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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2010

SIXTH DAY

____________

Charleston, W. Va., Tuesday, May 18, 2010

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

Prayer was offered by the Honorable Mike Hall, a senator from the fourth district.
Pending the reading of the Journal of Monday, May 17, 2010,
On motion of Senator Bowman, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded 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. 1012, Relating to additional compensation for certain professional school personnel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1012 (originating in the Committee on Education)--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 who teach in a documented area of shortage in the areas of math and science and meet other requirements; 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 requiring legislative rules.
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. 1012) 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.
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. 1013, Relating to hiring professional school personnel.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Education on May 13, 2010;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 1013) contained in the preceding report from the Committee on Education was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
On page twelve, section seven-a, lines twelve through fourteen, by striking out the words "who may interview job candidates independently. The county superintendent shall make the final hiring recommendation to the county board" and inserting in lieu thereof the words "who shall communicate the recommendation to the county board".
The bill (S. B. No. 1013), as amended, was 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, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--2.
Engrossed Senate Bill No. 1013 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, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--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. 1013) passed.
The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
Eng. 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 to interview certain candidates and make a hiring recommendation to the county superintendent; requiring the county superintendent to communicate the recommendation to the county board; and providing for hiring committee membership.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--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. 1013) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Rev. Com. Sub. for Senate Bill No. 1001, Relating to school committees.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Plymale, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for House Bill No. 109, Providing for teacher empowerment teams.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Plymale, the Senate reconsidered the vote by which on yesterday, Monday, May 17, 2010, it adopted Senator Plymale's amendment to the bill (shown in the Senate Journal of that day, pages 9 and 10).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Plymale's amendment to the bill.
At the request of Senator Plymale, and by unanimous consent, Senator Plymale's amendment to the bill was withdrawn.
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 following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a section, designated §18-2-38; and that said code be amended by adding thereto a new article, designated §18-5D- 1, §18-5D-2 and §18-5D-3, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-38. School committees and school teams; legislative findings; state board study.

(a) Legislative findings.
(1) The Legislature finds that the ultimate purpose of public education is to create the best possible environment to foster the teaching and learning process and that this purpose is best accomplished when professional educators are involved in direct interaction with students.
(2) The Legislature finds further that a number of school committees and school teams have been created over the years, both by state board policy and by state statute, designed to meet the needs of a specific time or place and that these committees and teams sometimes linger long after the specific purpose or need that created them has passed. The time and paperwork required to keep these committees and teams functioning may create a burden for school personnel in certain circumstances.
(3) The Legislature finds further that a thorough study is needed to determine the feasibility, effectiveness and necessity of each of these committees and teams in relation to one other and to the needs of the students and schools they are intended to serve.
(b) State board study.
(1) Therefore, in view of the findings in subsection (a) of this section, it is the intent of the Legislature that the state board undertake a study of each school committee or school team created by statute or by state board policy and determine its organizational goals, effectiveness in meeting those goals, and viability in relation to the demands of time and paperwork it places on principals, teachers and other school personnel. The study further shall consider alternative ways that the goals of these teams and committees may be met to involve stakeholders in the education process while reducing the time demands and the paperwork burden they place on school personnel.
(2) The state board shall report its study findings and recommendations, together with draft legislation to implement the recommendations, to the Legislative Oversight Commission on Education Accountability and the Joint Standing Committee on Education by November 1, 2010.
ARTICLE 5D. COMMITTEE REORGANIZATION AND COLLABORATIVE TEAM WAIVERS.
§18-5D-1. Purpose.
The purposes of this article are as follows:
(a) To facilitate and encourage teacher collaboration by empowering schools to create alternative decision-making processes that address school and classroom improvement. The intent is to authorize reorganization or consolidation of certain school committees and teams required by state board rules, including the Strategic Planning Committee, the Technology Team and the School Support Team; and
(b) To recognize that schools in this state differ greatly in enrollment, grade configuration, demographics and student needs and to provide teachers and principals with flexibility to determine the types of committees and teams that are needed to move the school forward.
§18-5D-2. Waiver application.
(a) Request for reorganization. -- A school may submit a waiver application to the state board to create collaborative teams that may replace the Strategic Planning Committee, the Technology Team and the School Support Team required by state board rules. Reorganization under this article may not replace the Student Assistance Team. The waiver application shall include at least the following information:
(1) A description of the collaborative teams including documentation showing how the collaborative teams address each of the following issues:
(A) Emphasizing teacher collaboration and leadership;

(B) Enhancing school and classroom effectiveness;

(C) Creating and maintaining involvement and support of stakeholders; and

(D) Developing and implementing a coherent learner-focused improvement plan;

(2) An explanation of how the existing membership of any committees or teams replaced by restructured collaborative teams are provided adequate representation in the reorganization and how the roles, responsibilities and tasks of those replaced committees are included in the reorganization;
(3) Evidence that the employees and stakeholders who are involved in restructured collaborative teams have entered, or will enter, into a process of professional learning to develop the necessary knowledge and skills to enhance learner-focused collaboration; and
(4) Evidence that employees and stakeholders have researched viable improvement structures and processes and that their proposed alternative to the current committee structure is more effective and better addresses the particular needs of the school, its students and employees.
(b) Approval. -- Before submitting the waiver application to the state board, a school shall take the following steps:
(1) Present to the faculty senate a detailed explanation of the proposed structure, roles and responsibilities addressed by the reorganization plan;
(2) Provide for the chair of the faculty senate to conduct a vote by secret ballot on the issues addressed in the reorganization plan;
(3) Obtain a favorable vote for the reorganization plan from eighty percent of the faculty senate members present and voting after a quorum is established.
(4) Present to the local school improvement council a detailed explanation of the proposed structure, roles and responsibilities addressed by the reorganization plan;
(5) If the faculty senate vote is favorable and if it meets the percentage threshold established in subdivision (3) of this subsection, within one week of the vote taken by the faculty senate, provide for the chair of the council to conduct a vote on the issues addressed in the reorganization.
(6) Obtain a favorable vote for the reorganization plan from eighty percent of the local school improvement council members present and voting after a quorum is established; and
(7) Obtain approval for the reorganization plan from the county superintendent and the county board.
(c) When a school has met the requirements of subsection (b) of this section, it shall submit its waiver application to the state board. After review of the waiver application, the state board may approve the waiver of rules requiring the Strategic Planning Committee, the Technology Team or the School Support Team. After the state board has reviewed and approved a school's reorganization plan, the school may institute the plan as presented in its application.
§18-5D-3. Rulemaking.
By October 1, 2010, the state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 109), as just amended, 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, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 109) passed.
On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
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 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.
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, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--2.
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 H. B. No. 109) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reach, the Senate returned to the consideration of
Eng. Rev. Com. Sub. for Senate Bill No. 1001, Relating to school committees.
On third reading, coming up in deferred order, was again reported by the Clerk.
On motion of Senator Plymale, the bill was recommitted to the Committee on Education.
At the request of Senator Chafin, unanimous consent being granted, Senator Chafin addressed the Senate regarding the Public Service Commission's June public hearing for American Electric Power's rate increase request.
At the request of Senator Oliverio, and by unanimous consent, Senator Oliverio addressed the Senate regarding the United States Environmental Protection Agency's public hearing on the permit issued by the United States Army Corps of Engineers to the Spruce Mine in Logan County.
Thereafter, at the request of Senator Edgell, and by unanimous consent, the remarks by Senators Chafin and Oliverio were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate recessed for five minutes.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, 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. 1007, Creating Charter Innovation Zone 2.0 Schools.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1007 (originating in the Committee on Education)--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, §18-5C-17 and §18-5C- 18, all relating to the creation of charter schools; defining terms; establishing legislative findings and purpose; providing that Charter Innovation 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; 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; authorizing rules and emergency rules; authorizing virtual Charter Innovation Schools; permitting students to participate in extracurricular activities; and providing for charter transition schools.
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 Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 1007) 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, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: Deem--1.
Absent: Bowman, K. Facemyer and Minard--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 1007 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Browning, Edgell, D. Facemire, Foster, Guills, Hall, Helmick, Jenkins, Kessler, McCabe, Oliverio, Palumbo, Plymale, Snyder, Stollings, Unger, Wells, Yost and Tomblin (Mr. President)--21.
The nays were: Chafin, Deem, Fanning, Green, Laird, Prezioso, Sypolt, White and Williams--9.
Absent: Bowman, K. Facemyer and Minard--3.
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. 1007) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, McCabe, Oliverio, Palumbo, Plymale, Snyder, Stollings, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--25.
The nays were: Deem, Laird, Prezioso, Sypolt and White--5.
Absent: Bowman, K. Facemyer and Minard--3.
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. 1007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 1008, Relating to compulsory comprehensive health screenings for students.
Now on second reading, having been read a first time and referred to the Committee on Finance on May 17, 2010;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 1008) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, 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: Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--28.
The nays were: Barnes and Boley--2.
Absent: Bowman, K. Facemyer and Minard--3.
Engrossed Committee Substitute for Senate Bill No. 1008 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 1008 pass?"
On the passage of the bill, the yeas were: Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--26.
The nays were: Barnes, Boley, Hall and Sypolt--4.
Absent: Bowman, K. Facemyer and Minard--3.
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. 1008) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Without objection, the Senate returned 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. 1010, Creating Behavioral Mental Health Services Fund.
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. 1014, Making supplementary appropriation of federal funds to Office of Economic Opportunity Community Services and Workforce WV.
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. 1015, Making supplementary appropriation from General Revenue to various accounts.
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. 1016, Making supplementary appropriation of unappropriated moneys to Board of Examiners for Registered Professional Nurses.
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. 1017, Supplementing, amending and increasing items from State Road Fund to Division of Highways.
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. 1018, Making supplementary appropriation from State Excess Lottery Revenue Fund to various accounts.
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. 1019, Making supplementary appropriation from unappropriated moneys to various accounts.
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. 1020, Making supplementary appropriation of federal funds to Workforce WV.
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. 1021, Making supplementary appropriation of federal funds to various accounts.
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. 1022, Making supplementary appropriation of unappropriated moneys to various accounts.
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. 1023, Supplementing and amending items from State Road Fund to Office of Administrative Hearings.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 1024, Making supplementary appropriation from State Fund, General Revenue, to various accounts.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting clause and inserting the provisions of Engrossed Committee Substitute for House Bill No. 124.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 1024, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bowman, K. Facemyer and Minard--3.
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 with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bowman, K. Facemyer and Minard--3.
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.
The Senate proceeded to the sixth order of business.
Petitions

Senator Stollings presented a petition from Shane Wallace and twenty-five West Virginia school employees, requesting the Legislature reform the Public Employees Insurance Agency.
Referred to the Committee on Finance.
On motion of Senator Chafin, the Senate recessed for fifteen minutes.
Upon expiration of the recess, the Senate reconvened.
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, May 19, 2010, at 11 a.m.
____________

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