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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2010

THIRD DAY

____________

Charleston, W. Va., Saturday, July 17, 2010

     The Senate met at 1 p.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 Friday, July 16, 2010,
     On motion of Senator Bowman, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following supplement to the proclamations dated July 15, 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 fifteenth day of July, two thousand ten, in its chambers in the State Capitol, City of Charleston, consider the following amendment to the first item of business stated in my first proclamation of the fifteenth day of July, two thousand ten:
     FIRST: Legislation relating to vacancies in the office of United States Senator; requiring the State to pay costs incurred in connection with a special election to fill the unexpired term of a United States Senator; authorizing the Governor to fill vacancies in the United States Senate by appointment; specifying when an election is required to fill the unexpired term of a United States Senator; setting forth procedures for the nomination of candidates for an election to fill the unexpired term of a United States Senator; specifying requirements for a proclamation of election to fill the unexpired term of a United States Senator; providing that the Secretary of State may modify dates, deadlines, or procedures where necessary to conduct an election to fill the unexpired term of a United States Senator; and providing an effective date for the legislation that includes at least any vacancy existing as of July 1, 2010.
     FURTHERMORE, 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 the Extraordinary Session commencing the fifteenth day of July, 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 two proclamations of the fifteenth day of July, two thousand ten, the following additional items of business:
     FOURTH: 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.
     FIFTH: Legislation relating 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 of Education 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 a pilot project authorizing additional compensation for certain professional personnel in the public schools; and authorizing a pilot project for a special community development school pilot program.
     TENTH: Legislation relating to establishing pilot projects for alternative schools or other placements at elementary school and middle school levels; and requiring uniform standards and definitions for disruptive behavior and alternative placement.
     ELEVENTH: Legislation relating to extending the application period for counties to apply for the pilot program for military and overseas voters for the 2010 general election.
     TWELFTH: Legislation relating to the sunset of provisions relating to family court appeals.
     THIRTEENTH: Legislation relating to the sunset of provisions authorizing Marshall University and West Virginia University to invest certain funds.
     FOURTEENTH: 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 seventeenth day of July, in the year of our Lord, Two Thousand Ten, and in the One Hundred Forty-Eighth 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.
  On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2003
--A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended, relating to investments by Marshall University and West Virginia University; and extending the sunset provision to allow the continued investment of funds in the nonprofit foundations of Marshall University and West Virginia University.
  Referred to the Committee on Education.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2004
--
A Bill to amend and reenact §18-5-17 of the Code of West Virginia, 1931, as amended, relating to replacing certain current screening requirements with compulsory comprehensive health screening for students entering public school for the first time in this state and students entering third grade, sixth grade and ninth grade; defining terms; setting forth certain requirements and prohibitions for county boards of education; prohibiting certain county board actions for failure to comply; requiring promulgation of legislative rules; requiring state board analysis of current infrastructure in place to implement requirements; requiring state board plan for implementing requirements; and requiring reports.
  Referred to the Committee on Education; and then to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2005
--A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9-3a of said code, 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 identify level of performance on certain high quality education standards; requiring state board adoption of rule on certain high quality education standards and including certain legally required elements; requiring certain reports on rule and submission on certain dates; requiring state board study consistent with rule of certain staffing issues and specifying submission; 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; revising school system approval criteria for schools given temporary and conditional status; authorizing the districtwide transfer of principals in school systems on nonapproved status in certain circumstances; requiring certain revision and state board approval of county strategic improvement plan of counties given temporary, conditional or nonapproval status; establishing the Education Opportunity Zone 180 program; requiring training for certain county board members and providing penalty for not attending; requiring training for superintendents and certain other personnel in certain circumstances; requiring counties given temporary, conditional or nonapproval status to examine various strategies collaboratively agreed upon to bring county to full approval; including accreditation status and county board member training information on published financial reports; making technical corrections; and removing obsolete provisions.
  Referred to the Committee on Education.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2006
--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 §18-5C-1, §18-5C-2 and §18-5C-3, all relating to school teams and school committees; making legislative findings; requiring state board study; establishing purposes; requiring school application to create or augment collaborative teams by replacing certain school committees; providing that certain committees may not be reorganized; establishing certain authority not superceded; establishing contents of application; establishing local level approval process; requiring state board approval; providing state board authority to waive certain state board rules; authorizing school to institute plan; and requiring state board legislative rules by certain date.
  Referred to the Committee on Education.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2007
--
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; providing criteria for recommendations and decisions affecting rehiring and hiring; and requiring certain legislative rules.
  Referred to the Committee on Education.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2008
--
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; specifying certain professional personnel who must be evaluated; requiring evaluations to be at least annual; providing certain processes for evaluations and applicable dates; requiring state board to revise professional personnel evaluations; requiring state board establishment of task force; requiring state board study of duties and responsibilities of certain professional employees and time required; requiring use and reporting of study; establishing task force reporting and recommendations; requiring state board report to Legislative Oversight Commission on Education Accountability; establishing dates certain for submission of proposed rule and adopted rule; establishing effective date of rule; and modifying related provisions to comport with amended provisions.
  Referred to the Committee on Education.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2009
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-3-12; and to amend said code by adding thereto a new section, designated §18A-4-2c, all relating to pilot programs to increase academic achievement; requiring the state superintendent to establish a special community development school pilot program for implementation in a public school with significant enrollments of disadvantaged, minority and underachieving students for the purpose of developing and implementing strategies that could be replicated; requiring the state board to promulgate a rule that establishes special two-year pilot programs for additional monetary payments for teachers, principals and assistant principals based on certain circumstances; setting forth minimum requirements for the rule; setting forth certain reporting requirements; defining terms; and establishing funding requirements.
  Referred to the Committee on Education; and then to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2010
--A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating to establishing pilot projects for alternative schools or other placements at elementary and middle school levels; requiring uniform definitions and standards for disruptive behavior and placement; and requiring reports.
  Referred to the Committee on Education; and then to the Committee on Finance.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2011
--A Bill to amend and reenact §3-3B-3 of the Code of West Virginia, 1931, as amended, relating to the pilot program for military and overseas voters for the primary and general elections to be held during the year 2010; and extending the application period for counties to apply with the Secretary of State's office to participate in the pilot program for the general election.
  Referred to the Committee on the Judiciary.
  By Senators Tomblin (Mr. President) and Hall (By Request of the Executive):
  Senate Bill No. 2012
--A Bill to amend and reenact §51-2A-16 of the Code of West Virginia, 1931, as amended, relating to family court appellate procedures; removing sunset provisions regarding appeal of family court decisions; and applying amendments to section retroactively.
  Referred to the Committee on the Judiciary.
  Pending announcement of a meeting of a standing committee of the Senate, including a minority party caucus,
  On motion of Senator Chafin, the Senate recessed until 3 p.m. today.
  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. 2003, Extending sunset provision relating to foundation investments by MU and WVU.
  Senate Bill No. 2005, Relating to improving performance of schools and school districts.
  And,
  Senate Bill No. 2007, Relating to alternative training and certification of principals and teachers.
 And reports the same back with the recommendation that they each do pass.
                         Respectfully submitted,
                          Robert H. Plymale,
                          Chair.
  At the request of Senator Plymale, unanimous consent being granted, Senate Bill No. 2003 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, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2003 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, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2003) 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, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  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. 2003) takes effect from passage.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Plymale, unanimous consent being granted, Senate Bill No. 2005 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, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2005 was then read a third time and put upon its passage.
  Pending extended discussion,
  The question being "Shall Engrossed Senate Bill No. 2005 pass?"
  On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2005) 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, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  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. 2005) 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 K. Facemyer, Hall and Plymale regarding the passage of Engrossed Senate Bill No. 2005 were ordered printed in the Appendix to the Journal.
  At the request of Senator Plymale, unanimous consent being granted, Senate Bill No. 2007 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, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  The bill was read a second time and ordered to engrossment and third reading.
  Engrossed Senate Bill No. 2007 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, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 2007) 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 passage by that body and requested the concurrence of the Senate in the passage of
  Eng. Com. Sub. for House Bill No. 201--
A Bill to amend and reenact §3-1-44 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section designated as §3-10-4a, all relating to vacancies in the office of United States Senator; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of United States Senator; providing for an election to fill the unexpired term; requiring the election to occur in conjunction with the 2010 general election; providing for a special primary election to nominate party candidates for the 2010 general election; authorizing the Governor to appoint a person to serve as United States Senator until a successor is elected and qualified; providing that the provisions of the law relating to elections shall apply to the special primary election unless inconsistent with section; modifying statutory time periods; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines necessary to assure for the orderly administration of the special primary election; and providing for the expiration of the section.
  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.
  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, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
  The nays were: None.
  Absent: Deem, Edgell, Kessler and Palumbo--4.
  The bill (Eng. Com. Sub. for H. B. No. 201) was then read a second time.
  On motion of Senator Oliverio, the following amendment to the bill was reported by the Clerk:
  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 new section designated as §3-10-4a, to read as follows:
ARTICLE 10. FILLING VACANCIES.
§3-10-4a. Special Senate vacancy election.
          (a) Notwithstanding the provisions of section three of this article establishing processes for the appointment and election to fill a vacancy in office of United States Senator, for purposes of filling the vacant seat in the office of United States Senator existing on July 1, 2010, a special election shall be held to fill the unexpired term in conjunction with the general election of November 2, 2010. A special primary election shall be held to nominate party candidates for the November election. In any other vacancy in office of United States Senator occurring during the period of time this section is effective pursuant to subsection (d) of this section, the Governor shall make an appointment who will serve until a successor is elected and qualified during the 2012 general election.
          (b) For the special primary
election required to be held prior to the November 2, 2010 election by operation of this section upon its enactment during the second extraordinary session of the Legislature, 2010, the Governor shall immediately issue a proclamation calling for a special primary election and general election. The special general election shall be held on November 2, 2010. The following provisions apply to these special elections:
          (1) The proclamation for the special election shall be published prior to the election as a Class II-0 legal advertisement in accordance with article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. The notice shall be filed with the Secretary of State who shall immediately transmit the document to the clerk of the county commission of each county. The clerk of the county commission of each county shall cause the document to be published within the county in accordance with this section.
          (2) The provisions of this chapter shall apply to this special primary election to the extent that those provisions are consistent with the provisions of this section. Statutory time deadlines relating to availability of absentee ballots, certification, canvassing and related election procedures that cannot be met in a timely fashion, for the purpose of this election, are modified as follows:
          (A) The special primary election is to be held August 28, 2010;
          (B) Absentee ballots, other than military and overseas ballots, shall be mailed no later than fifteen days prior to the special primary election and the general election; military and overseas ballots shall be mailed no later than thirty days prior to the special primary election and the general election;
          (C) A notarized declaration of candidacy and filing fee shall be filed and received in hand by the Secretary of State by 5:00 p.m. on the fourth business day following the proclamation of the special primary election. The declaration of candidacy may be filed in person, by United States mail, electronic means or any other means authorized by the Secretary of State;
          (D) The early voting period shall begin eight calender days prior to the special primary election;
          (E) The canvass shall be completed and the results declared no later than 4:00 p.m. of the third business day following the special primary election; and
          (F) The Secretary of State shall issue administrative orders and undertake other ministerial actions necessary to assure the preservation of voting rights of the citizens of this state, that all procedures are in place to avoid fraudulent voting and election activities and otherwise assure the orderly and efficient conduct of the election.
          (G) The compensation of election officers, cost of printing ballots and all other reasonable and necessary expenses in holding and making the return of the special election to fill a vacancy in the office of United States Senator are obligations of the state incurred by the ballot commissioners, clerks of the circuit courts, clerks of the county commissions and county commissions of the various counties as agents of the state. All expenses of the special election are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of these special elections to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the State Treasurer and shall mail the warrants directly to the vendors of the special election services, supplies and facilities.
          (c) The Secretary of State, shall by January 10, 2011, report to the Joint Committee of Government and Finance findings regarding of the operation of the special elections undertaken pursuant to subsection (b) of this section. This report shall provide analysis of: direct and indirect costs to the state associated with the conduct of the election; benefits and disadvantages of conducting an election on a Saturday; the impact of compressed time periods on efficient election administration; and whether this election process impacted early voting and participation by military and overseas voters.
          (d) The provisions of this section expire on July 1, 2011.
          On motion of Senator Hall, the following amendment to Senator Oliverio's amendment to the bill (Eng. Com. Sub. for H. B. No. 201) was reported by the Clerk and adopted:
          On page five, section four-a, after subsection (d), by adding a new subsection, designated subsection (e), to read as follows:
          (e) Any special election, which is held under the provisions of this section and occurs in conjunction with a general election, shall be a separate election from the general election.
          The question now being on the adoption of Senator Oliverio's amendment to the bill, as amended, the same was put and prevailed.
          The bill, as amended, was ordered to third reading.
          Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 201) was then read a third time and put upon its passage.
          On the passage of the bill, the yeas were: Barnes, Boley, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
          The nays were: Bowman--1.
          Absent: Deem, Edgell, Kessler and Palumbo--4.
          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. 201) passed.
          On motion of Senator Hall, the following amendment to the title of the bill was reported by the Clerk and adopted:
          Eng. Com. Sub. for House Bill No. 201--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §3-10-4a, relating to filling a vacancy in the office of United States Senator; providing for an election to fill the unexpired term; requiring the election to occur in conjunction with the 2010 general election; providing for a special primary election to nominate party candidates for the 2010 general election; authorizing the Governor to appoint a person to serve as United States Senator until a successor is elected and qualified; providing that the provisions of the law relating to elections shall apply to the special primary election unless inconsistent with section; modifying certain statutory time periods; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines necessary to preserve voting rights, avoid fraudulent voting and other election irregularities and assure orderly and efficient administration of the special primary election; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of United States Senator and providing for the expiration of the section; and clarifying that the special general election held on November 2, 2010, for the United States Senate vacancy is a separate election from the general election held on the same date.
          Senator Chafin moved that the bill take effect from passage.
          On this question, the yeas were: Barnes, Boley, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
          The nays were: Bowman--1.
          Absent: Deem, Edgell, Kessler and Palumbo--4.
          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. 201) takes effect from passage.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
          On motion of Senator Chafin, the Senate recessed until 6 p.m. today.
          Upon expiration of the recess, the Senate reconvened and resumed business under the third order.
          A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
          Eng. Com. Sub. for House Bill No. 201, United States Senatorial succession.
          On motion of Senator Helmick, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
          Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
          Senators Oliverio, Snyder and Barnes.
          Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
          The Senate proceeded to the thirteenth order of business.
          At the respective requests of Senators Minard and Fanning, unanimous consent being granted, it was ordered that the Journal show had Senators Minard and Fanning been present in the chamber on yesterday, Friday, July 16, 2010, they would have voted "yea" on the passage of Engrossed Senate Bill No. 2001 and "yea" on the adoption of the motion by Senator Stollings that the Senate advise and consent to all of the executive nominations referred to in the report from the Committee on Confirmations.
          On motion of Senator Helmick, the Senate adjourned until tomorrow, Sunday, July 18, 2010, at 6 p.m.
____________
SENATE CALENDAR


Sunday, July 18, 2010


6:00 P.M.

_______
HISTORY OF BILLS AND RESOLUTIONS

CONSIDERED BY SENATE

Includes actions as of July 17, 2010


(This symbol * indicates Committee Substitutes.)


ALL SENATE BILLS INTRODUCED


(This digest embraces the complete bill list submitted.

If passed, all effective ninety days from passage unless otherwise indicated.)



  *2001.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Filling of vacancies in office of U. S. Senator - Introduced 07/15/10 - To Judiciary - Com. sub. reported 07/16/10 - Constitutional rule suspended - Amended - Passed Senate 07/16/10 - Effective from passage - To House 07/16/10 - Reference dispensed - Amendments pending - On 3rd reading with right to amend, House Calendar 07/18/10

   2002.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Creating new item of appropriation to Secretary of State for special election - Introduced 07/15/10 - To Finance - To Finance 07/15/10

   2003.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Extending sunset provision relating to foundation investments by MU and WVU - Introduced 07/17/10 - To Education - Constitutional rule suspended - Passed Senate 07/17/10 - Effective from passage

   2004.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to compulsory comprehensive health screens for students - Introduced 07/17/10 - To Education 07/17/10

   2005.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to improving performance of schools and school districts - Introduced 07/17/10 - To Education - Constitutional rule suspended - Passed Senate 07/17/10 - Effective from passage

   2006.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to school committees and school teams - Introduced 07/17/10 - To Education 07/17/10

   2007.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to alternative training and certification of principals and teachers - Introduced 07/17/10 - To Education - Constitutional rule suspended - Passed Senate 07/17/10

   2008.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to annual professional personnel evaluations in public schools - Introduced 07/17/10 - To Education 07/17/10

   2009.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to pilot programs to increase academic achievement - Introduced 07/17/10 - To Education 07/17/10

   2010.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to pilot programs for alternative schools in elementary and middle schools - Introduced 07/17/10 - To Education 07/17/10

   2011.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Amending deadlines relating to participation in Uniformed Services and Overseas Voter Pilot Program - Introduced 07/17/10 - To Judiciary 07/17/10

   2012.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Removing sunset provisions regarding family court appeals - Introduced 07/17/10 - To Judiciary 07/17/10

ALL SENATE RESOLUTIONS OFFERED


   201.   By Sen. Chafin - Raising committee to notify House of Delegates Senate has assembled - Introduced 07/15/10 - Adopted 07/15/10

   202.   By Sen. Chafin - Raising committee to notify Governor Legislature has assembled - Introduced 07/15/10 - Adopted 07/15/10

SENATE BILLS PASSED SENATE

AND COMMUNICATED TO HOUSE


  *2001.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Filling of vacancies in office of U. S. Senator - Introduced 07/15/10 - To Judiciary - Com. sub. reported 07/16/10 - Constitutional rule suspended - Amended - Passed Senate 07/16/10 - Effective from passage - To House 07/16/10 - Reference dispensed - Amendments pending - On 3rd reading with right to amend, House Calendar 07/18/10

   2003.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Extending sunset provision relating to foundation investments by MU and WVU - Introduced 07/17/10 - To Education - Constitutional rule suspended - Passed Senate 07/17/10 - Effective from passage

   2005.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to improving performance of schools and school districts - Introduced 07/17/10 - To Education - Constitutional rule suspended - Passed Senate 07/17/10 - Effective from passage

   2007.   By Sen. Tomblin (Mr. President) and Hall [By Request of the Executive] - Relating to alternative training and certification of principals and teachers - Introduced 07/17/10 - To Education - Constitutional rule suspended - Passed Senate 07/17/10

ALL HOUSE BILLS PASSED BY HOUSE

AND COMMUNICATED TO SENATE


  *201.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - United States Senatorial succession - Introduced 07/15/10 - To Judiciary - Amended - House rejected 07/17/10 - Passed House 07/17/10 - To Senate 07/17/10 - Committee reference dispensed - Constitutional rule suspended - Amended - Passed Senate 07/17/10 - Title amended - Effective from passage - House refused to concur and requested Senate to recede 07/17/10 - To conference 07/17/10

HOUSE BILLS IN CONFERENCE


  *201.   By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - United States Senatorial succession - To conference 07/17/10. House conferees: Miley, Longstreth, Lane; Senate conferees: Oliverio, Snyder, Barnes



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