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House Journal


Day 01 (05-13-2010)
Day 02 (05-14-2010)
Day 03 (05-15-2010)
Day 04 (05-16-2010)
Day 05 (05-17-2010)
Day 06 (05-18-2010)
hdj2010-05-13-01


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Thursday, May 13, 2010

FIRST DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



Pursuant to the Proclamation of His Excellency, the Governor, issued on the twelfth day of May, 2010, and hereinafter set forth, convening the Legislature in Extraordinary Session on the thirteenth day of May, 2010, the House of Delegates assembled in its Chamber in the Capitol Building in the City of Charleston, and at twelve o'clock 12:00 meridian, was called to order by the Speaker, the Honorable Richard Thompson.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll being called (Roll No. 449), and 96 members having answered to their names, the Speaker declared the presence of a quorum.
Messages from the Executive

The Speaker laid before House the Proclamation of His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk as follows:
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 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

On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation by which it had been called together.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Beach, Klempa and Anderson.
On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session and was ready to enter upon the business stated in the Proclamation.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Staggers, D. Walker and Evans.
Delegate Beach, from the Committee to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to proceed to the business of the session, announced that the committee had discharged its duty.
Delegate Staggers, from the Committee to inform His Excellency, the Governor, that the Legislature had assembled in extraordinary session, announced the performance of that duty.
Messages from the Senate

A message from the Senate, by
Senators Foster, Jenkins and Guills, announced that the Senate had convened in extraordinary session, pursuant to the Proclamation of the Governor, with a quorum present, and was ready to enter upon the business for which the Legislature had been called together.
Resolutions Introduced

Delegates Caputo, Longstreth and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 101 - "Requesting the Division of Highways to name bridge number 25-9-6.67, currently known as the 'Whetstone Bridge' on Whetstone Road near Mannington, Marion County, the 'Howard "Junkie" Masters Bridge'."
Whereas, Howard "Junkie" Masters was born on September 21, 1925, the son of Daniel and Elizabeth Masters; and
Whereas, Howard "Junkie" Masters was raised in Mannington, Marion County and joined the Navy on December 7, 1943; and
Whereas, Howard "Junkie" Masters served as a gunner on liberty, tanker and victory ships escorting merchant marine convoys across the Atlantic and Pacific Oceans during WWII; and
Whereas, Seaman 1st Class Howard "Junkie" Masters was honorably discharged from the Navy on March 16, 1946, having served his country with valor and distinction; and
Whereas, Howard "Junkie" Masters returned to the Mannington area after the war, where he and his beloved wife of 57 years, Eldora "Dora" Masters, raised two daughters, Linda and Darla, and two sons, Stanley and Harlan (deceased); and
Whereas, Howard "Junkie" Masters worked at the Mannington junk yard for twenty years cutting scrap metal with a torch, where he acquired his colorful nickname, "Junkie." He then worked as a welder for Pennzoil for twenty-seven years until his retirement; and
Whereas, It is only fitting and proper that we acknowledge Howard "Junkie" Masters for his devoted service to his country and for a long life well-lived. Howard came of age during the Great Depression, endured numerous hardships on behalf of his country in World War II, and then returned home to help build a modern post-war America - his life personifies the grit, determination and selfless contribution that led Tom Brokaw to name his generation "America's Greatest Generation"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 25-9- 6.67, currently known as the "Whetstone Bridge" on Whetstone Road near Mannington, Marion County, the "Howard 'Junkie' Masters Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed, signs identifying the bridge as the "Howard 'Junkie' Masters Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Howard "Junkie" Masters.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 101 - "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 respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (H. B. 101) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 102 - "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 'intellectually disabled'; 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 respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (H. B. 102) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 103 - "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 generally relating 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 resource police officers paid through the Public Employees Retirement System; and making technical amendments throughout."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (H. B. 103) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 104 - "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"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 105 - "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"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 106 - "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"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 107 - "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"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 108 - "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"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 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 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"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 110 - "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"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 111 - "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"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 112 - "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"; to the Committee on the Judiciary then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 113 - "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"; to the Committee on Finance.
At 12:17 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 112, Establishment of a temporary high risk insurance program for uninsured persons under the Federal Patient Protection and Affordable Care Act of 2010,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 112) to the Committee on Finance was abrogated.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill was taken up for immediate consideration, read a first time and ordered to second reading.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Azinger, Hutchins and Schadler.
At 4:05 p.m., the House of Delegates adjourned for twenty-three hours and fifty-five minutes.

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