sdj-110th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
EXTENDED SESSION, 2009
ONE HUNDRED TENTH DAY
____________
Charleston, W. Va., Sunday, May 31, 2009
The Senate met at 6 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 Saturday, May 30, 2009,
On motion of Senator Prezioso, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the adoption by that body of the committee of conference report,
passage as amended by the conference report, to take effect from
passage, and requested the concurrence of the Senate in the
adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2010, Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
Whereupon, Senator Helmick, from the committee of conference
on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2010, Budget bill, making appropriations of public money out of the Treasury in accordance
with section fifty-one, article VI of the Constitution.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendment of the Senate to Engrossed Committee
Substitute for House Bill No. 2010 having met, after full and free
conference, have agreed to recommend and do recommend to their
respective houses, as follows:
That both houses recede from their respective positions as to
the amendment of the Senate, striking out everything after the
enacting clause, and agree to the same as follows:
[CLERK'S NOTE: For full text of conference committee report,
see House Journal of this day.]
Respectfully submitted,
Harry Keith White,
Chair, Thomas W. Campbell, K. Steven
Kominar, Mary M. Poling, Don Perdue, William Anderson,
Conferees on
the part of the House of Delegates.
Walt Helmick,
Chair, Robert H. Plymale, Roman W. Prezioso,
Jr., Edwin J. Bowman, John R. Unger II, Karen L. Facemyer,
Conferees on the part of the Senate.
Senator Helmick, Senate cochair of the committee of
conference, was recognized to explain the report.
Following discussion,
Thereafter, on motion of Senator Helmick, the report was taken
up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2010, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were:
Barnes, Bowman, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Boley and Browning--2.
So, a majority 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. 2010) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Bowman, Caruth,
Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Boley and Browning--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2010) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the sixth order of business.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin offered the following resolution from the
floor:
Senate Resolution No. 59--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to notify the House of Delegates that the Senate has
completed its labors and is ready to adjourn
sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators Yost, White and Sypolt.
At the request of Senator Chafin, and by unanimous consent,
Senator Chafin offered the following resolution from the floor:
Senate Resolution No. 60--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn
sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Under the provision of the foregoing resolution, Senator
Tomblin (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate is ready to adjourn:
Senators Minard, Fanning and Deem.
Thereafter, the President recognized the presence of a three-
member delegation from the House of Delegates, namely:
Delegates Iaquinta, Shook and Schadler, who announced that
that body had completed its labors and was ready to adjourn
sine
die.
The President then acknowledged another delegation from the
House of Delegates, consisting of
Delegates Moore, D. Poling and Evans, who announced that they
had been appointed by that body to join with the similar committee
named by the Senate to wait upon His Excellency and were ready to
proceed with its assignment.
Senators Minard, Fanning and Deem, comprising the Senate
committee, then joined with the House committee and proceeded to
the executive offices to notify His Excellency, the Governor, of
imminent legislative adjournment, and receive any message he might
desire to transmit to the members of the Senate.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has conducted a complete examination
of the Senate Clerk's office; and in compliance with the Rules of
the Senate, reports that it has found all papers belonging to said
office properly filed, labeled and put away in presses; and that
the books belonging to the office are chronologically arranged.
In the opinion of the committee, the office is being handled
in a proper, efficient and commendable manner.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
On motion of Senator Palumbo, the Joint Committee on Enrolled
Bills was directed after it has 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 the regular
sixty-day and extended session of the Legislature, to file its
reports with the Clerk of bills so enrolled, showing the date such
bills were presented to the Governor; said reports to be included
in the final Journal, together with Governor's action on said
bills.
In accordance with the foregoing motion, the following reports
of the Joint Committee on Enrolled Bills were filed as follows:
Senator Palumbo, 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 1st day of June, 2009, 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:
(Second Enrollment Com. Sub. for H. B. No. 2423), Relating to
the Board of Medical Imaging and Radiation Therapy Technology.
(Second Enrollment Com. Sub. for H. B. No. 2535), Creating a
tax credit for certain solar energy systems.
(Second Enrollment Com. Sub. for H. B. No. 2701), Relating to
an escape of any person from the custody of the Division of
Juvenile Services.
(Second Enrollment Com. Sub. for H. B. No. 2771), Relating to
the West Virginia Alcohol and Drug-Free Workplace Act.
(Second Enrollment H. B. No. 2920), Eliminating the felony
conviction for a second or subsequent conviction of petit larceny.
(Second Enrollment Com. Sub. for H. B. No. 2926), Establishing
a procedure for challenging a candidate's qualifications for
elected office.
(Second Enrollment Com. Sub. for H. B. No. 3120), Increasing
the WV Prosecuting Attorneys Institute's executive council's
elected members from five to seven and permitting the appointment
of special prosecutors in juvenile delinquency, child abuse or
neglect proceedings.
(Second Enrollment H. B. No. 3170), Relating to WV
Guardianship and Conservatorship Act.
(Second Enrollment Com. Sub. for H. B. No. 3194), Making it a misdemeanor to knowingly file false information with the Secretary
of State.
(Second Enrollment H. B. No. 3197), Authorizing municipalities
to permit nonpolice officers to issue citations for littering.
And,
(Second Enrollment Com. Sub. for H. B. No. 3288), Relating to
mental health parity.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, 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 3rd day of June, 2009, 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:
(Second Enrollment Com. Sub. for S. B. No. 239), Allowing
majority vote for certain metro government approval.
(Second Enrollment Com. Sub. for Com. Sub. for S. B. No. 414),
Creating Governor's Office of Health Enhancement and Lifestyle
Planning.
(Second Enrollment Com. Sub. for S. B. No. 501), Prohibiting
animal gas chamber euthanasia.
(Second Enrollment S. B. No. 528), Relating to certain fees
collected by county clerks.
(Second Enrollment Com. Sub. for S. B. No. 695), Relating to
payment for certain state employees' unused sick leave.
(Second Enrollment Com. Sub. for S. B. No. 715), Establishing
Chesapeake Bay Restoration Initiative.
And,
(Com. Sub. for H. B. No. 2010), Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on June 5, 2009, he had approved
Second
Enrollment Enr. Committee Substitute for Committee Substitute for
Senate Bill No. 239, Second Enrollment Enr. Committee Substitute
for Committee Substitute for Senate Bill No. 414, Second Enrollment
Enr. Committee Substitute for Senate Bill No. 501, Second Enrollment Enr. Senate Bill No. 528, Second Enrollment Enr.
Committee Substitute for Senate Bill No. 695, Second Enrollment
Enr. Committee Substitute for Senate Bill No. 715, Second
Enrollment Enr. Committee Substitute for House Bill No. 2423,
Second Enrollment Enr. Committee Substitute for House Bill No.
2535, Second Enrollment Enr. Committee Substitute for House Bill
No. 2701, Second Enrollment Enr. Committee Substitute for House
Bill No. 2771, Second Enrollment Enr. House Bill No. 2920, Second
Enrollment Enr. Committee Substitute for House Bill No. 2926,
Second Enrollment Enr. Committee Substitute for House Bill No.
3120, Second Enrollment Enr. House Bill No. 3170, Second Enrollment
Enr. Committee Substitute for House Bill No. 3194, Second
Enrollment Enr. House Bill No. 3197 and
Second Enrollment Enr.
Committee Substitute for House Bill No. 3288.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
June 5, 2009
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
Pursuant to the provisions of Section 51, Article VI of the
Constitution of West Virginia, I hereby return Enrolled Committee
Substitute for House Bill No. 2010, passed May 31, 2009, approved
with the following objections.
My first objection to the bill is contained in Item 60, page
64, line 35, which states:
"Health Right Free Clinics 727 4,249,336"
Being acutely aware of the national economy, the budget
deficits currently facing the vast majority of states, and the
future funding challenges in West Virginia's Medicaid program, it
is imperative that a cautious and prudent approach be taken to
avoid building the State's base budget. The above appropriation of
$4,249,336 is $500,000 above the funding available in FY 2009. In
addition, funding available for this program increased by
$1,000,000 from FY 2008 to FY 2009. Therefore, I am reducing the
base building appropriation by the amount of $500,000 to
$3,749,336. I will, however, submit to the Legislature a request
for a one-time supplemental appropriation in the amount of $300,000
to support this program.
My second objection to the bill is contained in Item 64, page
71, line 23, which states:
"In-Home Family Education 688 1,250,000"
Being acutely aware of the national economy, the budget
deficits currently facing the vast majority of states, and the
future funding challenges in West Virginia's Medicaid program, it
is imperative that a cautious and prudent approach be taken to
avoid building the State's base budget. The above appropriation of
$1,250,000 is $500,000 above the funding available in FY 2009. In
addition, funding available for this program increased by $145,000 from FY 2008 to FY 2009. Therefore, I am reducing the base
building appropriation by the amount of $500,000 to $750,000. I
will, however, submit to the Legislature a one-time supplemental
appropriation for $300,000 to support this program.
My third objection to the bill is contained in Item 64, page
72, line 32 through line 33, which states:
"Grants for Licensed Domestic
Violence Programs and Statewide
Prevention 750 2,500,000"
Being acutely aware of the national economy, the budget
deficits currently facing the vast majority of states, and the
future funding challenges in West Virginia's Medicaid program, it
is imperative that a cautious and prudent approach be taken to
avoid building the State's base budget. The above appropriation of
$2,500,000 is $1,000,000 above the funding available in FY 2009.
Therefore, I am reducing the base building appropriation by the
amount of $l,000,000 to $1,500,000. I will, however, submit to the
Legislature a one-time supplemental appropriation for $1,000,000 to
support this program.
My fourth objection to the bill is contained in Item 274, page
204, line 4, which states:
"Technology System Specialists 062 5,000,000"
Being acutely aware of the national economy and of the budget
deficits currently facing many other states, it is imperative that
a cautious and prudent approach is taken to avoid building the
State's base budget. The above appropriation of $5,000,000 would start a new program for FY 2010 that has not been fully vetted to
determine if there is redundancy with existing programs or a true
need. Therefore, I am reducing the appropriation by its full
amount, $5,000,000 to $0, to prevent base building of the budget.
My fifth objection to the Bill is contained in the language
found in Item 274, page 205, line 6 through line 28, which states:
"From the above appropriation for Technology System
Specialists (activity 062), the State Department of Education shall
make available matching grants of $40,000 to county boards of
education for each learning technology proficient school with a
minimum net enrollment of 450 students for a full-time Technology
System Specialist to be employed within the school. The grants
shall be awarded until funds are exhausted. The grants shall be
determined on a competitive basis by the West Virginia State
Department of Education and report guidelines and procedures to the
Legislative Oversight Committee on Education Accountability
(LOCEA). The State Department of Education shall enter an
agreement with each county board of education receiving a grant
specifying a county board matching obligation of at least $20,000
of the total employment costs represented by each grant-funded
position and the Technology System Specialist job description and
qualifications. Learning technology proficient school is hereby
defined as a public school having at least one classroom computer
for every five students, at least one digital projector for every
five classrooms and at least one interactive whiteboard, as
evidenced by the West Virginia Department of Education 2008 Digital Divide Survey."
As fully set forth in my fourth objection herein, I am
deleting the funding of $5,000,000 for Technology System
Specialists. Therefore, I am deleting the corresponding language
in its entirety contained from line 6 through line 28, on page 205.
For the reasons stated herein, I have approved, with the above
objections, Enrolled Committee Substitute for House Bill No. 2010.
Sincerely,
Joe Manchin III,
Governor.
cc: The Honorable Richard Thompson
The Honorable Earl Ray Tomblin
All business of the sixty-day and extended session now being
concluded,
Senator Fanning, from the select committee to notify His
Excellency, the Governor, that the Senate is ready to adjourn
sine
die, returned to the chamber and was recognized by the President.
Senator Fanning then reported this mission accomplished.
Thereupon,
On motion of Senator Chafin, the Senate adjourned
sine die.
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