sdj-03rd day
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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