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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2010

FOURTH DAY

____________

Charleston, W. Va., Sunday, July 18, 2010

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

     Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
     Pending the reading of the Journal of Saturday, July 17, 2010,
     On motion of Senator Stollings, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
     Eng. Com. Sub. for House Bill No. 201, United States Senatorial succession.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Miley, Longstreth and Lane.
     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. 2004, Relating to compulsory comprehensive health screens for students.
     Senate Bill No. 2009, Relating to pilot programs to increase academic achievement.
     And,
     Senate Bill No. 2010, Relating to pilot programs for alternative schools in elementary and middle schools.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references 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 references of the bills contained in the foregoing report from the Committee on Education.
     At the request of Senator Plymale, unanimous consent being granted, Senate Bill No. 2004 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Shott, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Deem, Guills, Kessler, Palumbo and Unger--5.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 2004 was then read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Senate Bill No. 2004 pass?"
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--26.
     The nays were: Barnes, Hall, Shott and Sypolt--4.
     Absent: Deem, Guills, 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. 2004) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Laird, McCabe, Minard, Oliverio, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--26.
     The nays were: Barnes, Hall, Shott and Sypolt--4.
     Absent: Deem, Guills, 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. 2004) 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. 2009 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, 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, Guills, Kessler and Palumbo--4.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 2009 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, 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, Guills, 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. 2009) 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, 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, Guills, 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. 2009) 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. 2010 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, 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, Guills, Kessler and Palumbo--4.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 2010 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, 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, Guills, 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. 2010) 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, 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, Guills, 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. 2010) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Bill No. 2006, Relating to school committees and school teams.
     And has amended same.
     And,
     Senate Bill No. 2008, Relating to annual professional personnel evaluations in public schools.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     At the request of Senator Plymale, unanimous consent being granted, Senate Bill No. 2006 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, 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, Guills, Kessler and Palumbo--4.
     The bill (S. B. No. 2006) was then read a second time.
     The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
     On page five, section two, line four, by striking out the word "two-a" and inserting in lieu thereof the word "five-a".
     The bill, as amended, was ordered to engrossment and third reading.
     Engrossed Senate Bill No. 2006 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, 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, Guills, 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. 2006) passed with its title.
     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. 2008 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, 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, Guills, Kessler and Palumbo--4.
     The bill (S. B. No. 2008) was then read a second time.
     The following amendments to the bill, from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:
     On page four, section twelve, lines ten and eleven, by striking out the words "be evaluated one time" and inserting in lieu thereof the words "have one evaluation";
     And,
     On page four, section twelve, line twelve, after the word "duration" by inserting the word "each".
     The bill, as amended, was ordered to engrossment and third reading.
     Engrossed Senate Bill No. 2008 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, 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, Guills, 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. 2008) 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, 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, Guills, 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. 2008) 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 adjourned until tomorrow, Monday, July 19, 2010, at 1 p.m.
____________

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