Program which may only be used to match the Federal Promise Neighborhood Grant Program.

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0430, fiscal year 2011, organization 0601, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

66-Department of Military Affairs and Public Safety-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2011 Org 0601

General
Act-Revenue
ivityFunds

3a
WV Fire and EMS Survivor Benefit (R)939
$100,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0453, fiscal year 2011, organization 0612, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT MILITARY AFFAIRS

AND PUBLIC SAFETY

73-West Virginia State Police

(WV Code Chapter 15)

Fund 0453 FY 2011 Org 0612

General
Act-Revenue
ivityFunds

1
Personal Services001
$670,152

3
Employee Benefits 010
152,404

5
Unclassified099
200,404

6
Vehicle Purchase451
365,400

8
Communications and

9
Other Equipment(R)558
391,104

10
Trooper Retirement Fund605
126,538


And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0589, fiscal year 2011, organization 0441, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

HIGHER EDUCATION

91-Higher Education Policy Commission-

Administration-

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2011 Org 0441

General
Act-Revenue
ivityFunds

1
Unclassified (R)099
$600,000

The purpose of this supplemental appropriation bill is to supplement, amend, increase and add items of appropriations in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2011.

The bill was then read a third time.
Delegate Boggs requested to be excused from voting on the passage of S. B. 1024 under the provisions of House Rule 49.
The Speaker replied that Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Gentleman from voting.
On the passage of the bill, the yeas and nays were taken (Roll No. 483), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1024) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 484), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent And Not Voting: Andes, Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Schoen, Shook, Sobonya, Stephens and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1024) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for H. B. 111, Providing for annual evaluations of professional personnel in the public schools; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 1002, Relating to annual professional personnel evaluations in public schools; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Subsequently,
At the request of Delegate Boggs, and by unanimous consent, Com. Sub. for S. B. 1002 was returned to second reading.
On motion of Delegate M. Poling, the bill was amended on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §18A-2-12 and §18A-2-12a of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-12. Performance evaluations of school personnel; professional personnel evaluation process.

(a) The state board shall adopt a written system for the evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards of education in the evaluation of the employment performance of personnel employed by the board.
(b) The system adopted by the state board for evaluating the employment performance of professional personnel shall be in accordance with the provisions of this section.
(c) For purposes of this section, "professional personnel", "professional" or "professionals", means professional personnel as defined in section one, article one of this chapter.
(d) In developing the professional personnel performance evaluation system, and amendments thereto, the state board shall consult with the Center for Professional Development created in article three-a of this chapter. The center shall participate actively with the state board in developing written standards for evaluation which clearly specify satisfactory performance and the criteria to be used to determine whether the performance of each professional meets such standards.
(e) The performance evaluation system shall contain, but shall not be limited to, the following information:
(1) The professional personnel positions to be evaluated, whether they be teachers, substitute teachers, administrators, principals or others;
(2) The frequency and duration of the evaluations shall be on a regular basis and of such frequency and duration as to insure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn: Provided, That for school personnel with five or more years of experience, who have not received an unsatisfactory rating, evaluations shall be conducted no more than once every three years unless the principal determines an evaluation for a particular school employee is needed more frequently: Provided, however, That for classroom teachers with five or more years of experience who have not received an unsatisfactory rating, an evaluation shall be conducted or professional growth and development plan required only when the principal determines it to be necessary for a particular classroom teacher, or when a classroom teacher exercises the option of being evaluated at more frequent intervals.
(3) The state board shall propose a revision to the professional personnel evaluation process in accordance with the following:

(A) The state board shall conduct a study of the duties and responsibilities required of school principals, and assistant principals in schools where they are present, and the time required to perform these duties and responsibilities. The state board shall present the study and its findings to the Legislative Oversight Commission on Education Accountability;
(B) The state board shall form a task force on professional personnel evaluations to advise it on needed revisions in state board policy relating to professional personnel evaluations. The task force shall be comprised of at least the following representatives of the relevant stakeholders: County boards, superintendents, principals, teachers, parents and the Legislature;
(C) The task force shall be provided a copy of the study and its findings required in paragraph (A) of this subdivision and shall consider them in making its recommendations to the state board for the revision of state board policy relating to professional personnel evaluations. The recommendations of the task force also shall include recommendations related to the personnel time required to accomplish the process and purposes of the professional personnel evaluations at each level of personnel;
(D) The state board shall report to the Legislative Oversight Commission on Education Accountability as requested on its progress on revising its policies related to professional personnel evaluations and shall submit its proposed revised policy to the Commission along with any additional recommendations it may have on related changes necessary to accomplish the process and purposes of the professional personnel evaluations at each level of personnel; and
(E) Personnel evaluations of teachers, principals and assistant principals may not be used as a factor in determining monetary incentives or compensation.

(3) (4) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance of the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for individual professionals;
(C) Serve as documentation for a dismissal on the grounds of unsatisfactory performance; and
(D) Serve as a basis for programs to increase the professional growth and development of professional personnel;
(4) (5) The standards for satisfactory performance for professional personnel and the criteria to be used to determine whether the performance of each professional meets such standards and other criteria for evaluation for each professional position evaluated. Effective July 1, 2003, and thereafter, Professional personnel, as appropriate, shall demonstrate competency in the knowledge and implementation of the technology standards adopted by the state board. If a professional fails to demonstrate competency, in the knowledge and implementation of these standards, he or she will be subject to an improvement plan to correct the deficiencies; and
(5) (6) Provisions for a written improvement plan, which shall be specific as to what improvements, if any, are needed in the performance of the professional and shall clearly set forth recommendations for improvements, including recommendations for additional education and training during the professional's recertification process.
(f) A professional whose performance is considered to be unsatisfactory shall be given notice of deficiencies. A remediation plan to correct deficiencies shall be developed by the employing county board of education and the professional. The professional shall be given a reasonable period of time for remediation of the deficiencies and shall receive a statement of the resources and assistance available for the purposes of correcting the deficiencies.
(g) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the state superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training approved by the state board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. After July 1, 1994, No person may be issued an administrative certificate or have an administrative certificate renewed unless the state board determines that the person has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education and training approved by the state board.
(h) Any professional whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional recommendations for improvement or may recommend the dismissal of the professional in accordance with the provisions of section eight of this article.
(i) Lesson plans are intended to serve as a daily guide for teachers and substitutes for the orderly presentation of the curriculum. Lesson plans may not be used as a substitute for observations by an administrator in the performance evaluation process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson plans on the internet or otherwise make them available to students and parents or to include in his or her lesson plans any of the following:
(1) Teach and re-teach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve as a guide to the teacher or substitute for daily instruction. and
(j) The Legislature finds that classroom teachers must be free of unnecessary paper work so that they can focus their time on instruction. Therefore, classroom teachers may not be required to keep records or logs of routine contacts with parents or guardians.
(k) Nothing in this section may be construed to prohibit classroom teachers from voluntarily posting material on the internet.
§18A-2-12a. Statement of policy and practice for the county boards and school personnel to minimize possible disagreement and misunderstanding.

(a) The Legislature makes the following findings:
(1) The effective and efficient operation of the public schools depends upon the development of harmonious and cooperative relationships between county boards and school personnel;
(2) Each group has a fundamental role to perform in the educational program and each has certain separate, distinct and clearly defined areas of responsibility as provided in chapters eighteen and eighteen-a of this code; and
(3) There are instances, particularly involving questions of wages, salaries and conditions of work, that are subject to disagreement and misunderstanding between county boards and school personnel and may not be so clearly set forth.
(b) The purpose of this section is to establish a statement of policy and practice for the county boards and school personnel, as follows, in order to minimize possible disagreement and misunderstanding:
(1) County boards, subject to the provisions of this chapter, chapter eighteen of this code and the policies and rules of the state board, are responsible for the management of the schools within their respective counties. The powers and responsibilities of county boards in setting policy and in providing management are broad, but not absolute;
(2) The school personnel shares the responsibility for putting into effect the policies and practices approved by the county board that employs them and the school personnel also have certain rights and responsibilities as provided in statute, and in their contracts;
(3) School personnel are entitled to meet together, form associations and work in concert to improve their circumstances and the circumstances of the schools;
(4) County boards and school personnel can most effectively discharge their total responsibilities to the public and to each other by establishing clear and open lines of communication. School personnel should be encouraged to make suggestions, proposals and recommendations through appropriate channels to the county board. Decisions of the county board concerning the suggestions, proposals and recommendations should be communicated to the school personnel clearly and openly;
(5) Official meetings of county boards are public meetings. School personnel are free to attend the meetings without fear of reprisal and should be encouraged to attend;
(6) All school personnel are entitled to know how well they are fulfilling their responsibilities and should be offered the opportunity of open and honest evaluations of their performance on a regular basis and in accordance with the provisions of section twelve of this article. All school personnel are entitled to opportunities to improve their job performance prior to the termination or transfer of their services. Decisions concerning the promotion, demotion, transfer or termination of employment of school personnel, other than those for lack of need or governed by specific statutory provisions unrelated to performance, should be based upon the evaluations, and not upon factors extraneous thereto. All school personnel are entitled to due process in matters affecting their employment, transfer, demotion or promotion; and
(7) All official and enforceable personnel policies of a county board must be written and made available to its employees."
There being no further amendments, the bill was read a second time and ordered to third reading.
At 1:50 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:30 p.m., and reconvened at that time.
Delegate Brown announced that she was absent when the votes were taken on Roll Nos. 460 through 465, and that had she been present, she would have voted "Yea" thereon.
* * * * * * *

Evening Session

* * * * * * *

At 6:30 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 7:00 p.m., and reconvened at that time.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, to take effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 109, Providing for teacher empowerment teams.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a section, designated §18-2-38; and that said code be amended by adding thereto a new article, designated §18- 5D-1, §18-5D-2 and §18-5D-3, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-38. School committees and school teams; legislative findings; state board study.

(a) Legislative findings.
(1) The Legislature finds that the ultimate purpose of public education is to create the best possible environment to foster the teaching and learning process and that this purpose is best accomplished when professional educators are involved in direct interaction with students.
(2) The Legislature finds further that a number of school committees and school teams have been created over the years, both by state board policy and by state statute, designed to meet the needs of a specific time or place and that these committees and teams sometimes linger long after the specific purpose or need that created them has passed. The time and paperwork required to keep these committees and teams functioning may create a burden for school personnel in certain circumstances.
(3) The Legislature finds further that a thorough study is needed to determine the feasibility, effectiveness and necessity of each of these committees and teams in relation to one other and to the needs of the students and schools they are intended to serve.
(b) State board study.
(1) Therefore, in view of the findings in subsection (a) of this section, it is the intent of the Legislature that the state board undertake a study of each school committee or school team created by statute or by state board policy and determine its organizational goals, effectiveness in meeting those goals, and viability in relation to the demands of time and paperwork it places on principals, teachers and other school personnel. The study further shall consider alternative ways that the goals of these teams and committees may be met to involve stakeholders in the education process while reducing the time demands and the paperwork burden they place on school personnel.
(2) The state board shall report its study findings and recommendations, together with draft legislation to implement the recommendations, to the Legislative Oversight Commission on Education Accountability and the Joint Standing Committee on Education by November 1, 2010.
ARTICLE 5D. COMMITTEE REORGANIZATION AND COLLABORATIVE TEAM WAIVERS.
§18-5D-1. Purpose.
The purposes of this article are as follows:
(a) To facilitate and encourage teacher collaboration by empowering schools to create alternative decision-making processes that address school and classroom improvement. The intent is to authorize reorganization or consolidation of certain school committees and teams required by state board rules, including the Strategic Planning Committee, the Technology Team and the School Support Team; and
(b) To recognize that schools in this state differ greatly in enrollment, grade configuration, demographics and student needs and to provide teachers and principals with flexibility to determine the types of committees and teams that are needed to move the school forward.
§18-5D-2. Waiver application.
(a) Request for reorganization. -- A school may submit a waiver application to the state board to create collaborative teams that may replace the Strategic Planning Committee, the Technology Team and the School Support Team required by state board rules. Reorganization under this article may not replace the Student Assistance Team. The waiver application shall include at least the following information:
(1) A description of the collaborative teams including documentation showing how the collaborative teams address each of the following issues:
(A) Emphasizing teacher collaboration and leadership;

(B) Enhancing school and classroom effectiveness;

(C) Creating and maintaining involvement and support of stakeholders; and

(D) Developing and implementing a coherent learner-focused improvement plan;

(2) An explanation of how the existing membership of any committees or teams replaced by restructured collaborative teams are provided adequate representation in the reorganization and how the roles, responsibilities and tasks of those replaced committees are included in the reorganization;
(3) Evidence that the employees and stakeholders who are involved in restructured collaborative teams have entered, or will enter, into a process of professional learning to develop the necessary knowledge and skills to enhance learner-focused collaboration; and
(4) Evidence that employees and stakeholders have researched viable improvement structures and processes and that their proposed alternative to the current committee structure is more effective and better addresses the particular needs of the school, its students and employees.
(b) Approval. -- Before submitting the waiver application to the state board, a school shall take the following steps:
(1) Present to the faculty senate a detailed explanation of the proposed structure, roles and responsibilities addressed by the reorganization plan;
(2) Provide for the chair of the faculty senate to conduct a vote by secret ballot on the issues addressed in the reorganization plan;
(3) Obtain a favorable vote for the reorganization plan from eighty percent of the faculty senate members present and voting after a quorum is established.
(4) Present to the local school improvement council a detailed explanation of the proposed structure, roles and responsibilities addressed by the reorganization plan;
(5) If the faculty senate vote is favorable and if it meets the percentage threshold established in subdivision (3) of this subsection, within one week of the vote taken by the faculty senate, provide for the chair of the council to conduct a vote on the issues addressed in the reorganization.
(6) Obtain a favorable vote for the reorganization plan from eighty percent of the local school improvement council members present and voting after a quorum is established; and
(7) Obtain approval for the reorganization plan from the county superintendent and the county board.
(c) When a school has met the requirements of subsection (b) of this section, it shall submit its waiver application to the state board. After review of the waiver application, the state board may approve the waiver of rules requiring the Strategic Planning Committee, the Technology Team or the School Support Team. After the state board has reviewed and approved a school's reorganization plan, the school may institute the plan as presented in its application.
§18-5D-3. Rulemaking.
By October 1, 2010, the state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 109 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-38; and to amend said code by adding thereto a new article, designated §18-5D-1, §18-5D-2 and §18-5D-3, all relating to school teams and school committees; making legislative findings; requiring state board study; establishing purposes; authorizing waiver of certain state board rules; authorizing creation of collaborative teams in certain circumstances; creating application and approval process for certain waiver requests; providing for certain votes; and requiring certain legislative rules."
On motion of Delegate Boggs, the House refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 1007 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5C-1, §18-5C-2, §18-5C-3, §18-5C-4, §18-5C-5, §18-5C-6, §18-5C-7, §18-5C-8, §18-5C-9, §18-5C-10, §18-5C-11, §18-5C-12, §18-5C-13, §18-5C-14, §18-5C-15, §18-5C-16, §18-5C-17 and §18-5C-18, all relating to the creation of charter schools; defining terms; establishing legislative findings and purpose; providing that Charter Innovation Schools are part of the public education system; precluding the state board from capping the number of schools; providing that provisions should be liberally construed; establishing autonomy factors; providing application contents, submission, review and approval process; authorizing memorandums of agreement and charters; providing for the renewal, revocation and termination of schools; establishing powers and duties; requiring reports; establishing review factors; providing for site-based governance councils and membership; requiring county board to serve as fiscal agent for school; allowing site-based governance council to establish staff selection committee in collaboration with county board; providing for admissions and enrollment criteria for schools; establishing lottery requirements for admission to school; providing for credit transfers; requiring school district to provide information regarding school; requiring monitoring of schools; establishing funding requirements; authorizing the receipt of grants and other moneys; requiring the reporting of grants and other moneys; requiring a study of funding of schools; establishing transportation requirements; providing for facilities; requiring notice to the county board upon move or termination of the school; requiring a facilities plan; authorizing rules and emergency rules; authorizing virtual Charter Innovation Schools; permitting students to participate in extracurricular activities; and providing for charter transition schools."
At the respective request of Delegate Boggs, the bill (Com. Sub. for S. B. 1007) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 1008 - "A Bill to amend and reenact §18-5-17 of the Code of West Virginia, 1931, as amended, relating to gradual implementation of compulsory comprehensive health screening for students entering kindergarten, third grade, sixth grade and ninth grade; defining terms; limiting developmental screening; requiring promulgation of legislative rules; and requiring an analysis of current infrastructure in place to implement requirements."
At the respective request of Delegate Boggs, the bill (Com. Sub. for S. B. 1008) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the House of Delegates, and the passage, as amended, of

Com. Sub. for S. B. 1024, Making supplementary appropriation from State Fund, General Revenue, to various accounts.
House Calendar

Third Reading

-Continued-

On motion of Delegate Boggs, the following bills, having been placed at the foot of today's calendar in earlier proceedings, were laid upon the table:
H. B. 114, Making a supplementary appropriation of federal funds to the Governor's Office and to WorkForce West Virginia,
H. B. 115, Making a supplementary appropriation to the West Virginia Conservation Agency, the Department of Agriculture, the Department of Commerce, the Department of Education, and to the Department of Military Affairs and Public Safety,
H. B. 116, Making a supplementary appropriation to the WV Board of Examiners for Registered Professional Nurses,
H. B. 117, Supplementing, amending, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation - Division of Highways,
H. B. 118, Making a supplementary appropriation to the Lottery Commission, the Division of Finance, Public Defender Services, and to the Division of Corrections ,
H. B. 119, Making a supplementary appropriation to the Governor's Office -Broadband Infrastructure Grant Fund, to the Department of Agriculture, to the Department of Education and the Arts, and to the Department of Health and Human Services ,
H. B. 120, Making a supplementary appropriation of federal funds to WorkForce West Virginia,
H. B. 121, Making a supplementary appropriation of federal funds to the Department of Agriculture, the Department of Commerce, the Department of Education and the Arts, the Department of Revenue, and to the State Rail Authority,
H. B. 122, Making a supplementary appropriation to the Higher Education Policy Commission, the WV Board of Examiners for Registered Professional Nurses, and to the Board of Medicine,
H. B. 123, Decreasing an item of appropriation from the Division of Highways, and adding a new item of appropriation to be designated as the Department of Transportation -Office of Administrative Hearings,
And,
Com. Sub. for H. B. 124, Making a supplementary appropriation to the Senate, to the House of Delegates, to the Joint Expenses, to the Department of Administration, the Department of Commerce, and to various other state agencies.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Azinger, Cann, Caputo, Hutchins, Mahan, Reynolds, Schadler, Shook, Sobonya and Stephens.
At 7:08 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, May, 19, 2010.

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