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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2010

FIFTH DAY

____________

Charleston, W. Va., Monday, May 17, 2010

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
Pending the reading of the Journal of Sunday, May 16, 2010,
On motion of Senator Guills, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 1003, Renaming conservation officers natural resources police officers.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 1001, Relating to school committees.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Plymale, the bill was rereferred to the Committee on Education.
Com. Sub. for Senate Bill No. 1002, Relating to annual professional personnel evaluations in public schools.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: None.
Engrossed Committee Substitute for Senate Bill No. 1002 was then read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 1002 pass?"
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, Yost and Tomblin (Mr. President)--28.
The nays were: Browning, Sypolt, White and Williams--4.
Absent: McCabe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 1002) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the Senate,
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.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 107--Providing for the issuance of not to exceed $45 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 $45 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 message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate again proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 1009, Relating to improving performance of schools and school districts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: White--1.
Engrossed Committee Substitute for Senate Bill No. 1009 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Browning--1.
Absent: White--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 1009) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Browning--1.
Absent: White--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 1009) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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
Com. Sub. for Senate Bill No. 1001 (originating in the Committee on Education), Relating to school committees.
And reports back a revised committee substitute for same with the following title:
Rev. 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 revised committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Rev. 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.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: White--1.
The bill was read a second time and ordered to engrossment and third reading.
The Senate again proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 109,
Providing for teacher empowerment teams.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Plymale, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Revised Committee Substitute for Senate Bill No. 1001.
The bill (Eng. Com. Sub. for H. B. No. 109), as amended, was then ordered to third reading.
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. 1006, Relating to alternative training and certification of principals and teachers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1006 (originating in the Committee on Education)--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; defining certain terms; setting forth procedures for approving alternative education programs by education providers; providing for alternative instructional requirements; establishing eligibility standards; setting forth certain requirements for training and induction; 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. 1006) 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.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: White--1.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 1006 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, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: White--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 1006) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: White--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 1006) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 1008, Relating to compulsory comprehensive health screenings for students.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1008 (originating in the Committee on Education)--
A Bill to amend and reenact §18-5-17 of the Code of West Virginia, 1931, as amended, relating to gradual implementation of compulsory comprehensive health screening for students entering kindergarten, third grade, sixth grade and ninth grade; defining terms; limiting developmental screening; requiring promulgation of legislative rules; and requiring an analysis of current infrastructure in place to implement requirements.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 1008) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the thirteenth order of business.
At the request of Senator McCabe, unanimous consent being granted, it was ordered that the Journal show had Senator McCabe been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 1002.
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, May 18, 2010, at 11 a.m.
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