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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2010

FOURTH DAY

____________

Charleston, W. Va., Sunday, May 16, 2010

The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Clark S. Barnes, a senator from the fifteenth district.
Pending the reading of the Journal of Saturday, May 15, 2010,
On motion of Senator Minard, the Journal was approved and the further reading thereof dispensed with.
The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual Maternal Mortality Review Team report as required by chapter forty-eight, article twenty-five-a, section three of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the West Virginia Ethics Commission, submitting its past advisory opinions issued during the preceding calendar year, in accordance with chapter six-b, article two, section three of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following supplement to the proclamation dated May 12, 2010, from His Excellency, the Governor, 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

By the Governor

I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority conferred upon me by Section 7, Article VII of the Constitution of West Virginia, do hereby state and proclaim that the Legislature, in Extraordinary Session commencing the thirteenth day of May, two thousand ten, in its chambers in the State Capitol, City of Charleston, consider, in addition to the items of business stated and proclaimed in my proclamation of the twelfth day of May, two thousand ten, the following additional item of business:
SEVENTEENTH: A resolution providing for the issuance of not to exceed $45 million of refunding bonds pursuant to the Safe Roads Amendment of 1996.
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 fifteenth 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.
The Senate proceeded to the sixth order of business.
Senator Tomblin (Mr. President) (By Request of the Executive) offered the following resolution:
Senate Concurrent Resolution No. 101--Providing for the issuance of not to exceed $6045 million of refunding bonds pursuant to the "Safe Roads Amendment of 1996", article two-g, chapter thirteen of the Code of West Virginia and article twenty-six, chapter seventeen of said code.
Resolved by the Legislature of West Virginia:
That safe road refunding bonds in the principal amount not to exceed $6045 million are authorized to be issued by the State of West Virginia and sold by the Governor by the fiscal year ending June 30, 2011; and, be it
Further Resolved, That the bonds shall be issued in registered form, in such denominations, maturing at such times and bearing such date or dates as the Governor may determine; and, be it
Further Resolved, That all such bonds shall be payable at the Office of the Treasurer of the State of West Virginia, or at a bank in the City of Charleston to be designated by the Governor; and, be it
Further Resolved, That the bonds shall bear interest at rates and be payable in amounts as determined by the Governor; and, be it
Further Resolved, That the State Treasurer shall pay the principal and/or interest then due on the bonds to the registered owners thereon at the addresses shown by the record of registration; and, be it
Further Resolved, That the bonds shall be signed as provided in section two, article twenty-six, chapter seventeen of the Code of West Virginia; and, be it
Further Resolved, That the bonds may be redeemable on such date or dates prior to maturity as determined by the Governor; and, be it
Further Resolved, That the Governor shall sell the bonds herein mentioned at such time or times in such amounts, not exceeding the aggregate principal amount described above, at such prices as he may determine necessary to provide funds for the purposes provided below; and, be it
Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid into a special and irrevocable trust fund, separate and apart from other funds of the State of West Virginia, to be held in the custody of an escrow trustee to be designated by the Governor; and, be it
Further Resolved, That an irrevocable deposit of said moneys in trust for, and such moneys and the investments thereof, together with any income or interest earned thereon, shall be applied to the payment of the principal of and interest on certain issued and outstanding safe road bonds, to be selected by the Governor, as the same become due and payable.
At the request of Senator Chafin, and by unanimous consent, the resolution was taken up for immediate consideration.
The resolution was then referred to the Committee on Finance.
On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
Eng. Senate Bill No. 1024, Making supplementary appropriation from State Fund, General Revenue, to various accounts.
Passed by the Senate on yesterday, Saturday, May 15, 2010,
The bill now being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote as to the effective date, title amendment and passage.
The vote thereon having been reconsidered,
On motion of Senator Chafin, the Senate reconsidered its action by which on yesterday, Saturday, May 15, 2010, it adopted the Finance committee amendment to the bill (shown in the Senate Journal of that day, page 23).
The vote thereon having been reconsidered,
The question being on the adoption of the Finance committee amendment to the bill.
Thereafter, at the request of Senator Helmick, as chair of the Committee of Finance, and by unanimous consent, the Finance committee amendment to the bill was withdrawn.
On motion of Senator Helmick, the following amendment to the bill (Eng. S. B. No. 1024) was reported by the Clerk and adopted:
On page twelve, after line two, by inserting the following:
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0313, fiscal year 2011, organization 0402, be supplemented and amended by adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION

46-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2011 Org 0402

General
Act-Revenue
ivityFunds

1
English as a Second Language528$350,000

The bill, as just amended, was again ordered to engrossment and third reading.
Engrossed Senate Bill No. 1024 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, 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: Deem and Guills--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1024) passed.
At the request of Senator Helmick, as chair of the Committee of Finance, and by unanimous consent, the Finance committee amendment to the title of the bill was withdrawn.
On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. 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 Department of Education, fund 0313, fiscal year 2011, organization 0402, 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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, 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: Deem and Guills--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1024) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Petitions

Senator Yost presented a petition from Regina Glass and numerous Hancock County teachers, requesting decision-making input in educational reform.
Referred to the Committee on Education.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 1011, Implementing temporary high risk pool program to provide certain health insurance coverage.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Senate Bill No. 1011 pass?"
On the passage of the bill,
the yeas were: Bowman, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--26.
The nays were: Barnes, Boley, K. Facemyer, Hall and Sypolt--5.
Absent: Deem and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1011) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bowman, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--26.
The nays were: Barnes, Boley, K. Facemyer, Hall and Sypolt--5.
Absent: Deem and Guills--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1011) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senators Hall, Kessler, Helmick, Jenkins, K. Facemyer, Chafin, Barnes and Minard regarding the passage of Engrossed Senate Bill No. 1011 were ordered printed in the Appendix to the Journal.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 1001, Relating to school committees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1001 (originating in the Committee on Education)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 2-38; and to amend said code by adding thereto a new article, designated §18-5D-1, §18-5D-2 and §18-5D-3, all relating to school teams and school committees; making legislative findings; requiring state board study; establishing purposes; authorizing waiver of certain state board rules; authorizing creation of collaborative teams in certain circumstances; creating application and approval process for certain waiver requests; providing for certain votes; and requiring certain legislative rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 1001) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 1002, Relating to annual professional personnel evaluations in public schools.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1002 (originating in the Committee on Education)--
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 at least annual evaluations; and establishing effective dates.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 1002) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 1009, Relating to improving performance of schools and school districts.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1009 (originating in the Committee on Education)--A Bill
to repeal §18-2E-5c of the Code of West Virginia, 1931, as amended; to amend and reenact §18-1-4 of said code; and to amend and reenact §18-2E-5 of said code, as contained in Chapter 58, Acts of the Legislature, Regular Session, 2010, all 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 certain 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; establishing the Education Opportunity Zone 180 program; eliminating the Process for Improving Education Council; and clarifying requirement for legislative rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 1009) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 109--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 collaborative team school-based decision-making; establishing purpose; school application to state board to create teams; request to replace certain school-level committees; contents of application; local level approval prior to submission of application; state board approval; state board waiver of rules requiring certain school-level committees; exemptions granted to school from certain statutes requiring school-level committees is requested in approved application; collaborative team authorization to request waivers of state and county policies; and requiring state board rule.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Chafin.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Monday, May 17, 2010, at 11 a.m.
____________


SENATE CALENDAR


Monday, May 17, 2010


11:00 A.M.

_______



SECOND READING


Com. Sub. for S. B. No. 1001 - Relating to school committees (original same as H. B. No. 109).


Com. Sub. for S. B. No. 1002 - Relating to annual professional personnel evaluations in public schools (original same as H. B. No. 111).


Com. Sub. for S. B. No. 1009 - Relating to improving performance of schools and school districts (original same as H. B. No. 108).


Eng. Com. Sub. for H. B. No. 109 - Providing for teacher empowerment teams (original same as S. B. No. 1001).
ANNOUNCED SENATE MEETINGS


First Extraordinary Session 2010


__________


Monday, May 17, 2010


Education Committee:
2:00 p.m. (Room No. 451M)

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