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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2010
FIRST DAY
____________
Charleston, W. Va., Thursday, May 13, 2010
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the twelfth day of May, two
thousand ten, convening the seventy-ninth Legislature of West
Virginia in extraordinary session today (Thursday, May 13, 2010),
under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston at 12 o'clock Noon,
and was called to order by its President, the Honorable Earl Ray
Tomblin.
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
On the call of the roll, the following answered to their
names:
Senators Barnes, Boley, Bowman, Browning, Chafin, Deem,
Edgell, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President).
Thirty-one members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the
Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby call the Legislature
of West Virginia to convene in Extraordinary Session at twelve
o'clock noon on the thirteenth day of May, two thousand ten, in its
chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST: Legislation relating generally to the public schools;
authorizing the creation of autonomous schools to be known as
Charter Innovation Zone 2.0 Schools; setting forth requirements for Charter Innovation Zone 2.0 Schools; and creating the Charter
Innovation Zone 2.0 School Commission.
SECOND: Legislation relating to additional compensation for
certain professional personnel in the public schools; requiring a
minimum annual salary supplement and a minimum monetary incentive
for certain professional personnel; and authorizing additional
monetary compensation for certain professional personnel paid from
local funds.
THIRD: Legislation relating to health and developmental
screening of students in the public schools; and requiring a
comprehensive health screening for students entering public school
for the first time in this state, students entering third grade,
students entering sixth grade, and students entering ninth grade.
FOURTH: Legislation relating to hiring professional personnel
in the public schools; setting forth hiring criteria; and setting
forth requirements for hiring committees.
FIFTH: Legislation relating generally to improving school
performance; setting forth requirements for improving school
performance; requiring plans for early warnings and interventions;
adopting a performance-based model for evaluating school
performance; revising standards and criteria; authorizing certain
actions of the state board related to improving school performance;
and creating the Education Opportunity Zone 180 program.
SIXTH: Legislation relating to school committees; and
authorizing the reorganization of certain committees into
collaborative teams.
SEVENTH: Legislation relating to the training and
certification of certain professional personnel in the public
schools; authorizing alternative training and certification
programs for certain professional personnel; and setting forth
program requirements.
EIGHTH: Legislation relating to the evaluation of
professional personnel in the public schools; and requiring annual
evaluations.
NINTH: Legislation relating to the nomenclature of certain
law enforcement personnel within the Division of Natural Resources;
and clarifying the effect of certain terminology on pensions.
TENTH: Legislation relating generally to health and human
services; revising certain terms; and clarifying the authority of
certain state officers.
ELEVENTH: Legislation relating to dangerous weapons; and
addressing certain criminal penalties and fines.
TWELFTH: Legislation relating to the establishment of a
temporary high risk pool program to provide health insurance to
certain individuals; setting forth requirements for the program;
authorizing the insurance commissioner to take certain actions to establish and administer the program; and authorizing the insurance
commissioner to effectuate the insurance provisions of the Patient
Protection and Affordable Care Act of 2010.
THIRTEENTH: Legislation relating to the transfer of certain
funds; creating a special revenue account; and setting forth
requirements for expenditures.
FOURTEENTH: Legislation to authorize and appropriate the
expenditure of public moneys to pay the expenses of this
extraordinary session.
FIFTEENTH: Certain supplementary appropriation bills.
SIXTEENTH: Certain ceremonial and memorial resolutions.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, this the twelfth day of
May, in the year of our Lord, Two
Thousand Ten, and in the One
Hundred Forty-Seventh year of the
State.
JOE MANCHIN III,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 101--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Foster, Jenkins and Guills.
Subsequently, Senator Foster, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Beach, Klempa and Anderson, announced that the House
of Delegates has assembled in extraordinary session, with a quorum
present, and is ready to proceed with the business stated in the
proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 102--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Fanning, Minard and Sypolt.
A message from the House of Delegates, by
Delegates Staggers, D. Walker and Evans, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 102.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Fanning reported that the joint Senate
and House committee had performed the duty assigned to it.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1001--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-5D-1, §18-5D-2 and §18-5D-3, all relating to school
committees; establishing purpose; authorizing waiver of statutes
and rules requiring certain committees; authorizing the creation of
collaborative teams in place of certain committees; creating
application and approval process for waiver; providing for certain
votes; and authorizing rulemaking.
At the request of Senator Chafin, and by unanimous consent, the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Education.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1002--A Bill to amend and reenact §18A-2-12
and §18A-2-12a of the Code of West Virginia, 1931, as amended, all
relating to the evaluation of professional personnel in the public
schools; requiring annual evaluations; and establishing effective
dates.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Education.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1003--A Bill to amend and reenact §15-2-12 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§15-10-3 of said code; to amend and reenact §15-10A-2 of said code;
to amend and reenact §17-24A-1 and §17-24A-2 of said code; to amend
and reenact §17A-3-23 of said code; to amend and reenact §17C-4-16
of said code, as contained in Chapter 173, Acts of the Legislature,
Regular Session, 2010; to amend and reenact §17C-5-4 of said code; to amend and reenact §18B-10-7 of said code; to amend and reenact
§19-20A-7 of said code; to amend and reenact §20-1-13 of said code;
to amend and reenact §20-2-5, §20-2-15, §20-2-16, §20-2-22,
§20-2-22a, §20-2-56a and §20-2-57a of said code; to amend and
reenact §20-2-7 of said code, as contained in Chapter 141, Acts of
the Legislature, Regular Session, 2010; to amend and reenact
§20-7-1, §20-7-1a, §20-7-1b, §20-7-1c, §20-7-1d, §20-7-1e,
§20-7-1f, §20-7-2, §20-7-3, §20-7-4 and §20-7-12b of said code; to
amend and reenact §22-15A-19 of said code; to amend and reenact
§29-2A-11a of said code; to amend and reenact §29-3-12 of said
code; to amend and reenact §30-29-1 of said code; and to amend and
reenact §36-8A-1 of said code, all relating generally to
conservation officers; renaming conservation officers and fish and
game wardens as natural resources police officers; renaming the
chief conservation officer as the chief natural resources police
officer; clarifying that certain provisions of the West Virginia
Code are inapplicable to the pensions of natural resources police
officers paid through the Public Employees Retirement System; and
making technical amendments throughout.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
the Judiciary; and then to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1004--A Bill to repeal §27-1A-12 of the Code
of West Virginia, 1931, as amended; to repeal §27-2-1a and §27-2-1b
of said code; to amend and reenact §9-4C-1 and §9-4C-5 of said
code; to amend and reenact §9-5-11c of said code; to amend and
reenact §11-27-10 and §11-27-11 of said code; to amend and reenact
§16-1-4 of said code; to amend and reenact §16-2D-2 and §16-2D-5 of
said code; to amend and reenact §16-5F-2 of said code; to amend and
reenact §16-5O-2 of said code; to amend and reenact §16-22-1 and
§16-22-2 of said code; to amend and reenact §16-29A-3 of said code;
to amend and reenact §16-30-7 and §16-30-24 of said code; to amend
and reenact §27-1-3, §27-1-6, §27-1-7 and §27-1-9 of said code; to
amend and reenact §27-1A-1, §27-1A-4 and §27-1A-6 of said code; to
amend and reenact §27-2-1 of said code; to amend and reenact
§27-2A-1 of said code; to amend and reenact §27-5-9 of said code;
to amend and reenact §27-9-1 of said code; to amend and reenact
§27-12-1 of said code; to amend and reenact §29-15-1, §29-15-5 and
§29-15-6 of said code; to amend and reenact §44A-1-1 and §44A-1-2
of said code; and to amend and reenact §49-4A-6 of said code, all
relating to intellectually disabled persons; revising nomenclature
in favor of the term "intellectual disability"; renaming
facilities, operations and references accordingly; removing antiquated code sections; revising definitions; providing that
previous terminology will control in certain situations; and
updating certain statutory provisions to reflect prior changes
occurring elsewhere in the code.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on the Judiciary.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1005--A Bill to amend and reenact §61-7-10 of
the Code of West Virginia, 1931, as amended, relating to the
unlawful transfer of firearms or ammunition to prohibited persons;
increasing fines and penalties for certain offenses; creating
felony offenses relating to the transfer of firearms or ammunition
under certain circumstances; and establishing criminal penalties.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on the Judiciary.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1006--A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to
alternative principal and teacher certification; authorizing
alternative principal and teacher certification programs; providing
for alternative instructional requirements; providing eligibility
standards for principals; authorizing alternative programs by
approved education providers; setting forth certain requirements
for training and induction; and authorizing rules.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Education.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 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 and
§18-5C-17, all relating to the creation of Charter Innovation Zone
2.0 Schools; defining terms; establishing legislative findings and
purpose; providing that Charter Innovation Zone 2.0 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;
creating the Charter Innovation Zone 2.0 Schools Commission;
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; providing for maintenance agreements;
authorizing rules and emergency rules; authorizing virtual Charter
Innovation Zone 2.0 Schools; and permitting students to participate
in extracurricular activities.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
Education; and then to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1008--A Bill to amend and reenact §18-5-17 of
the Code of West Virginia, 1931, as amended, relating to compulsory
comprehensive health screening for students entering public school
for the first time in this state, students entering third grade,
students entering sixth grade and students entering ninth grade;
defining terms; and limiting developmental screening.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
Education; and then to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1009--A Bill to amend and reenact §18-2E-5 of
the Code of West Virginia, 1931, as amended, as contained in
Chapter 58, Acts of the Legislature, Regular Session, 2010,
relating to the improvement of schools and school districts;
requiring electronic county and school strategic improvement plans to plan for early warnings and interventions; requiring electronic
county and school strategic improvement plans to report on the
level of performance as relates to the high quality education
standards and efficiency standards; revising high quality education
standards; revising graduation standards used to determine adequate
yearly progress under the No Child Left Behind Act; requiring state
annual performance measures to account for growth over the previous
year; revising extraordinary circumstances that may warrant a
school being given a low-performing accreditation status; narrowing
deadlines for improvement of low performance in schools;
authorizing the district-wide transfer of principals in school
systems on nonapproved status; revising school system approval
criteria for schools given temporary and conditional status;
requiring the revision of electronic county strategic improvement
plans to reach full approval status; and establishing the Education
Opportunity Zone 180 program.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Education.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1010--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §9-2-9c, relating to creating a fund for the transfer of
moneys from the Attorney General to the Department of Health and
Human Resources.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1011--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-2-23, relating to effectuating the federal Patient
Protection and Affordable Care Act of 2010; authorizing the
Insurance Commissioner to apply for and expend certain federal
grants; authorizing the Insurance Commissioner to enter into
contracts to implement insurance programs authorized under the
federal Patient Protection and Affordable Care Act of 2010;
exempting certain contracts from the state purchasing rules;
authorizing the Insurance Commissioner to designate a plan
administrator; establishing a special revenue account in the State
Treasury; authorizing investment; and authorizing the Insurance
Commissioner to promulgate emergency and legislative rules to effectuate certain provisions of the federal Patient Protection and
Affordable Care Act of 2010.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
the Judiciary; and then to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1012--A Bill to amend and reenact §18-7A-3 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto three new sections, designated §18A-4-2c, §18A-4-3a
and §18A-4-3b; and to amend and reenact §18A-4-5a of said code, all
relating to additional compensation for professional school
personnel; establishing findings; requiring a salary supplement for
teachers, principals and assistant principals employed in a school
with a student population that is high poverty or high minority;
requiring a salary supplement for classroom teachers employed in a
school with a student population that is high poverty or high
minority and who teach in a documented area of shortage; defining
terms; requiring a monetary incentive for meeting goals for student
growth during the previous school year; requiring uniformity;
authorizing additional monetary payments paid from local funds;
excluding certain monetary compensation created by this legislation from inclusion for purposes of calculating retirement benefits; and
authorizing rules.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
Education; and then to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Education.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 13, 2010
Senate Executive Message No. 1
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1. For Member, Industrial Council, Dan Marshall,
Parkersburg, Wood County, for the term ending June 30, 2012.
2. For Member, Industrial Council, Bill Dean, Wheeling, Ohio
County, for the term ending June 30, 2012.
3. For Member, Industrial Council, William Chambers,
Charleston, Kanawha County, for the term ending June 30, 2013.
4. For Member, Public Port Authority, David Efaw, Blount,
Kanawha County, for the term ending June 30, 2011.
5. For Member, Pierpont Community and Technical College
Board of Governors, Sharon Shaffer, Farmington, Marion County, for
the term ending June 30, 2012.
6. For Member, Motor Vehicle Dealers Advisory Board, Pete
Lopez, Spencer, Roane County, for the term ending June 30, 2012.
7. For Member, Motor Vehicle Dealers Advisory Board, Kelly
Smith, Charleston, Kanawha County, for the term ending June 30,
2010.
8. For Member, Motor Vehicle Dealers Advisory Board, Polly
Dillard, Charleston, Kanawha County, for the term ending June 30,
2010.
9. For Member, Motor Vehicle Dealers Advisory Board, Larry
Myers, Bridgeport, Harrison County, for the term ending June 30,
2011.
10. For Member, Motor Vehicle Dealers Advisory Board, James
Williams, Martinsburg, Berkeley County, for the term ending June
30, 2011.
11. For Member, Motor Vehicle Dealers Advisory Board, Michael
Ratz, Logan, Logan County, for the term ending June 30, 2011.
12. For Member, Motor Vehicle Dealers Advisory Board,
Margaret Wills, Rachel, Marion County, for the term ending June 30,
2010.
13. For Member, Motor Vehicle Dealers Advisory Board, Michael
Keener, Hurricane, Putnam County, for the term ending June 30,
2010.
14. For Member, School of Osteopathic Medicine Board of
Governors, Dr. Kendall Wilson, Lewisburg, Greenbrier County, for
the term ending June 30, 2012.
15. For Member, School of Osteopathic Medicine Board of
Governors, Cheryl Schreiber, Weirton, Brooke County, for the term
ending June 30, 2012.
16. For Member, School of Osteopathic Medicine Board of
Governors, Heather Antolini, Beckley, Raleigh County, for the term
ending June 30, 2013.
17. For Acting Commissioner, Tax Division, Craig Griffith,
Charleston, Kanawha County, to serve at the will and pleasure of
the Governor.
18. For Member, Board of Funeral Service Examiners, Chad
Harding, Poca, Putnam County, for the term ending June 30, 2013.
19. For Member, Unemployment Compensation Board of Review,
James Dillon, Hinton, Summers County, for the term ending January
1, 2011.
20. For Member, Unemployment Compensation Board of Review,
Carole Bloom, Charleston, Kanawha County, for the term ending
January 1, 2011.
21. For Member, Lottery Commission, Douglas Bicksler,
Lewisburg, Greenbrier County, for the term ending June 30, 2014.
22. For Member, Consolidated Public Retirement Board, Tony
Payne, Hurricane, Putnam County, for the term ending June 30, 2015.
23. For Member, Municipal Pensions Oversight Board, David
Palmer, Wheeling, Ohio County, for the term ending January 1, 2013.
24. For Member, Municipal Pensions Oversight Board, Stephen
Neddo, Scott Depot, Putnam County, for the term ending January 1,
2013.
25. For Member, Municipal Pensions Oversight Board, Lisa
Dooley, Charleston, Kanawha County, for the term ending January 1,
2011.
26. For Member, Municipal Pensions Oversight Board, Don
Lucci, Charleston, Kanawha County, for the term ending January 1,
2015.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Stollings, consideration of the
nominations immediately hereinbefore reported was made a special
order of business for tomorrow, Friday, May 14, 2010, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 1003, Renaming conservation officers natural
resources police officers.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary in earlier proceedings
today;
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 1004,
Replacing references to "mentally
retarded" with "intellectually disabled"
.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary in earlier proceedings
today;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 1005,
Relating to criminal offenses and
penalties regarding firearms and ammunition sales.
And reports back a committee
substitute for same with the
following title:
Com. Sub. for Senate Bill No. 1005 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-7-10 of the Code of West Virginia, 1931, as amended, relating to the
unlawful transfer of firearms or ammunition to prohibited persons;
increasing fines and penalties for certain offenses; creating
felony offenses relating to the transfer of firearms or ammunition
under certain circumstances; prohibiting persons other than law-
enforcement officers acting in their official capacity from
soliciting others to violate state and federal firearms laws;
distinguishing between firearms and other deadly weapons for
criminal offense purposes; and modifying and establishing criminal
penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 1005) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 1011, Implementing temporary high risk pool program to provide certain health insurance coverage
.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary in earlier proceedings
today;
And reports the same back with the recommendation that it do
pass
; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
The Senate again proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1014--A Bill making a supplementary
appropriation of federal funds out of the Treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending June 30, 2010, to the Governor's Office - Office of Economic
Opportunity Community Services, fund 8799, fiscal year 2010, organization 0100, and to Workforce West Virginia - Workforce
Investment Act, fund 8749, fiscal year 2010, organization 0323, by
supplementing and amending the appropriations for the fiscal year
ending June 30, 2010.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1015--A Bill making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue, to the Department of Agriculture, fund
0131, fiscal year 2010, organization 1400, to the West Virginia
Conservation Agency, fund 0132, fiscal year 2010, organization
1400, to the Department of Commerce - West Virginia Development
Office, fund 0256, fiscal year 2010, organization 0307, to the
Department of Education - State Department of Education, fund 0313,
fiscal year 2010, organization 0402, to the Department of Education
- State Department of Education - Aid for Exceptional Children,
fund 0314, fiscal year 2010, organization 0402, and to the
Department of Military Affairs and Public Safety - Division of
Homeland Security and Emergency Management, fund 0443, fiscal year
2010, organization 0606, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2010.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1016--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending June 30, 2010, to the WV Board of
Examiners for Registered Professional Nurses, fund 8520, fiscal
year 2010, organization 0907, all supplementing and amending the
appropriation for the fiscal year ending June 30, 2010.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1017--A Bill supplementing, amending and
increasing items of the existing appropriations 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.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1018--A Bill making a supplementary
appropriation from the State Fund, State Excess Lottery Revenue
Fund, to the Lottery Commission - Excess Lottery Revenue Fund Surplus, fund 7208, fiscal year 2010, organization 0705, to the
Division of Finance, fund 2208, fiscal year 2010, organization
0209, to a new item of appropriation designated to the Public
Defender Services, fund 2422, fiscal year 2010, organization 0221,
and to the Division of Corrections - Correctional Units, fund 6283,
fiscal year 2010, organization 0608, by supplementing and amending
Chapter 10, Acts of the Legislature, Regular Session, 2009, known
as the Budget Bill.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1019--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending June 30, 2010, to a new item of
appropriation designated to the Governor's Office - ARRA NTIA
Broadband Infrastructure Grant Fund, fund 8717, fiscal year 2010,
organization 0100, to the Department of Agriculture - Land
Protection Authority, fund 8896, fiscal year 2010, organization
1400, to the Department of Education and the Arts - State Board of
Rehabilitation - Division of Rehabilitation Services - Disability
Determination Services, fund 8890, fiscal year 2010, organization
0932, and to the Department of Health and Human Resources -
Division of Health - Central Office, fund 8802, fiscal year 2010, organization 0506, by supplementing and amending Chapter 10, Acts
of the Legislature, Regular Session, 2009, known as the Budget
Bill.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1020--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 Workforce West Virginia - Workforce
Investment Act, fund 8749, fiscal year 2011, organization 0323, by
supplementing and amending the appropriation for the fiscal year
ending June 30, 2011.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1021--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 the Department of Agriculture - Land
Protection Authority, fund 8896, fiscal year 2011, organization
1400, to the Department of Commerce - Division of Natural
Resources, fund 8707, fiscal year 2011, organization 0310, to the Department of Education and the Arts - State Board of
Rehabilitation - Division of Rehabilitation Services - Disability
Determination Services, fund 8890, fiscal year 2011, organization
0932, to a new item of appropriation designated to the Department
of Revenue - Insurance Commissioner - Qualified High Risk Pool,
fund 8790, fiscal year 2011, organization 0704, and to the
Department of Transportation - State Rail Authority, fund 8733,
fiscal year 2011, organization 0804, by supplementing and amending
Chapter 8, Acts of the Legislature, Regular Session, 2010, known as
the Budget Bill.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1022--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending June 30, 2011, to the Higher Education
Policy Commission - System - Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund) Control Account,
fund 4903, fiscal year 2011, organization 0442, to the WV Board of
Examiners for Registered Professional Nurses, fund 8520, fiscal
year 2011, organization 0907, and to the Board of Medicine, fund
9070, fiscal year 2011, organization 0945, by supplementing and
amending the appropriations for the fiscal year ending June 30, 2011.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1023--A Bill supplementing and amending
appropriations from the State Road Fund by decreasing an existing
item of appropriation from the Department of Transportation -
Division of Highways, fund 9017, fiscal year 2011, organization
0803, and adding a new item of appropriation to be designated as
the Department of Transportation - Office of Administrative
Hearings, fund 9027, fiscal year 2011, organization 0808, by
supplementing and amending Chapter 8, Acts of the Legislature,
Regular Session, 2010, known as the Budget Bill.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President) (By Request of the
Executive):
Senate Bill No. 1024--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 Senate, fund 0165, fiscal year 2011,
organization 2100, to the House of Delegates, fund 0170, fiscal
year 2011, organization 2200, to Joint Expenses, fund 0175, fiscal
year 2011, organization 2300, to a new item of appropriation designated to the Department of Administration - Travel Management,
fund 0615, fiscal year 2011, organization 0215, to the Department
of Administration - Real Estate Division, fund 0610, fiscal year
2011, organization 0233, to the Department of Commerce - West
Virginia Development Office, fund 0256, fiscal year 2011,
organization 0307, to the Department of Education - State Board of
Education - Vocational Division, fund 0390, fiscal year 2011,
organization 0402, to the Department of Education and the Arts -
Department of Education and the Arts - Office of the Secretary,
fund 0294, fiscal year 2011, organization 0431, to the Department
of Education and the Arts - Division of Culture and History, fund
0293, fiscal year 2011, organization 0432, to the Department of
Education and the Arts - Library Commission, fund 0296, fiscal year
2011, organization 0433, to the Department of Health and Human
Resources - Division of Health - Central Office, fund 0407, fiscal
year 2011, organization 0506, to the Department of Health and Human
Resources - Division of Human Services, fund 0403, fiscal year
2011, organization 0511, to the Department of Military Affairs and
Public Safety - Department of Military Affairs and Public Safety -
Office of the Secretary, fund 0430, fiscal year 2011, organization
0601, to the Department of Military Affairs and Public Safety -
West Virginia State Police, fund 0453, fiscal year 2011,
organization 0612, and to Higher Education - Higher Education Policy Commission - Administration - Control Account, fund 0589,
fiscal year 2011, organization 0441, by supplementing and amending
Chapter 8, Acts of the Legislature, Regular Session, 2010, known as
the Budget Bill.
Referred to the Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Chafin.
Pending announcement of meetings of standing committees of the
Senate,
Senator Chafin then moved that the Senate adjourn until
tomorrow, Friday, May 14, 2010, at 11 a.m.
The question being on the adoption of Senator Chafin's
aforestated motion, and on this question, Senator Chafin demanded
the yeas and nays.
The roll being taken,
the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, K. Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Kessler, Laird, McCabe, Minard,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: D. Facemire and Jenkins--2.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Friday, May 14, 2010, at 11 a.m.
____________
SENATE CALENDAR
Friday, May 14, 2010
11:00 A.M.
________
SPECIAL ORDER OF BUSINESS
Friday, May 14, 2010 - 11:00 A.M.
Consideration of executive nominations
_________
SECOND READING
S. B. No. 1004 - Replacing references to "mentally retarded" with "intellectually disabled"
- (Com. amend. pending).
Com. Sub. for S. B. No. 1005 - Relating to criminal offenses and penalties regarding
firearms and ammunition sales.
ANNOUNCED SENATE MEETINGS
First Extraordinary Session 2010
__________
Friday, May 14, 2010
Finance Committee:
10:00 a.m. (Room No. 451M)
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