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House Journal


Day 60 (03-12-2016) - [PDF]
Day 58 (03-10-2016) - [PDF]
Day 57 (03-09-2016) - [PDF]
Day 56 (03-08-2016) - [PDF]
Day 37 (02-18-2016) - [PDF]
Day 63 (03-15-2016) - [PDF]
Day 62 (03-14-2016) - [PDF]
Day 61 (03-13-2016) - [PDF]
Day 59 (03-11-2016) - [PDF]
Day 55 (03-07-2016) - [PDF]
Day 53 (03-05-2016) - [PDF]
Day 52 (03-04-2016) - [PDF]
Day 51 (03-03-2016) - [PDF]
Day 50 (03-02-2016) - [PDF]
Day 49 (03-01-2016) - [PDF]
Day 48 (02-29-2016) - [PDF]
Day 46 (02-27-2016) - [PDF]
Day 45 (02-26-2016) - [PDF]
Day 44 (02-25-2016) - [PDF]
Day 43 (02-24-2016) - [PDF]
Day 42 (02-23-2016) - [PDF]
Day 41 (02-22-2016) - [PDF]
Day 39 (02-20-2016) - [PDF]
Day 38 (02-19-2016) - [PDF]
Day 36 (02-17-2016) - [PDF]
Day 35 (02-16-2016) - [PDF]
Day 34 (02-15-2016) - [PDF]
Day 31 (02-12-2016) - [PDF]
Day 30 (02-11-2016) - [PDF]
Day 29 (02-10-2016) - [PDF]
Day 28 (02-09-2016) - [PDF]
Day 27 (02-08-2016) - [PDF]
Day 24 (02-05-2016) - [PDF]
Day 23 (02-04-2016) - [PDF]
Day 22 (02-03-2016) - [PDF]
Day 21 (02-02-2016) - [PDF]
Day 20 (02-01-2016) - [PDF]
Day 17 (01-29-2016) - [PDF]
Day 16 (01-28-2016) - [PDF]
Day 15 (01-27-2016) - [PDF]
Day 14 (01-26-2016) - [PDF]
Day 13 (01-25-2016) - [PDF]
Day 10 (01-22-2016) - [PDF]
Day 09 (01-21-2016) - [PDF]
Day 08 (01-20-2016) - [PDF]
Day 07 (01-19-2016) - [PDF]
Day 06 (01-18-2016) - [PDF]
Day 03 (01-15-2016) - [PDF]
Day 02 (01-14-2016) - [PDF]
Day 01 (01-13-2016) - [PDF]

 

__________*__________

 

 

 

Tuesday, March 15, 2016

SIXTY-THIRD DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

 

 

            The House of Delegates met at 5:00 p.m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Monday, March 14, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Messages from the Senate

            A message from the Senate, by

Senators Walters, Blair and Laird, announced that the Senate had completed the business of this Second Regular Session and was ready to adjourn sine die.

Committee Reports

Delegate McCuskey, Chair of  the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 11th  day of March, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for S. B. 68), Disallowing Health Care Authority to conduct rate review and set rates for hospitals,

            And,

(S. B. 658), Allowing licensed professionals donate time to care of indigent and needy in clinical setting.

Delegate McCuskey, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 14th  day of March, 2016, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for S. B. 601), Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities.

            Delegate McCuskey, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 15th  day of March, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 334), Identifying coyote as fur-bearing animal and woodchuck as game animal,

            (S. B. 415), Lengthening maximum term of negotiable certificates of deposit municipal funds can hold,

            (S. B. 426), Continuing Office of Coalfield Community Development,

            (S. B. 439), Eliminating requirement that budget director approve requisitions for personal services payment under certain circumstances,

            (Com. Sub. for S. B. 474), Eliminating requirement that budget director approve requisitions for personal services payment under certain circumstances,

            (S. B. 648), Allowing local authorities permit flashing traffic signals during low traffic times,

            (S. B. 656), Creating Upper Kanawha Valley Resiliency and Revitalization Program,

            (S. B. 678), Relating to ownership and use of conduit providing telephone service,

(Com. Sub. for H. B. 2588), Relating to the filing of financial statements with the Secretary of State,

            (H. B. 4346), Relating to bear hunting and offenses and penalties,

            And,

            (Com. Sub. for H. B. 4587), Relating to violations associated with absent voters’ ballots.

Messages from the Executive

Communications were received from His Excellency, the Governor, advising that on March 9, 2016, he approved  Com. Sub. for H. B. 4007, H. B. 4235 and Com. Sub. for S. B. 27;  on March 10 he approved H. B. 4362;  and on March 15 he approved Com. Sub. for H. B. 2800.

The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, as follows:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 15, 2016

HOUSE EXECUTIVE MESSAGE NO. 4

2016 REGULAR SESSION

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Building 1, Room M-228

1900 Kanawha Boulevard, East

Charleston, West Virginia 25305

Dear Speaker Armstead:

            The following amends and replaces the “FY 2017 Official Estimate General Revenue – Statement of Revenues by Source” which I submitted to you on January 13, 2016 as part of my Budget Document for the fiscal year ending June 30, 2017:

 

General Revenue Fund

Statement of Revenues by Source

(Expressed in Thousands)

 

                                                                                                                                    FY 2017

                                                                                                                                     Official

            Source of Revenue                                                                                Estimate Revised

 

            Business and Occupation Tax                                                                $           115,500

            Consumers Sales and Use Tax                                                                        1,285,000      1

            Personal Income Tax                                                                                       1,914,225

            Liquor Profit Transfers                                                                                         18,000

            Beer Tax and Licenses                                                                                           8,300

            Tobacco Products Tax (Cigarette & Other)                                                            97,800   2

            Business Franchise Fees                                                                                          650

            Charter Tax                                                                                                                  0

            Property Transfer Tax                                                                                          10,500

            Property Tax                                                                                                         7,200

            Insurance Tax                                                                                                    119,000

            Departmental Collections                                                                                     19,100

            Corporate Income/Business Franchise Tax                                                          137,400     

            Miscellaneous Transfers                                                                                        1,000

            Interest Income                                                                                                      8,000

            Severance Tax                                                                                                   262,544

            Miscellaneous Receipts                                                                                         9,700

            HB102 - Lottery Transfers                                                                                     65,000

            Video Lottery Transfers                                                                                                0

            Liquor License Renewal                                                                                                0

            Senior Citizen Tax Credit Reimbursement                                                              10,000

                        Total                                                                                         $        4,088,919      3

 

            1    Revised from $1,378,800 to $1,285,000 – decrease of $60,000 due to failure of SB355/HB4220 and decrease of $9,000 due to the failure of SB354/HB4294 during the 2016 Regular Legislative Session.

 

            2    Revised from $175,800 to $97,800 – decrease of $78,000 due to failure of SB420/HB4494 during the 2016 Regular Legislative Session.

 

            3    Revised from $4,327,794 to $4,088,919 – decrease of $238,875, $92,400 of which is due to downward trends in Personal Income Tax and Consumer Sales Tax collections, downward pressure on energy prices, and less economic growth than originally forecast for both the national and State economy. We will continue to monitor and evaluate this adjustment as additional data becomes available.

 

            Thank you for your cooperation in this matter.

 

                                                                        Sincerely,

                                                                        Earl Ray Tomblin,

                                                                        Governor.

Messages from the Executive

            The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 14, 2016

Veto Message

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 228M, Building 1

State Capitol

Charleston, West Virginia  25305

            Re:  Enrolled Committee Substitute for Senate Bill 601

Dear Speaker Armstead:

            Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for Senate Bill 601, for technical reasons.

            The bill’s title is deficient.  The title states that the bill is amending and reenactiong W. Va. Code § 22-15-10 and adding a new section, designated §  24-2-1L, but does not provide that it is also amending and reenacting § 22-15-2.  For this reason, I disapprove and return the bill.  I urge the Legislature to correct this technical issue, and to return the bill to my desk for signature.

Sincerely,

Earl Ray Tomblin,

   Governor.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that, upon reconsideration the Senate had amended and again passed, in an effort to meet the objections of the Governor, and requested the concurrence of the House of Delegates in the same, as to

Com. Sub. for S. B. 601, Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill and concurred in the following Senate amendments, in an effort to meet the objections of the Governor.

On pages one through seven, section two, lines one through one hundred-forty-seven, by striking out all of section two.

On page ten, section one-l, line seven, by striking out the word “chapter” and inserting in lieu thereof the word “section”.

And,

By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

“That §22-15-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend said code by adding thereto a new section, designated §24-2-1l, to read as follows” and a semicolon.

And,

By amending the title of the bill to read as follows:

Com. Sub. for S. B. 601 - “An Act to amend and reenact §22-15-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24-2-1l, all relating to exemption from the jurisdiction of the Public Service Commission for materials recovery facilities or mixed waste processing facilities; and providing an exception to allow the Public Service Commission to retain limited jurisdiction over facilities meeting certain requirements which received a certificate of need prior to July 1, 2016.”

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendments, in an effort to meet the objections of the Governor.

The Speaker propounded, “Shall the bill pass, in an effort to meet the objections of the Governor?”

On this question, the yeas and nays were taken (Roll No. 664), and there were--yeas 77, nays 7, absent and not voting 16, with the nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Atkinson, Azinger, Bates, Blair, Boggs, Butler, Byrd, Cadle, Canterbury, Caputo, Cooper, Coles, Duke, Eldridge, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Flanigan, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hornbuckle, Householder, Howell, Ihle, Kelly, Kessinger, Kurcaba, Longstreth, Lynch,  McCuskey, McGeehan, Miley, Miller, Moffatt, Moore, Morgan, E. Nelson, J. Nelson, O’Neal, Overington, Perry, Pethtel, Phillips, Pushkin, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott,  R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, P. White, Zatezalo and Mr. Speaker, Mr. Armstead.

Nays: Fleischauer, Fluharty, Moye, Perdue, Shaffer, P. Smith and Storch.

Absent and Not Voting: Blackwell, Border, Campbell, Deem, Ellington, Folk, Hartman, Hicks, Ireland, Lane, Manchin, Marcum, Phillips, Reynolds, Skinner and B. White.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 601) passed, as a result of the objections of the Governor.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 665), and there were--yeas 77, nays 7, absent and not voting 16, with the nays and absent and not voting being as follows:

Nays: Fleischauer, Fluharty, Moye, Perdue, Shaffer, P. Smith and Storch.

Absent and Not Voting: Blackwell, Border, Campbell, Deem, Ellington, Folk, Hartman, Hicks, Ireland, Lane, Manchin, Marcum, Phillips, Reynolds, Skinner and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 601) effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Leaves of Absence

At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Blackwell, Border, Campbell, Deem, Ellington, Folk, Hartman, Hicks, Ireland, Lane, Manchin, Marcum, Phillips, Reynolds, Skinner and B. White.

Miscellaneous Business

On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had completed the business of this Second Regular Session of the 82nd Legislature and was ready to adjourn sine die.

            Whereupon,

            The Speaker appointed as members of said committee the following:

            Delegates Stansbury, R. Smith and Boggs.

            On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the Legislature was ready to adjourn sine die.

            The Speaker appointed as members of such committee the following:

            Delegates Summers, Gearheart and P. White.

Committee Reports

            Delegate McCuskey, Chair of the Joint Committee on Enrolled Bills, filed the following reports with the Clerk after it had examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this session of the Legislature:

March 16, 2016

(Com. Sub. for H. B. 4080), Department of Veterans’ Assistance, rule relating to VA headstones or markers,

 (H. B. 4351), Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture,

(Com. Sub. for H. B. 4487), Relating to state retirement systems,

And,

(Com. Sub. for H. B. 4502), Allowing reciprocity agreements with contiguous states to establish regulations, licensing requirements and taxes for small businesses.

March 18, 2016

 (H. B. 4150), Making a supplementary appropriation to the Department of Health and Human Resources,

 (H. B. 4151), Making a supplementary appropriation to the Department of Education,

(H. B. 4152), Making a supplementary appropriation to the Division of Environmental Protection – Protect Our Water Fund,

(H. B. 4155), Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund, and the Department of Health and Human Resources, Division of Human Services - Medical Services Trust Fund,

And,

(Com. Sub. for S. B. 597), Relating generally to Health Care Authority.

March 20, 2016

(S. B. 427), Transferring funds from State Excess Lottery Fund to Department of Revenue.

March 21, 2016

            (Com. Sub. for S. B. 157), Authorizing Department of Revenue to promulgate legislative rules,

            (Com. Sub. for S. B. 159), Authorizing promulgation of legislative rules by miscellaneous boards and commissions,

            (Com. Sub. for S. B. 202), Authorizing Department of Commerce promulgate legislative rules,

            (Com. Sub. for S. B. 265), Allowing library volunteers necessary access to user records,

            (Com. Sub. for S. B. 376), Expanding authority of Secretary of State and State Police,

            (S. B. 476), Relating to driving restrictions in school zones,

            (S. B. 588), Repealing certain obsolete legislative rules by Department of Transportation,

            And,

            (Com. Sub. for S. B. 591), Relating to voter registration list maintenance and combined voter registration and driver licensing fund.

BECAME LAW WITHOUT GOVERNOR’S SIGNATURE

*H. B. 4150, Making a supplementary appropriation to the Department of Health and Human Resources.

*H. B. 4151, Making a supplementary appropriation to the Department of Education.

*H. B. 4152, Making a supplementary appropriation to the Division of Environmental Protection – Protect Our Water Fund.

*H. B. 4155, Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund, and the Department of Health and Human Resources, Division of Human Services - Medical Services Trust Fund.

*S. B. 427, Transferring funds from State Excess Lottery Fund to Department of Revenue.

(*Note:  Due to this bill being signed after the five day deadline, it is considered as having become law without the Governor’s signature on March 20, 2016.)

 

March 22, 2016

 (Com. Sub. for H. B. 2444), Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals,

 (Com. Sub. for H. B. 4265), Relating to payment by the West Virginia Municipal Bond Commission or state sinking fund commission or the governing body issuing the bonds,

(Com. Sub. for H. B. 4310), Relating to the West Virginia University Institute of Technology,

(Com. Sub. for H. B. 4360), Increasing the criminal penalty for the unlawful practice of law,

(H. B. 4411), Relating to penalty for illegally taking native brook trout,

(Com. Sub. for H. B. 4519), Allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System,

(Com. Sub. for H. B. 4612), Relating generally to tax increment financing and economic opportunity development districts,

(H. B. 4726), Relating to coal mining generally,

 (H. B. 4734), Relating to mine subsidence insurance,

(Com. Sub. for S. B. 6), Requiring drug screening and testing of applicants for TANF program,

(Com. Sub. for S. B. 43), Clarifying means of posting to prohibit hunting or trespassing,

            (Com. Sub. for S. B. 47), Rewriting licensing requirements for practice of medicine and surgery and podiatry,

            (Com. Sub. for S. B. 104), Classifying Marshall University Forensic Science Center as a criminal justice agency,

            (Com. Sub. for S. B. 195), Authorizing DHHR to promulgate legislative rules,

            (S. B. 323), Correcting statute subsection designations regarding trespassing on property,

            (Com. Sub. for S. B. 326), Repeal and recodify law relating to contributing to delinquency of minor child,

            (S. B. 329), Eliminating sunset provision for commission to study residential placement of children,

            (Com. Sub. for S. B. 330), Requiring automobile liability insurers provide 10 days' notice of intent to cancel due to nonpayment of premium,

            (Com. Sub. for S. B. 338), Compiling and maintaining Central State Mental Health Registry,

            (S. B. 416), Allowing terminally ill patients access to investigational products,

            (Com. Sub. for S. B. 429), Adopting two National Association of Insurance Commissioners' models to protect enrollees and general public and permit greater oversight,

            (S. B. 461), Updating WV Workforce Investment Act to the WV Workforce Innovation and Opportunity Act,

            (Com. Sub. for S. B. 484), Relating to reemployment rights of military personnel,

            (S. B. 494), Creating Legislative Oversight Commission on Department of Transportation Accountability,

            (Com. Sub. for S. B. 520), Allowing PEIA ability to recover benefits or claims obtained through fraud,

            (Com. Sub. for S. B. 575), Requiring leases for state office space provide landlord or owner be responsible for cleaning or janitorial services,

            (Com. Sub. for S. B. 581), Eliminating sunset provision terminating pilot domestic violence court program,

            And,

            (S. B. 627), Permitting physician to decline prescribing controlled substance.

March 23, 2016

 (Com. Sub. for H. B. 2110), Relating generally to the tax treatment of manufacturing entities,

(H. B. 2494), Creating a provisional plea process in criminal cases,

(H. B. 2605), Removing the limitation on actions against the perpetrator of sexual assault or sexual abuse upon a minor,

(Com. Sub. for H. B. 2615), West Virginia Small Business Capital Act,

(Com. Sub. for H. B. 2665), Relating to participation in Motor Vehicle Alcohol Test and Lock Program,

(Com. Sub. for H. B. 2826), Requiring the Commissioner of the Division of Highways to approve points of access to and from state highways to real property used or to be used for commercial, industrial or mercantile purposes; “Sarah Nott’s Law”,

(Com. Sub. for H. B. 2852), Relating to legalizing and regulating the sale and use of fireworks,

(Com. Sub. for H. B. 2897), Young Entrepreneur Reinvestment Act,

(Com. Sub. for H. B. 2904), Requiring the clerk of a county commission to maintain a county ordinance book,

(Com. Sub. for H. B. 4013), Requiring a person desiring to vote to present documentation identifying the voter,

(Com. Sub. for H. B. 4014), Preventing the State Board of Education from implementing common core academic standards and assessments,

            (H. B. 4033), Adding criminal penalties for the unauthorized practice of pharmacists care,

(Com. Sub. for H. B. 4186), Relating to additional duties of the Public Service Commission,

(Com. Sub. for H. B. 4201), Increasing the criminal penalties for participating in an animal fighting venture,

(Com. Sub. for H. B. 4218), Expanding the definition of “underground facility” in the One-Call System Act,

(Com. Sub. for H. B. 4237), Supporting and Strengthening Families Act,

(Com. Sub. for H. B. 4295), Relating to the School Innovation Zones Act,

(Com. Sub. for H. B. 4301), Relating to a framework for initiating comprehensive transformation of school leadership,

(Com. Sub. for H. B. 4307), Clarifying that a firearm may be carried for self defense in state parks, state forests and state recreational areas,

(Com. Sub. for H. B. 4314), Prohibiting the sale of powdered or crystalline alcohol,

(H. B. 4315), Relating to air-ambulance fees for emergency treatment or air transportation,

(H. B. 4316), Relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification,

            (H. B. 4334), Clarifying the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority,

(H. B. 4347), Providing pregnant women priority to substance abuse treatment,

(Com. Sub. for H. B. 4365), Relating to the certificate of need process,

(H. B. 4428), Clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified,

(Com. Sub. for H. B. 4435), Authorizing the Public Service Commission to approve expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects,

            (Com. Sub. for H. B. 4448), Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act,

(H. B. 4461), Relating to School Building Authority School Major Improvement Fund eligibility,

(Com. Sub. for H. B. 4463), Permitting the practice of telemedicine,

            (Com. Sub. for H. B. 4507), Providing an employer may grant preference in hiring to a veteran or disabled veteran,

 (Com. Sub. for H. B. 4517), Limiting the ability of an agent under a power of attorney to take self-benefiting actions,

(Com. Sub. for H. B. 4586), Ensuring that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways,

(H. B. 4594), Relating to predoctoral psychology internship qualifications,

(H. B. 4618), Relating to limitations on use of a public official's name or likeness,

(Com. Sub. for H. B. 4659), Authorizing local health departments to bill health insurance plans for services,

(Com. Sub. for H. B. 4668), Raising the allowable threshold of the coal severance tax revenue fund budgeted for personal services,

(Com. Sub. for H. B. 4673), Providing for a crime for the theft, damage or release of deer from private game farms,

(H. B. 4725), Relating to providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications,

(H. B. 4728), Relating to schedule three controlled substances,

(H. B. 4739), Unclaimed Life Insurance Benefits Act,

(H. B. 4740), Permitting that current members of the National Guard or Reserves may be excused from jury duty,

            (S. B. 54), Altering how tax is collected on homeowners' associations,

            (Com. Sub. for S. B. 259), Amending Unfair Trade Practices Act,

            (Com. Sub. for S. B. 270), Repealing code relating to insurance policies,

            (S. B. 352), Dedicating corporation net income tax proceeds to railways,

            (S. B. 384), Requiring Bureau for Medical Services seek federal waiver for 30-day waiting period for tubal ligation,

            (S. B. 459), Requiring county board of education to pay tuition to Mountaineer Challenge Academy,

            (Com. Sub. for S. B. 468), Allowing lender charge and receive interest on rescindable loan during rescission period,

            (Com. Sub. for S. B. 493), Allowing creation of self-settled spendthrift trusts,

            (S. B. 505), Exempting certain uses of field gas from motor fuel excise taxes,

            (S. B. 516), Relating to registration for selective service,

            (Com. Sub. for S. B. 517), Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner,

            (S. B. 563), Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members,

            (Com. Sub. for S. B. 595), Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members,

            (Com. Sub. for S. B. 599), Relating generally to Uniform Unclaimed Property Act,

            (S. B. 613), Defining total capital for purposes of calculating state-chartered bank's lending limit,

            (Com. Sub. for S. B. 614), Conforming statute with court interpretation by replacing "unconscionable" with "fraudulent" when referring to conduct,

            And,

            (Com. Sub. for S. B. 691), Modifying certain air pollution standards.

March 24, 2016

            (Com. Sub. for H. B. 2205), Creating the crime of prohibited sexual contact by a psychotherapist,

(Com. Sub. for H. B. 2366), Relating generally to the solicitation of minors,

            (Com. Sub. for H. B. 4009), Letting Our Counties Act Locally Act,

            (Com. Sub. for H. B. 4038), Relating to insurance requirements for the refilling of topical eye medication,

(Com. Sub. for H. B. 4040), Regulating step therapy protocols in health benefit plans,

(Com. Sub. for H. B. 4046), Relating to the promulgation of rules by the Department of Administration,

(Com. Sub. for H. B. 4146), Providing insurance cover abuse-deterrent opioid analgesic drugs,

(Com. Sub. for H. B. 4174), Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house,

(Com. Sub. for H. B. 4176), Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program,

(Com. Sub. for H. B. 4186), Relating to additional duties of the Public Service Commission,

(Com. Sub. for H. B. 4261), Prohibiting the sale or transfer of student data to vendors and other profit making entities,

(H. B. 4309), Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person,

(Com. Sub. for H. B. 4317), Limiting factors in parenting plans,

(Com. Sub. for H. B. 4323), Relating to the reporting of emergency incidents by well operators and pipeline operators,

(H. B. 4364), Internet Privacy Protection Act,

(H. B. 4378), Relating to access to and receipt of certain information regarding a protected person by certain relatives of the protected person,

(Com. Sub. for H. B. 4388), Relating to stroke centers,

(Com. Sub. for H. B. 4537), Relating to the regulation of chronic pain clinics,

(Com. Sub. for H. B. 4554), Allowing an increase of gross weight limitations on certain roads in Greenbrier County,

(H. B. 4558), Relating to victim notification and designation of additional individuals to receive notice of an offender's release,

(Com. Sub. for H. B. 4561), Creating a special hiring process for West Virginia Division of Highways employees,

(Com. Sub. for H. B. 4566), Relating to school personnel,

(Com. Sub. for H. B. 4604), Relating to violations of the Ethics Act,

(H. B. 4655), Prohibiting insurers, vision care plan or vision care discount plans from requiring vision care providers to provide discounts on noncovered services or materials,

(Com. Sub. for H. B. 4662), Permitting the Superintendent of the State Police to collect $3 dollars from the sale of motor vehicle inspection stickers,

(H. B. 4705), Relating to adding an additional type of West Virginia source income of nonresident individual,

(H. B. 4724), Relating to adding a requirement for the likelihood of imminent lawless action to the prerequisites for the crime of intimidation and retaliation,

(H. B. 4730), Relating to computer science courses of instruction,

(H. B. 4738), Relating to the offense of driving in an impaired state,

(Com. Sub. for S. B. 13), Increasing penalties for overtaking and passing stopped school buses,

(S. B. 107), Uniform Interstate Depositions and Discovery Act,

(Com. Sub. for S. B. 262), Eliminating need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings,

(Com. Sub. for S. B. 267), Modifying removal procedure for certain county, school district and municipal officers,

(Com. Sub. for S. B. 272), Allowing investigators from Attorney General's office to carry concealed weapons,

(Com. Sub. for S. B. 278), Clarifying physicians' mutual insurance company is not state or quasi-state actor,

(Com. Sub. for S. B. 283), Creating crime when fire is caused by operation of a clandestine drug laboratory,

(S. B. 306), Permitting sale of county or district property online,

(S. B. 333), Taking and registering of wildlife,

And,

(Com. Sub. for S. B. 619), 2016 Regulatory Reform Act.

March 28, 2016

            (Com. Sub. for S. B. 293), Neighborhood Investment Program Act,

            (Com. Sub. for S. B. 298), Allowing restaurants, private clubs and wineries sell alcoholic beverages on Sundays,

            (S. B. 311), Allowing permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program,

            (Com. Sub. for S. B. 339), Establishing Judicial Compensation Commission,

            (S. B. 345), Relating to parking on state-owned or leased property,

            (Com. Sub. for S. B. 361), Prohibiting persons who have committed crimes against elderly from performing community service involving elderly,

            (Com. Sub. for S. B. 404), Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases,

            (S. B. 431), Authorizing pharmacists and pharmacy interns dispense opioid antagonists,

            (S. B. 437), Updating and clarifying code relating to rules governing mixed martial arts,

            (Com. Sub. for S. B. 454), Licensing and regulating medication-assisted treatment programs for substance use disorders,

            (Com. Sub. for S. B. 465), Allowing professional employer insure certain risks through pure insurance captive,

            (Com. Sub. for S. B. 504), Relating to confidentiality of juvenile records,

            (Com. Sub. for S. B. 524), Rewriting Board of Barbers and Cosmetologists article,

            (Com. Sub. for S. B. 545), Relating to asbestos abatement on oil and gas pipelines,

            (Com. Sub. for S. B. 567), Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities,

            (S. B. 578), Protecting utility workers from crimes against person,

            (Com. Sub. for S. B. 601), Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities,

            (Com. Sub. for S. B. 602), Relating to Patient Injury Compensation Fund,

            (S. B. 618), Allowing Economic Development Authority to make loans to certain whitewater outfitters,

            (Com. Sub. for S. B. 621), Exempting taxicab companies with independent contract drivers from providing workers' compensation coverage,

            (Com. Sub. for S. B. 625), Revising exceptions from FOIA provided for in Aboveground Storage Tank Act,

            (Com. Sub. for S. B. 634), Creating William R. Laird IV Second Chance Driver's License Act,

            (Com. Sub. for S. B. 686), Authorizing local governing authorities hold sanctioned motor vehicle races on roads, streets or airports under their jurisdiction,

            (S. B. 702), Allowing title of real estate to pass to individuals entitled to sale proceeds if executor fails to do so within 5 years of closing estate,

            And,

            (Com. Sub. for H. B. 4060), Relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety.

Messages from the Executive

            Actions of His Excellency, the Governor, on other bills following adjournment of the session, as indicated in communications addressed to the Secretary of State, as follows:

State of West Virginia

Office of the Governor

Charleston

March 15, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 254

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for Senate Bill 254. This bill would bar county parks and recreation commissions from promulgating or enforcing rules and regulations prohibiting the possession of firearms. I believe counties are in a better position than the Legislature to evaluate local issues and determine whether firearm prohibitions in county parks and recreation areas are appropriate. Accordingly, I veto this bill in deference to county judgment on matters of public safety.

                                                                                                Sincerely,

                                                                                                Earl Ray Tomblin,

                                                                                                Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 2110

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill 2110. This bill relates to providing special property tax treatment and tax credits to small arms and ammunition manufacturers. In doing so, it decreases the investment threshold for receiving special property tax treatment from $50 million to $1 million, and increases the percentage of tax credit available from 5% to 50% of the qualified manufacturing investment. Lowering the investment threshold and increasing the tax credit to such levels is fiscally imprudent to provide to a single industry. Our state has several small manufacturers that have made greater investments and have not received such favorable treatment. For this reason, I disapprove this bill.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled House Bill 2796

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove House Bill 2796. This bill provides that any state employee who is designated an essential member of an emergency aid provider may be granted leave from his or her state employment with pay, for not more that fifteen work days in each year, to provide disaster relief or emergency services in areas of the state in which a state of emergency has been declared. The aim of this bill is laudable. However, I am concerned about agencies using the Civil Contingent Fund to pay for up to $300,000 a year in paid leave without the governor’s prior approval. Because this bill sidesteps executive oversight of governor’s office funds and could lead to abuse, it is hereby vetoed.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4014

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove the Enrolled Committee Substitute for House Bill 4014. This bill makes numerous revisions to the section of the West Virginia Code governing public education assessment programs and accountability measures. In particular, the bill requires the State Board of Education to discontinue the use of the state’s current summative assessment test in a very limited timeframe. This provision is problematic for two key reasons:

1)     It discounts the time and consideration that will be needed to evaluate and establish a new statewide summative assessment test.

2)     The uncertainty that will be caused by the assessment mandates has me concerned about the potential disruption of our state’s ongoing implementation of the new A-F school accountability system.

As governor, I have championed and the Legislature has endorsed education reform measures that will improve student achievement. We need to give these changes and measures added time to take hold, and see what works and what does not. While revisions may be warranted as we move along, we need to be cautious not to undermine stability for our teachers or the children they are trying to educate. Because this bill occasions yet more uncertainty and instability in our system of public education, it is hereby vetoed.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4080

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for House Bill 4080. This bill authorizing the Department of Veterans’ Assistance (“DVA”) to promulgate legislative rules is defective from a technical standpoint. First, it purports (perhaps inadvertently) to amend and reenact W. Va. Code § 64-11-1, which would cancel out the Legislature’s technical corrections to certain legislative rules filed by the former Division of Environmental Protection, Office of Oil and Gas. In other words, this bill appears to amend the wrong section of the West Virginia Code. Second, the bill’s internal citation to W. Va. Code § 9A-2-10 for the DVA’s authority to promulgate legislative rules is incorrect because § 9A-2-10 does not exist. In these circumstances, I must veto this bill on the foregoing technical grounds.              

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4168

Dear Secretary of State Tennant:

Pursuant to section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill 4168. This bill creates a special motor vehicle collectors license plate which among other things, allows the individual holding the plate to “transfer a . . . plate among multiple collector motor vehicles” and to “maintain or renew the . . . plate” even if the individual no longer owns a collector motor vehicle. See §§ 17A-6F-3(c) and 17A-6F-2(b).

Both law enforcement officials and the Division of Motor vehicles have expressed concern over the transferability of the plate between potentially unregistered vehicles. They have expressed that this bill may result in confusion in the enforcement of traffic regulations as well as potentially opening the door to subterfuge by certain persons. In view of the foregoing and in deference to our law enforcement officials, I hereby disapprove Enrolled House Bill 4168.                                                    

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4171

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove the Enrolled Committee Substitute for House Bill 4171. This bill makes several revisions to the statute governing the public school calendar. Two revisions are particularly problematic. Specifically, this bill deletes the requirement that the calendar shall provide 180 “separate” days of instruction. It also sets an inflexible instructional term that “shall begin no earlier than August 10 and end no later than June 10,” unless the school operates on a balanced calendar.

To be college or career ready, West Virginia’s students need to be in the classroom receiving instruction and learning for at least 180 separate days a year—even if this means making up lost time due to weather or emergencies. With proper planning, a county school system should be able to achieve 180 separate days of instruction without encroaching on summer vacation to a great degree. Because this bill retreats from the comprehensive education reforms I championed in 2013, including the flexible school calendar concept, it is hereby vetoed.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled House Bill 4246

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill 4246. This bill provides for a special act that, among other things, changes the essential character of a public library corporation established by the City of Martinsburg in Berkeley County, West Virginia. Martinsburg’s mayor has advised me the city opposes this bill’s intrusion on city affairs. To the extent that a change in the public library corporation is desired, it should be negotiated between the interested local parties (i.e., the city, the county commission, and the county board of education) rather than dictated by the Legislature. I veto this bill because it infringes on local decision-making and may very well violate W. Va. Const. Art. VI, § 39 (prohibiting local and special laws that regulate or change county or district affairs).

Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4307

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for House Bill 4307 because its title is defective. See State ex rel. Davis v. Oakley, 191 S.E.2d.610 (W. Va. 1972) (requiring bill title to provide notice of bill’s contents). Specifically the bill’s title fails to provide notice of how it impacts wildlife management areas and rail trails. In light of this technical defect, the bill is hereby vetoed.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled House Bill 4378

Dear Secretary of State Tennant:

Pursuant to section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled House Bill 4378. This bill creates a new legal process by which a court may order that a guardian of a vulnerable person allows access and provide information about that person to certain relatives.

This bill has several flaws. First, it broadly allows relatives of a protected person to access certain patient information. The sole factor to be used by the court in granting access to certain confidential information of a protected person is whether the protected person “is desirous of contact” with the relative. A protected person’s desire to visit with a relative does not necessarily equal the intent to provide access to other confidential data. This is especially true when the definition of “relative” extends beyond the customary familial relationships to include “any person who has a family-type relationship with a protected person.”

Second, in situations where a protected person is under guardianship of the Department of Health and Human Resources as a patient, the bill’s provisions on releasing information have the potential to conflict with current code relating to confidential disclosures. (See W. Va. Code § 27-3-1, Definition of confidential information; disclosures.) Specifically, the access to information provided under W. Va. Code § 44A-3-18 will not always be consistent to the exceptions for disclosure of confidential information. Id.

In view of the foregoing, I hereby disapprove Enrolled House Bill 4378.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4505

Dear Secretary of State Tennant:

Pursuant to section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill 4505. This bill amends the State Lottery Act and the Freedom of Information Act to allow Powerball, Mega Millions, and Hot Lotto winners to claim prizes anonymously. However, this bill contains a fatal technical error that requires its veto.

This bill would amend section § 29B-1-4 of the West Virginia Freedom of Information Act. This same section of code was also amended in Enrolled Committee Substitute for House Bill 2800. Therefore, this bill conflicts with amendments I signed into law as part of Enrolled Committee Substitute for House Bill 2800.

In view of the foregoing, I hereby disapprove Enrolled Committee Substitute for House Bill 4505.

Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4561

Dear Secretary of State Tennant:

Pursuant to section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill 4561. This bill requires the Commissioner of the Division of Highways and the Director of the Division of Personnel to collaborate on developing a special hiring procedure for personnel positions in the Division of Highways.

Expediting the hiring process of Division of Highways employees is a laudable goal, a goal that both the Division of Highways and the Division of Personnel have been collaboratively working toward for over a year. However, the changes made in this bill would have the effect of creating a policy that would undermine the integrity and statutory requirements of the civil service merit system in its entirety. Additionally, the proposed new policy would be in direct conflict with existing West Virginia Code and rules related to civil service and the duties and requirements of the Division of Personnel.

In view of the foregoing, I hereby disapprove and return Enrolled Committee Substitute for House Bill 4561. However, I have instructed the Division of Personnel and the Division of Highways to continue working cooperatively to resolve any existing inefficiencies in internal processes while ensuring that the Division of Highways’ employees retain merit based status.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4668

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill 4668. This bill increases the allowable threshold of coal severance tax revenue distributed to county and local governments that may be budgeted for personal services from one-fourth to one-half. When the Legislature originally contemplated distributions of coal severance tax revenue to county and local governments, it was intended that such funds would be used to build infrastructure and public facilities to benefit the local citizens. It was not intended that such funds be used to increase the staff and payrolls of the beneficiary governments.

For a variety of reasons, we now face a time when coal severance tax revenues are becoming more volatile and less certain. When coal severance tax revenues are the basis for an employee’s paycheck, it may allow a local government to hire more personnel during more prosperous times; but when we face tough times in the coal industry, as we do right now, more layoffs are likely to occur. Increasing the percentages of such funds that may be used for personal services will only exacerbate this volatility. For this reason, I disapprove this bill.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 102

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill 102. This bill provides county prosecutors with, among other things, limited arrest powers and the right to carry a concealed firearm for self-defense purposes. The proper role of prosecutors, however, is to represent the state in criminal proceedings; their job should not entail arresting suspects in county courthouses and being conflicted out of prosecuting them.

Further, the concealed carry right that would be afforded by this bill is duplicative of the Enrolled Committee Substitute for House Bill 4145. House Bill 4145 generally authorizes the concealed carry of a deadly weapon with or without a license. Because the Legislature overrode my veto of House Bill 4145, it will become law in May, 2016. Consequently, this May the general public (including prosecutors) will have the right to carry a concealed deadly weapon with or without a license, although that right may by qualified in a courthouse. In these circumstances, the Enrolled Committee Substitute for Senate Bill 102 is unnecessary and hereby vetoed.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 157

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for Senate Bill 157. This bill authorizes, repeals and directs promulgation of several legislative and procedural rules by the Department of Revenue. Among these is a legislative rule relating to the “Valuation of Timberland and Managed Timberland.” The authorization for this rule includes significant amendment to the rule, which is problematic for two reasons. First, these amendments occurred in the last days of the legislative session, not permitting those affected by such changes to fully appreciate or address the impacts of such changes. Second, these amendments will have a disproportionate and significant negative impact on the counties located in southern West Virginia. These amendments deserve further review before we make such sweeping changes in the law. For these reasons, I disapprove this bill.

Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 159

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for Senate Bill 159. This bill authorizes, repeals and directs promulgation of several legislative, procedural and interpretive rules. Among these is a reauthorization for a rule previously promulgated by the Enterprise Resource Board, which requires an amendment that would cap the amount of user fees that may be assessed in a fiscal year at $8,312,200 and would terminate the user fee on January 1, 2018. These limitations placed on the user fee are fiscally irresponsible and will prevent the Enterprise Resource Board from carrying out its statutory obligations. For this reason, I disapprove this bill.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 272

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove the Enrolled Committee Substitute for Senate Bill 272. This bill authorizes the Attorney General to allow designed investigators in his employ to carry a firearm in the course of performing their official duties. Likewise, it authorizes the Commissioner of the Alcohol Beverage Control Administration (“ABCA”) to designate certain employees of its Enforcement Division to carry a firearm. Per statutory authorization, ABCA’s Enforcement Division utilizes State Police assistance, where necessary, in issuing citations; its employees do not require firearms in carrying-out their official duties. ABCA has advised me it opposes this bill. In the interests of public safety, it is hereby vetoed.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Senate Bill 437

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill 437 for technical reasons.

The bill’s title and enacting clause are deficient. The title and enacting clause each state that the bill is amending and reenacting W. Va. Code § 29-5A-1, § 29-5A-15, and § 29-5A-24, but do not provide that it is also amending and reenacting § 29-5A-3, § 29-5A-3b, § 29-5A-5, and § 29-5A-20. For these reasons, I disapprove this bill.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Senate Bill 437

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill 437 for technical reasons.

The bill’s title and enacting clause are deficient. The title and enacting clause each state that the bill is amending and reenacting W. Va. Code § 29-5A-1, § 29-5A-15, and § 29-5A-24, but do not provide that it is also amending and reenacting § 29-5A-3, § 29-5A-3b, § 29-5A-5, and § 29-5A-20. For these reasons, I disapprove this bill.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 599

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for Senate Bill 599.

By law, the State Treasurer is the administrator of the Uniform Unclaimed Property Act. See West Virginia Code ' 36-8-1(1). This bill seeks to divest the State Treasurer of certain administrative duties and assign those duties to the Insurance Commissioner. As the law is clear that the State Treasurer shall act as the administrator, it is unwise to subdivide duties under the Uniform Unclaimed Property Act and assign those duties to other state actors.

In view of the foregoing, I must disapprove Enrolled Committee Substitute for Senate Bill 599.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

State of West Virginia

Office of the Governor

Charleston

April, 1, 2016

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Senate Bill 658

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill 658. This bill would allow licensed professionals, such as doctors, nurses, pharmacists and dentists, to donate time to the care of indigent and needy patients in a clinical setting. The bill also requires licensing boards to accept donated time to meet continuing education requirements for the professions.

Donating time to the care of the indigent and needy is critical to the framework of our society. That is why professionals are already authorized, encouraged, and in some instances mandated to donate their time and skills in this manner. Therefore, the “authorization” to donate contained in this bill is unnecessary.

That said, my concern with this bill is its requirement that donated time to be used to complete continuing education requirements. Each licensing board has specific continuing education requirements tailored to their profession. These requirements ensure that the state’s licensed healthcare professionals are informed about changes in their profession and are educated to provide the best care to their patients. Further, some licensing boards already offer professionals continuing education credit for donated time. Therefore, the continuing education provision in this bill providing one-to-one credit, up to ten hours would decrease the critical training received by our healthcare professionals through their continuing education courses.

In view of the foregoing, I must disapprove Enrolled Senate Bill 658.

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                    Governor.

Messages from the Executive

 

            Subsequent to the adjournment of the session, communications were received from His Excellency, the Governor, advising that on March 15, 2016, he approved S. B. 94, S. B. 271, Com. Sub. for S. B. 274, Com. Sub. for S. B. 303, S. B. 346, S. B. 349, Com. Sub. for S. B. 400, S. B. 415, S. B. 426, S. B. 483, S. B. 509, S. B. 515, Com. Sub. for H. B. 4228, H. B. 4617 and  H. B. 4644; on March 16, 2016, he approved Com. Sub. for S. B. 39, S. B. 426, S. B. 469, Com. Sub. for S. B. 474, S. B. 483, S. B. 507, Com. Sub. for S. B. 592, S. B. 648, S. B. 656, Com. Sub. for H. B. 2122, Com. Sub. for H. B. 2801, Com. Sub. for H. B. 2823, H. B. 4160, Com. Sub. for H. B. 4209, Com. Sub. for H. B. 4225, H. B. 4322, Com. Sub. for H. B. 4330, H. B. 4345, Com. Sub. for H. B. 4377, H. B. 4417; on March 8, 2016, he approved Com. Sub. for S. B. 500, S. B. 597 and S. B. 678; on March 21, 2016, he approved Com. Sub. for S. B. 265, S. B. 334, S. B. 429, S. B. 476, Com. Sub. for S. B. 591, Com. Sub. for H. B. 2588, H. B. 4155, H. B. 4346, Com. Sub. for H. B. 4487 and Com. Sub. for H. B. 4587; on March 23, he approved Com. Sub. for S. B. 6, S. B. 29, Com. Sub. for S. B. 43, Com. Sub. for S. B. 47, S. B. 54, Com. Sub. for S. B. 104, Com. Sub. for S. B. 259, Com. Sub. for S. B. 270, S. B. 323, Com. Sub. for S. B. 326, S. B. 329, Com. Sub. for S. B. 330, Com. Sub. for S. B. 338, S. B. 352, Com. Sub. for S. B. 376, S. B. 384, S. B. 416, Com. Sub. for S. B. 429, S. B. 459, Com. Sub. for S. B. 468, Com. Sub. for S. B. 484, Com. Sub. for S. B. 493, S. B. 505, S. B. 516, Com. Sub. for S. B. 517, Com. Sub. for S. B. 520, Com. Sub. for S. B. 575, Com. Sub. for S. B. 581, S. B. 613, S. B. 627, Com. Sub. for S. B. 691, Com. Sub. for H. B. 4360 and Com. Sub. for H. B. 4520; on March 24, 2016, he approved Com. Sub. for S. B. 13, S. B. 107, Com. Sub. for S. B. 262, Com. Sub. for S. B. 267, Com. Sub. for S. B. 278, S. B. 306, S. B. 333, S. B. 461, Com. Sub. for H. B. 2444, H. B. 2494, H. B. 2605, Com. Sub. for H. B. 2615, Com. Sub. for H. B. 2897, Com. Sub. for H. B. 2904, H. B. 4033, Com. Sub. for H. B. 4218, Com. Sub. for H. B. 4265, Com. Sub. for H. B. 4314, H. B. 4347, H. B. 4351, H. B. 4411, Com. Sub. for H. B. 4435, Com. Sub. for H. B. 4448, H. B. 4461, Com. Sub. for H. B. 4463, Com. Sub. for H. B. 4507, Com. Sub. for H. B. 4517, Com. Sub. for H. B. 4612, Com. Sub. for H. B. 4659, Com. Sub. for H. B. 4673, H. B. 4725 and H. B. 4740; on March 25, 2016, he approved S. B. 261, Com. Sub. for S. B. 283, Com. Sub. for H. B. 2205, Com. Sub. for H. B. 2366, Com. Sub. for H. B. 4038, Com. Sub. for H. B. 4186, Com. Sub. for H. B. 4261, Com. Sub. for H. B. 4295, Com. Sub. for H. B. 4301, Com. Sub. for H. B. 4309, Com. Sub. for H. B. 4310, H. B. 4315, H. B. 4316, H. B. 4340, Com. Sub. for H. B. 4365, Com. Sub. for H. B. 4502, Com. Sub. for H. B. 4537, H. B. 4558, H. B. 4594, Com. Sub. for H. B. 4604, H. B. 4651, Com. Sub. for H. B. 4662, H. B. 4705, H. B. 4730, H. B. 4734 and H. B. 4738; on March 29, 2016, he approved Com. Sub. for S. B. 293, Com. Sub. for S. B. 298, S. B. 311, S. B. 345, Com. Sub. for S. B. 404, S. B. 419, S. B. 431, Com. Sub. for S. B. 454, S. B. 461, Com. Sub. for S. B. 465, Com. Sub. for S. B. 545, Com. Sub. for S. B. 602, Com. Sub. for S. B. 614, S. B. 618, Com. Sub. for S. B. 621, Com. Sub. for S. B. 634, S. B. 702, Com. Sub. for H. B. 2826, Com. Sub. for H. B. 4040, Com. Sub. for H. B. 4046, Com. Sub. for H. B. 4060, Com. Sub. for H. B. 4146, Com. Sub. for H. B. 4176, Com. Sub. for H. B. 4317, H. B. 4334, Com. Sub. for H. B. 4388, Com. Sub. for H. B. 4554, Com. Sub. for H. B. 4586, H. B. 4618, H. B. 4724 and H. B. 4728; on March 30, he approved Com. Sub. for S. B. 195, Com. Sub. for S. B. 202, Com. Sub. for S. B. 339, Com. Sub. for S. B. 361, S. B. 494, Com. Sub. for S. B. 567, S. B. 578, Com. Sub. for S. B. 625, Com. Sub. for S. B. 686, Com. Sub. for H. B. 2665, Com. Sub. for H. B. 4174, Com. Sub. for H. B. 4201 and Com. Sub. for H. B. 4323; and on April 1, 2016, he approved Com. Sub. for S. B. 68, Com. Sub. for S. B. 504, Com. Sub. for S. B. 524, S. B. 563, S. B. 588, Com. Sub. for S. B. 595, Com. Sub. for S. B. 601, Com. Sub. for S. B. 619, Com. Sub. for H. B. 2852, Com. Sub. for H. B. 4009, Com. Sub. for H. B. 4013, Com. Sub. for H. B. 4237, H. B. 4364, H. B. 4428, Com. Sub. for H. B. 4519, H. B. 4566, H. B. 4655, H. B. 4726 and H. B. 4739.

There being no further business to come before the House, at 5:16 p.m., on motion of Delegate Cowles, the House of Delegates adjourned sine die.

 

___________*__________

            We hereby certify that the forgoing record of the proceedings of the House of Delegates, Second Regular Session, 2016, is the Official Journal of the House of Delegates for said session.

 

_____________________________

Tim Armstead

Speaker of the House of Delegates                                

 

____________________

                                                                                    Stephen J. Harrison

                                                                                    Clerk of the House of Delegates

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