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

House Journal


Day 01 (07-15-2010)
Day 02 (07-16-2010)
Day 03 (07-17-2010)
Day 04 (07-18-2010)
Day 05 (07-19-2010)
Day 06 (07-20-2010)
hdj2010-07-20-06


__________*__________




Tuesday, July 20, 2010

SIXTH DAY

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



The House of Delegates met at 4:00 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 roll being called (Roll No. 498), and 86 members having answered to their names, the Speaker declared the presence of a quorum.
The Clerk proceeded to read the Journal of Monday, July 19, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 202, Supplemental, Secretary of State,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 202 - "A Bill supplementing and amending chapter eight, acts of the Legislature, regular session, 2010, known as the budget bill, all supplementing and amending the appropriation for the fiscal year ending June 30, 2011,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 202) was taken up for immediate consideration, read a first time and ordered to second reading.
On motions for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates White, M. Poling, Kominar, Spencer, Guthrie, Klempa, Mahan, Phillips, Doyle, Carmichael and Ashley:

H. B. 214 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Agriculture, fund 0131, fiscal year 2011, organization 1400, to the Attorney General, fund 0150, fiscal year 2011, organization 1500, to the Department of Administration - Division of General Services, fund 0230, fiscal year 2011, organization 0211, to the Department of Administration - West Virginia Public Employees Grievance Board, fund 0220, fiscal year 2011, organization 0219, to the Department of Commerce - Department of Commerce - Office of the Secretary, fund 0606, fiscal year 2011, organization 0327, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, and to the Department of Commerce - Division of Miners' Health, Safety and Training, fund 0277, fiscal year 2011, organization 0314, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011",
By Delegates White, M. Poling, Kominar, Iaquinta, Marshall, Doyle, Phillips, Mahan, Klempa, Guthrie and Spencer:

H. B. 215
- "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, 2011, to a new item of appropriation designated to the Governor's Office, fund 8742, fiscal year 2011, organization 0100, to the Department of Education and the Arts - Office of the Secretary, fund 8841, fiscal year 2011, organization 0431, to the Department of Environmental Protection - Division of Environmental Protection, fund 8708, fiscal year 2011, organization 0313, and to the Department of Revenue - Insurance Commissioner - Qualified High Risk Pool, fund 8790, fiscal year 2011, organization 0704, by supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill",
And,
By Delegates White, M. Poling, Kominar, Spencer, Guthrie, Klempa, Mahan, Phillips, Anderson, Border and Walters:

H. B. 216
- "A Bill supplementing and amending an item of the existing appropriation from the State Fund, General Revenue to the Governor's Office - Civil Contingent Fund, fund 0105, fiscal year 2011, organization 0100."
At the respective requests of Delegate Boggs, and by unanimous consent, the bills (H. B. 214, H. B. 215 and H. B. 216 ) were each taken up for immediate consideration, read a first time and ordered to second reading.
House Calendar

Third Reading

Com. Sub. for S. B. 2001, Filling of vacancies in office of U. S. Senator; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
Second Reading

Com. Sub. for H. B. 204, Creating a compulsory comprehensive health screening for public school students; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 206, Encouraging teacher collaboration through the establishment of alternative school-level decision-making bodies; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page six, line thirteen, following the word "article", by striking out the word "two-a" and inserting in lieu thereof the word "five-a".
And,
On page nine, line four, following the period, by inserting the following sentence: "The rule shall include a process for schools to appeal to the state board for approval of an application under this article for which approval has been denied by the county superintendent or county board, or both."

There being no further amendments, the bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 208, Relating to the evaluation of professional personnel in the public schools; on second reading, coming up in regular order, was read a second time.
On motion of Delegate M. Poling, the bill was amended on page five, section twenty-two, line fifty-five, by striking out paragraph (B) and inserting in lieu thereof a new paragraph (B) to read as follows:
"(B) Teachers in their third year of employment shall have one evaluation per year including two observations of thirty minutes duration each" and a semi-colon.
There being no further amendments, the bill was ordered to engrossment and third reading.
H. B. 210, Providing uniformity in alternative schools and requiring a pilot program that will allow alternative schools in elementary and middle schools; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 211, Allowing more counties to apply to participate in the military and overseas voting pilot program for the 2010 general election; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 212, Removing the sunset provision regarding family court appeals; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 213, Supplemental appropriation to the State Department of Education, elementary/middle alternative schools; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
S. B. 2003, Extending sunset provision relating to foundation investments by MU and WVU; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section twelve-d, line five, following the words "exists on", by striking out the word "the".
And,
On page four, section twelve-d, following line twelve, by inserting a new subsection to read as follows:
"(h) The amendments to this section in the second extraordinary session of the Legislature in 2010 shall apply retroactively so that the authority granted by this section shall be construed as if that authority did not expire on July 1, 2010."
There being no further amendments, the bill was ordered to third reading.
S. B. 2004, Relating to compulsory comprehensive health screens for students; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Boggs, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Eng. Com. Sub. for H. B. 204.
There being no further amendments, the bill was ordered to third reading.
S. B. 2006, Relating to school committees and school teams; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Boggs, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Eng. H. B. 206.
There being no further amendments, the bill was ordered to third reading.
S. B. 2008, Relating to annual professional personnel evaluations in public schools; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Boggs, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Eng. Com. Sub. for H. B. 208.
There being no further amendments, the bill was ordered to third reading.
S. B. 2009, Relating to pilot programs to increase academic achievement; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out remainder of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-3-12, to read as follows:
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-12. Special community development school pilot program.
(a) The state superintendent shall establish a special community development school pilot program to be implemented in one public school for the duration of five years. The public school designated by the state superintendent for the pilot shall have significant enrollments of disadvantaged, minority and underachieving students. The designated public school under the direction of the county board and county superintendent shall work in collaboration with higher education, community organizations and the state board to develop and implement strategies that could be replicated in other public schools with significant enrollments of disadvantaged, minority and underachieving students to improve academic achievement.
(b) Beginning in January, 2011, on or before the first day of the regular session of the Legislature, and each year thereafter, the state superintendent shall make a status report to the Legislative Oversight Commission on Education Accountability and to the state board. The report may include any recommendations based on the progress of the demonstration project that he or she considers either necessary for improving the operations of the demonstration project or prudent for improving student achievement in other public schools through replication of successful demonstration school programs."
There being no further amendments, the bill was ordered to third reading.
S. B. 2010, Relating to pilot programs for alternative schools in elementary and middle schools; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Frazier and M. Poling, the bill was amended on page three, section six, line nine, following the word "interventions", by inserting the words "including referrals to local juvenile courts".
There being no further amendments, the bill was ordered to third reading.
On motion of Delegate Boggs, Com. Sub. for H. B. 204, H. B. 206, H. B. 208 and H. B. 210 were laid upon the table.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Andes, Argento, Ashley, Brown, Cann, Caputo, Ellem, Hutchins, Manchin, Ross, Schadler, Shook, Stephens and Varner.
At 4:19 p.m., the House of Delegates adjourned until 3:00 p.m., Wednesday, July 21, 2010.

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