sdj-06th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2010
SIXTH DAY
____________
Charleston, W. Va., Tuesday, May 18, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
Pending the reading of the Journal of Monday, May 17, 2010,
On motion of Senator Bowman, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 1012, Relating to additional compensation for
certain professional school personnel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 1012 (originating in the
Committee on Education)--A Bill to amend and reenact §18-7A-3 of the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto three new sections, designated §18A-4-2c, §18A-4-3a
and §18A-4-3b; and to amend and reenact §18A-4-5a of said code, all
relating to additional compensation for professional school
personnel; establishing findings; requiring a salary supplement for
teachers, principals and assistant principals employed in a school
with a student population that is high poverty or high minority;
requiring a salary supplement for classroom teachers who teach in
a documented area of shortage in the areas of math and science and
meet other requirements; defining terms; requiring a monetary
incentive for meeting goals for student growth during the previous
school year; requiring uniformity; authorizing additional monetary
payments paid from local funds; excluding certain monetary
compensation created by this legislation from inclusion for
purposes of calculating retirement benefits; and requiring
legislative rules.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 1012) contained in the preceding report from the Committee on Education was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 1013, Relating to hiring professional school
personnel.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Education on May 13, 2010;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 1013) contained in the preceding
report from the Committee on Education was taken up for immediate
consideration and read a second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
On page twelve, section seven-a, lines twelve through fourteen, by striking out the words "who may interview job
candidates independently. The county superintendent shall make the
final hiring recommendation to the county board" and inserting in
lieu thereof the words "who shall communicate the recommendation to
the county board".
The bill (S. B. No. 1013), as amended, was ordered to
engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--2.
Engrossed Senate Bill No. 1013 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1013) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. Senate Bill No. 1013--A Bill to amend and reenact §18-5A-
5 of the Code of West Virginia, 1931, as amended; to amend and
reenact §18A-2-1 of said code; and to amend and reenact §18A-4-7a
of said code, all relating to hiring professional school personnel;
revising criteria when hiring a professional personnel; requiring
the consideration of criteria according to equal weighting in
certain circumstances; providing for hiring committees to interview
certain candidates and make a hiring recommendation to the county
superintendent; requiring the county superintendent to communicate
the recommendation to the county board; and providing for hiring
committee membership.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1013) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Rev. Com. Sub. for Senate Bill No. 1001, Relating to
school committees.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Plymale, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for House Bill No. 109, Providing for teacher
empowerment teams.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Plymale, the Senate reconsidered the vote
by which on yesterday, Monday, May 17, 2010, it adopted Senator Plymale's amendment to the bill (
shown in the Senate Journal of
that day, pages 9 and 10).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Plymale's
amendment to the bill.
At the request of Senator Plymale, and by unanimous consent,
Senator Plymale's amendment to the bill was withdrawn.
On motion of Senator Plymale, the following amendment to the
bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a section, designated §18-2-38; and that said
code be amended by adding thereto a new article, designated §18-5D-
1, §18-5D-2 and §18-5D-3, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-38. School committees and school teams; legislative
findings; state board study.
(a)
Legislative findings.
(1) The Legislature finds that the ultimate purpose of public
education is to create the best possible environment to foster the
teaching and learning process and that this purpose is best
accomplished when professional educators are involved in direct
interaction with students.
(2) The Legislature finds further that a number of school
committees and school teams have been created over the years, both
by state board policy and by state statute, designed to meet the
needs of a specific time or place and that these committees and
teams sometimes linger long after the specific purpose or need that
created them has passed. The time and paperwork required to keep
these committees and teams functioning may create a burden for
school personnel in certain circumstances.
(3) The Legislature finds further that a thorough study is
needed to determine the feasibility, effectiveness and necessity of
each of these committees and teams in relation to one other and to
the needs of the students and schools they are intended to serve.
(b)
State board study.
(1) Therefore, in view of the findings in subsection (a) of
this section, it is the intent of the Legislature that the state
board undertake a study of each school committee or school team
created by statute or by state board policy and determine its
organizational goals, effectiveness in meeting those goals, and
viability in relation to the demands of time and paperwork it
places on principals, teachers and other school personnel. The
study further shall consider alternative ways that the goals of
these teams and committees may be met to involve stakeholders in
the education process while reducing the time demands and the
paperwork burden they place on school personnel.
(2) The state board shall report its study findings and
recommendations, together with draft legislation to implement the
recommendations, to the Legislative Oversight Commission on
Education Accountability and the Joint Standing Committee on
Education by November 1, 2010.
ARTICLE 5D. COMMITTEE REORGANIZATION AND COLLABORATIVE TEAM
WAIVERS.
§18-5D-1. Purpose.
The purposes of this article are as follows:
(a) To facilitate and encourage teacher collaboration by
empowering schools to create alternative decision-making processes
that address school and classroom improvement. The intent is to
authorize reorganization or consolidation of certain school
committees and teams required by state board rules, including the
Strategic Planning Committee, the Technology Team and the School
Support Team; and
(b) To recognize that schools in this state differ greatly in
enrollment, grade configuration, demographics and student needs and
to provide teachers and principals with flexibility to determine
the types of committees and teams that are needed to move the
school forward.
§18-5D-2. Waiver application.
(a)
Request for reorganization. -- A school may submit a
waiver application to the state board to create collaborative teams that may replace the Strategic Planning Committee, the Technology
Team and the School Support Team required by state board rules.
Reorganization under this article may not replace the Student
Assistance Team. The waiver application shall include at least the
following information:
(1) A description of the collaborative teams including
documentation showing how the collaborative teams address each of
the following issues:
(A) Emphasizing teacher collaboration and leadership;
(B) Enhancing school and classroom effectiveness;
(C) Creating and maintaining involvement and support of
stakeholders; and
(D) Developing and implementing a coherent learner-focused
improvement plan;
(2) An explanation of how the existing membership of any
committees or teams replaced by restructured collaborative teams
are provided adequate representation in the reorganization and how
the roles, responsibilities and tasks of those replaced committees
are included in the reorganization;
(3) Evidence that the employees and stakeholders who are
involved in restructured collaborative teams have entered, or will
enter, into a process of professional learning to develop the
necessary knowledge and skills to enhance learner-focused
collaboration; and
(4) Evidence that employees and stakeholders have researched
viable improvement structures and processes and that their proposed
alternative to the current committee structure is more effective
and better addresses the particular needs of the school, its
students and employees.
(b)
Approval. -- Before submitting the waiver application to
the state board, a school shall take the following steps:
(1) Present to the faculty senate a detailed explanation of
the proposed structure, roles and responsibilities addressed by the
reorganization plan;
(2) Provide for the chair of the faculty senate to conduct a
vote by secret ballot on the issues addressed in the reorganization
plan;
(3) Obtain a favorable vote for the reorganization plan from
eighty percent of the faculty senate members present and voting
after a quorum is established.
(4) Present to the local school improvement council a detailed
explanation of the proposed structure, roles and responsibilities
addressed by the reorganization plan;
(5) If the faculty senate vote is favorable and if it meets
the percentage threshold established in subdivision (3) of this
subsection, within one week of the vote taken by the faculty
senate, provide for the chair of the council to conduct a vote on
the issues addressed in the reorganization.
(6) Obtain a favorable vote for the reorganization plan from
eighty percent of the local school improvement council members
present and voting after a quorum is established; and
(7) Obtain approval for the reorganization plan from the
county superintendent and the county board.
(c) When a school has met the requirements of subsection (b)
of this section, it shall submit its waiver application to the
state board. After review of the waiver application, the state
board may approve the waiver of rules requiring the Strategic
Planning Committee, the Technology Team or the School Support Team.
After the state board has reviewed and approved a school's
reorganization plan, the school may institute the plan as presented
in its application.
§18-5D-3. Rulemaking.
By October 1, 2010, the state board shall promulgate a
legislative rule in accordance with article three-b, chapter
twenty-nine-a of this code to implement the provisions of this
article.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
109), as just amended, was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 109) passed.
On motion of Senator Plymale, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 109--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18-2-38; and to amend said code by adding
thereto a new article, designated §18-5D-1, §18-5D-2 and §18-5D-3,
all relating to school teams and school committees; making
legislative findings; requiring state board study; establishing
purposes; authorizing waiver of certain state board rules;
authorizing creation of collaborative teams in certain
circumstances; creating application and approval process for
certain waiver requests; providing for certain votes; and requiring
certain legislative rules.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: K. Facemyer and Minard--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 109) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reach,
the Senate returned to the consideration of
Eng. Rev. Com. Sub. for Senate Bill No. 1001, Relating to
school committees.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Plymale, the bill was recommitted to the
Committee on Education.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin addressed the Senate regarding the Public
Service Commission's June public hearing for American Electric
Power's rate increase request.
At the request of Senator Oliverio, and by unanimous consent,
Senator Oliverio addressed the Senate regarding the United States
Environmental Protection Agency's public hearing on the permit
issued by the United States Army Corps of Engineers to the Spruce
Mine in Logan County.
Thereafter, at the request of Senator Edgell, and by unanimous
consent, the remarks by Senators Chafin and Oliverio were ordered
printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.
Upon expiration of the recess, the Senate reconvened.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 1007, Creating Charter Innovation Zone 2.0 Schools.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 1007 (originating in the
Committee on Education)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§18-5C-1, §18-5C-2, §18-5C-3, §18-5C-4, §18-5C-5, §18-5C-6,
§18-5C-7, §18-5C-8, §18-5C-9, §18-5C-10, §18-5C-11, §18-5C-12,
§18-5C-13, §18-5C-14, §18-5C-15, §18-5C-16, §18-5C-17 and §18-5C-
18, all relating to the creation of charter schools; defining
terms; establishing legislative findings and purpose; providing
that Charter Innovation Schools are part of the public education
system; precluding the state board from capping the number of
schools; providing that provisions should be liberally construed;
establishing autonomy factors; providing application contents,
submission, review and approval process; authorizing memorandums of
agreement and charters; providing for the renewal, revocation and
termination of schools; establishing powers and duties; requiring
reports; establishing review factors; providing for site-based
governance councils and membership; requiring county board to serve
as fiscal agent for school; allowing site-based governance council
to establish staff selection committee in collaboration with county
board; providing for admissions and enrollment criteria for
schools; establishing lottery requirements for admission to school; providing for credit transfers; requiring school district to
provide information regarding school; requiring monitoring of
schools; establishing funding requirements; authorizing the receipt
of grants and other moneys; requiring the reporting of grants and
other moneys; requiring a study of funding of schools; establishing
transportation requirements; providing for facilities; requiring
notice to the county board upon move or termination of the school;
requiring a facilities plan; authorizing rules and emergency rules;
authorizing virtual Charter Innovation Schools; permitting students
to participate in extracurricular activities; and providing for
charter transition schools.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 1007) was taken up for
immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--29.
The nays were: Deem--1.
Absent: Bowman, K. Facemyer and Minard--3.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 1007 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Browning, Edgell, D. Facemire, Foster, Guills, Hall, Helmick,
Jenkins, Kessler, McCabe, Oliverio, Palumbo, Plymale, Snyder,
Stollings, Unger, Wells, Yost and Tomblin (Mr. President)--21.
The nays were: Chafin, Deem, Fanning, Green, Laird, Prezioso,
Sypolt, White and Williams--9.
Absent: Bowman, K. Facemyer and Minard--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 1007) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Browning,
Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, McCabe, Oliverio, Palumbo, Plymale,
Snyder, Stollings, Unger, Wells, Williams, Yost and Tomblin (Mr.
President)--25.
The nays were: Deem, Laird, Prezioso, Sypolt and White--5.
Absent: Bowman, K. Facemyer and Minard--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 1007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 1008, Relating to compulsory
comprehensive health screenings for students.
Now on second reading, having been read a first time and
referred to the Committee on Finance on May 17, 2010;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 1008) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a second time and ordered to
engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were:
Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--28.
The nays were: Barnes and Boley--2.
Absent: Bowman, K. Facemyer and Minard--3.
Engrossed Committee Substitute for Senate Bill No. 1008 was
then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 1008 pass?"
On the passage of the bill, the yeas were: Browning, Chafin,
Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick,
Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost
and Tomblin (Mr. President)--26.
The nays were: Barnes, Boley, Hall and Sypolt--4.
Absent: Bowman, K. Facemyer and Minard--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 1008) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1010, Creating Behavioral Mental Health
Services Fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1014, Making supplementary appropriation
of federal funds to Office of Economic Opportunity Community Services and Workforce WV.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1015, Making supplementary appropriation
from General Revenue to various accounts.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1016, Making supplementary appropriation
of unappropriated moneys to Board of Examiners for Registered
Professional Nurses.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1017, Supplementing, amending and
increasing items from State Road Fund to Division of Highways.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1018, Making supplementary appropriation
from State Excess Lottery Revenue Fund to various accounts.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 1019, Making supplementary appropriation
from unappropriated moneys to various accounts.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1020, Making supplementary appropriation
of federal funds to Workforce WV.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1021, Making supplementary appropriation
of federal funds to various accounts.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1022, Making supplementary appropriation
of unappropriated moneys to various accounts.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1023, Supplementing and amending items
from State Road Fund to Office of Administrative Hearings.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 1024, Making supplementary appropriation
from State Fund, General Revenue, to various accounts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting clause and
inserting the provisions of Engrossed Committee Substitute for
House Bill No. 124.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 1024, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--30.
The nays were: None.
Absent: Bowman, K. Facemyer and Minard--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1024) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Browning,
Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills,
Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Oliverio, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White,
Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bowman, K. Facemyer and Minard--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1024) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the sixth order of business.
Petitions
Senator Stollings presented a petition from Shane Wallace and
twenty-five West Virginia school employees, requesting the
Legislature reform the Public Employees Insurance Agency.
Referred to the Committee on Finance.
On motion of Senator Chafin, the Senate recessed for fifteen
minutes.
Upon expiration of the recess, the Senate reconvened.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, May 19, 2010, at 11 a.m.
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