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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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