hdj2010-05-17-05
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Monday, May 17, 2010
FIFTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 4:00 p.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Sunday, May 16, 2010, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 111, Providing for annual evaluations of professional personnel in the public schools,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 state board to propose revisions to professional personnel
evaluations; requiring state board establishment of task force; state board study of duties and
responsibilities of certain professional employees and time required; use and reporting of study; task
force reporting and recommendations; prohibited use of evaluations of certain personnel; state board
reporting to legislative oversight commission; and modifying related provisions to comport with
amended provisions,"
With the recommendation that the committee substitute do pass, and with the further
recommendation that reference of the bill to the Committee on Finance be dispensed with.
Delegate Boggs asked unanimous consent that reference of the bill (H. B. 111) to the
Committee on Finance be abrogated, which consent was not given, Delegate Andes objecting.
Delegate Boggs then so moved.
On this motion, Delegate Andes demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 459), and there were--yeas
73, nays 12, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Evans, Lane, McGeehan, J. Miller,
Rowan, Walters and Wells.
Absent And Not Voting: Argento, Azinger, Campbell, Cann, Caputo, Hartman, Hutchins,
Mahan, Perdue, Ross, Schadler, Schoen, Shook, Sobonya and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the motion
to abrogate committee reference prevailed.
The bill was then read a first time and ordered to second reading.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 1002 - "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 at least annual evaluations; and establishing effective dates."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill (S. B. 1002) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
House Calendar
Unfinished Business
H. C. R. 107, Providing for the issuance of not to exceed $45 million of refunding bonds
pursuant to the "Safe Roads Amendment of 1996";
coming up in regular order, as unfinished
business, was reported by the Clerk.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H.
C. R. 107) to a committee was dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
H. B. 114, Making a supplementary appropriation of federal funds to the Governor's Office
and to WorkForce West Virginia; on second reading, coming up in regular order, was read a second
time and ordered to engrossment and third reading.
H. B. 115, Making a supplementary appropriation to the West Virginia Conservation Agency,
the Department of Agriculture, the Department of Commerce, the Department of Education, and to
the Department of Military Affairs and Public Safety; on second reading, coming up in regular order,
was read a second time and ordered to engrossment and third reading.
H. B. 116, Making a supplementary appropriation to the WV Board of Examiners for
Registered Professional Nurses; on second reading, coming up in regular order, was read a second
time and ordered to engrossment and third reading.
H. B. 117, Supplementing, amending, and increasing items of the existing appropriations
from the State Road Fund to the Department of Transportation - Division of Highways; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
H. B. 118, Making a supplementary appropriation to the Lottery Commission, the Division
of Finance, Public Defender Services, and to the Division of Corrections; on second reading, coming
up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with an amendment pending, and the rule was suspended to permit the consideration of the
amendment on that reading.
H. B. 119, Making a supplementary appropriation to the Governor's Office -Broadband
Infrastructure Grant Fund, to the Department of Agriculture, to the Department of Education and the Arts, and to the Department of Health and Human Services; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
H. B. 120, Making a supplementary appropriation of federal funds to WorkForce West
Virginia; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
H. B. 121, Making a supplementary appropriation of federal funds to the Department of
Agriculture, the Department of Commerce, the Department of Education and the Arts, the
Department of Revenue, and to the State Rail Authority; on second reading, coming up in regular
order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with an amendment pending, and the rule was suspended to permit the consideration of the
amendment on that reading.
H. B. 122, Making a supplementary appropriation to the Higher Education Policy
Commission, the WV Board of Examiners for Registered Professional Nurses, and to the Board of
Medicine; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
H. B. 123, Decreasing an item of appropriation from the Division of Highways, and adding
a new item of appropriation to be designated as the Department of Transportation - Office of
Administrative Hearings; on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
Com. Sub. for H. B. 124, Making a supplementary appropriation to the Senate, to the House
of Delegates, to the Joint Expenses, to the Department of Administration, the Department of Commerce, and to various other state agencies; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
S. B. 1010, Creating Behavioral Mental Health Services Fund; on second reading, coming
up in regular order, was read a second time and ordered to third reading.
S. B. 1014, Making supplementary appropriation of federal funds to Office of Economic
Opportunity Community Services and Workforce WV; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
S. B. 1015, Making supplementary appropriation from General Revenue to various accounts;
on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 1016, Making supplementary appropriation of unappropriated moneys to Board of
Examiners for Registered Professional Nurses; on second reading, coming up in regular order, was
read a second time and ordered to third reading.
S. B. 1017, Supplementing, amending and increasing items from State Road Fund to Division
of Highways; on second reading, coming up in regular order, was read a second time and ordered
to third reading.
S. B. 1018, Making supplementary appropriation from State Excess Lottery Revenue Fund
to various accounts; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with an amendment pending, and the rule was suspended to permit the consideration of the
amendment on that reading.
S. B. 1019, Making supplementary appropriation from unappropriated moneys to various
accounts; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 1020, Making supplementary appropriation of federal funds to Workforce WV; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 1021, Making supplementary appropriation of federal funds to various accounts
; on
second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with an amendment pending, and the rule was suspended to permit the consideration of the
amendment on that reading.
S. B. 1022, Making supplementary appropriation of unappropriated moneys to various
accounts; on second reading, coming up in regular order, was read a second time and ordered to third
reading.
S. B. 1023, Supplementing and amending items from State Road Fund to Office of
Administrative Hearings; on second reading, coming up in regular order, was read a second time and
ordered to third reading.
S. B. 1024, Making supplementary appropriation from State Fund, General Revenue, to
various accounts
; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with restricted right to amend, and the rule was suspended to permit the consideration of an
amendment by Delegate White on that reading.
At 4:21 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:00 p.m.,
and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 107, Providing for the issuance of not to exceed $45 million of refunding bonds
pursuant to the "Safe Roads Amendment of 1996".
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 1006 - "
A Bill to amend and reenact §18A-3-1a of the Code of West
Virginia, 1931, as amended, relating to alternative principal and teacher certification; authorizing
alternative principal and teacher certification programs; defining certain terms; setting forth
procedures for approving alternative education programs by education providers; providing for
alternative instructional requirements; establishing eligibility standards; setting forth certain
requirements for training and induction; and requiring certain legislative rules."
At the respective request of Delegate Boggs, the bill (Com. Sub. for S. B. 1006) was taken
up for immediate consideration, read a first time and then referred to the Committee on Education
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 1009 - "A Bill to repeal §18-2E-5c of the Code of West Virginia, 1931,
as amended; to amend and reenact §18-1-4 of said code; and to amend and reenact §18-2E-5 of said
code, as contained in Chapter 58, Acts of the Legislature, Regular Session, 2010, 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 report on the level of performance as relates to certain
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; establishing the Education Opportunity Zone 180 program;
eliminating the Process for Improving Education Council; and clarifying requirement for legislative
rules."
At the respective request of Delegate Boggs, the bill (Com. Sub. for S. B. 1009) was taken
up for immediate consideration, read a first time and then referred to the Committee on Education
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento, Azinger, Campbell, Cann, Caputo, Hartman, Hutchins, Mahan,
Ross, Schadler, Schoen, Shook, Sobonya and Stephens.
At 6:04 p.m., the House of Delegates adjourned until 1:00 p.m., Tuesday, May 18, 2010.
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