sdj-66th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
EXTENDED SESSION, 2011
SIXTY-SIXTH DAY
____________
Charleston, W. Va., Friday, March 18, 2011
The Senate met at 5 p.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Honorable David C. Nohe, a senator
from the third district.
Pending the reading of the Journal of Thursday, March 17,
2011,
On motion of Senator Minard, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the third order of business.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on March 17, 2011, he had approved
Enr.
Committee Substitute for House Bill No. 2766.
The Senate then proceeded to the fourth order of business.
Senator Miller, 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 17th day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Com. Sub. for S. B. No. 219), Relating to maintaining
solvency of Unemployment Compensation Fund.
(Com. Sub. for S. B. No. 238), Redesignating Division of
Veterans' Affairs as Department of Veterans' Assistance.
(S. B. No. 428), Increasing fees charged by clerk of circuit
court for medical professional liability actions.
And,
(S. B. No. 608), Increasing fees for services and documents
issued by DMV.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Michael T. Ferro,
Vice Chair, House Committee.
Senator Miller, 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 18th day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Com. Sub. for H. B. No. 2013), Requiring the West Virginia
Enhanced 911 Council to propose Emergency Medical Dispatch
procedures.
(Com. Sub. for H. B. No. 2248), Expanding the list of federal
law-enforcement officers who are extended the authority of state
and local law-enforcement officers to enforce the laws of this
state.
(H. B. No. 2345), Changing the membership of the PEIA
Financial Board.
(Com. Sub. for H. B. No. 2464), Adding additional requirements
to the Ethics Act.
(Com. Sub. for H. B. No. 2517), Allowing Correctional
Industries to directly purchase workers' compensation coverage for
inmates.
(Com. Sub. for H. B. No. 2525), Relating to the practice of
social work.
(Com. Sub. for H. B. No. 2542), Clarifying requirements and
procedures for access to cemeteries and grave sites located on
private land.
(Com. Sub. for H. B. No. 2639), Authorizing miscellaneous
boards and agencies to promulgate legislative rules.
(Com. Sub. for H. B. No. 2663), Relating to public service
commissioners presiding at hearings.
(H. B. No. 2763), Prohibiting the Executive Director of
Workforce West Virginia from billing a reimbursable employer under
the unemployment compensation law for overpaid amounts of benefits
paid to a claimant.
(Com. Sub. for H. B. No. 2864), All relating to the creation
of a misdemeanor crime of unlawful restraint in the first and second degree.
(Com. Sub. for H. B. No. 2879), Providing a one-time, nonbase
building, supplemental salary increase for all eligible state
employees.
(Com. Sub. for H. B. No. 2885), Allowing a guardian or
conservator to be employed or in an employment contract with a
behavioral health provider.
And,
(Com. Sub. for H. B. No. 2955), Authorizing the Division of
Mining and Reclamation to assess certain fees to coal mine
operators.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Michael T. Ferro,
Vice Chair, House Committee.
Senator Miller, 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 18th day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Com. Sub. for H. B. No. 2075), Relating to acquisition of a
municipal business license.
(Com. Sub. for H. B. No. 2479), Relating to dental anesthesia.
(Com. Sub. for H. B. No. 2498), Relating to the practice of
dentistry.
(Com. Sub. for H. B. No. 2550), Interstate Compact on
Educational Opportunity for Military Children.
(Com. Sub. for H. B. No. 2818), Increasing the allowable
expense that may be paid for the clean-up of real property damage
by a meth lab.
(Com. Sub. for H. B. No. 2860), Authorizing the promulgation
of rules by the Governor's Committee on Crime, Delinquency and
Correction.
(Com. Sub. for H. B. No. 2863), Providing for the costs of
disability physical and/or mental examinations approved by the
Consolidated Public Retirement Board under the West Virginia State
Police plan.
(Com. Sub. for H. B. No. 2936), Changing the date of the
canvassing of votes in a primary election.
(Com. Sub. for H. B. No. 2949), Providing definitions of "low
income" for purposes of property tax relief programs.
(H. B. No. 3075), Increasing the time period in the
hold-harmless provision when distributing state aid to local health
departments.
(Com. Sub. for H. B. No. 3094), Requiring the Secretary of the
Department of Health and Human Services to use existing department
funds to develop a program to compensate employees for personal
property loss.
(Com. Sub. for H. B. No. 3145), Providing a one-time bonus to certain annuitants of the Public Employees Retirement System and
the State Teachers Retirement System.
And,
(Com. Sub. for H. B. No. 3196), Establishing a program and
procedure for certifying medications assistive persons in the
health industry.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore
Chair, House Committee.
Without objection, the Senate returned to the third order of
business.
Executive Communications
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 17, 2011
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
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 No. 121.
I must object to this Bill because its object is not
adequately expressed in the title. The Bill would authorize the
Department of Environmental Protection to promulgate a legislative
rule relating to requirements governing water quality standards;
however, the title does not make reference to the rule authorized
by the Bill. Accordingly, I find the title of the Bill
inconsistent with the substance of the Bill, so as to render
Enrolled Committee Substitute for Senate Bill No. 121
constitutionally defective.
For this reason, I must veto the legislation. However, I
encourage the Legislature to reconsider this matter in the future
and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 121, Authorizing DEP
promulgate legislative rules.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 121, the same was put and prevailed.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Enr. Com. Sub. for Senate Bill No. 121--An Act to amend and
reenact article 3, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Environmental Protection;
legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative
agencies of the state; authorizing certain of the agencies to
promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules in the form that
the rules were filed in the State Register and as amended by the
Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste
management systems; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface
mining reclamation; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to ambient air
quality standards; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to permits for
construction and major modification of major stationary sources of
air pollution for the prevention of significant deterioration;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to control of air pollution from combustion of solid waste;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction
and major modification of major stationary sources of air pollution
which cause or contribute to nonattainment; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to the control of air pollution from hazardous waste
treatment, storage and disposal facilities; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to emission standards for hazardous air pollutants;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to requirements governing
water quality standards; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to the National Pollutant Discharge Elimination System (NPDES) Program; authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to requirements governing
groundwater standards; and authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to monitoring well design standards.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 121) passed with its title, as
amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 121) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler (Acting President) then laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Enrolled Committee Substitute for Senate Bill No. 219 is an
important piece of legislation designed to allow a mechanism to
keep the Unemployment Compensation Fund solvent. The most recent
projections received by this office predict a significant chance
that the Fund may need a temporary loan within the next sixty (60)
days. However, it appears that the Legislature mistakenly omitted to make the Bill effective from passage, thus potentially
jeopardizing the fund. For that reason, I hereby disapprove of and
return Enrolled Committee Substitute for Senate Bill No. 219 to the
Legislature for reconsideration of the effective date.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 219, Relating to
maintaining solvency of Unemployment Compensation Fund.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 219, the same was put and prevailed.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 219) passed as a result of the
objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 219) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler (Acting President) next laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Enrolled Committee Substitute for Senate Bill No. 238 is an
important piece of legislation that recognizes the important role
our veterans play in guiding the executive department of this
state. By redesignating the Division of Veterans' Affairs as the
Department of Veterans' Assistance, and creating a new cabinet
secretary therein, West Virginia's veterans are assured a more
prominent role in state government. While I appreciate the
Legislature's effort in passing this important piece of
legislation, I must object to this Bill because it appears that it
overrode a provision in Enrolled Committee Substitute for House
Bill No. 2879 that increased the salary of another important leader
of our Armed Forces, the Adjutant General of the West Virginia
National Guard. Additionally, it appears that the internal
effective date for the transition of the Veteran's Council to be
administered under the newly created Department of Veterans'
Assistance should be amended to take effect July 1, 2011 to ensure
a smooth transition.
For these reasons, I must veto the legislation and encourage
the Legislature to reconsider this matter in the future and return
it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 238, Redesignating Division
of Veterans' Affairs as Department of Veterans' Assistance.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 238, the same was put and prevailed.
On motion of Senator Wells, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page five, section one, lines fifty-four and fifty-five,
after the word "Office" by striking out the comma and the words
"which includes the Division of Tourism and the Tourism
Commission,";
On page six, section one, after line seventy-one, by inserting
a new subdivision, designated subdivision (9), to read as follows:
(9) Division of Tourism Commission provided in article two-h,
chapter five-b of this code.;
On page seven, section one, lines one hundred five and one
hundred six, by striking out all of subdivision (2);
And renumbering the remaining subdivisions;
On page seven, section one, after line one hundred ten, by
inserting a new subsection, designated subsection (g), to read as
follows:
(g) The Educational Broadcasting Authority provided in article
five, chapter ten of this code is part of the Department of
Education and the Arts for the purposes of administrative support
and liaison with the office of the Governor.;
And relettering the remaining subsections;
On page seven, section one, line one hundred twenty-two, after
the word "and" by inserting the new word "the";
On page ten, section one, line two hundred eleven, by striking
out the word "The" and inserting in lieu thereof the words
"Effective July 1, 2011, the";
On page twelve, section two-a, line twenty-four, after
"$70,000;" by inserting the words "Prior to July 1, 2011, Director,
Division of Veterans Affairs, $65,000;";
On page twelve, section two-a, lines thirty-six through forty-
two, by striking out all of the proviso and inserting in lieu
thereof a new proviso, to read as follows:
Provided, however, That
any officer specified in this subsection whose salary is increased
by more than $5,000 as a result of the amendment and reenactment of
this section during the 2011 regular session of the Legislature
shall be paid the salary increase in increments of $5,000 per
fiscal year beginning July 1, 2011, up to the maximum salary
provided in this subsection.;
On page fourteen, section two-a, line eighty-one, by striking
out "$92,500" and inserting in lieu thereof "$125,000";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for Senate Bill No. 238--An Act to amend and
reenact §4-10-8 of the Code of West Virginia, 1931, as amended; to
amend and reenact §5F-1-2 of said code; to amend and reenact
§5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to
amend and reenact §9A-1-1, §9A-1-2 and §9A-1-4 of said code; and to
amend said code by adding thereto four new sections, designated
§9A-1-1a, §9A-1-1b, §9A-1-1c and §9A-1-1d, all relating to
organization and authority of state agencies generally; clarifying
agencies structures; redesignating the Division of Veterans'
Affairs as the Department of Veterans' Assistance within the
executive branch; establishing the office of the secretary and
setting forth the powers and duties of the secretary; establishing
the time period for review of the Department of Veterans'
Assistance by the Joint Standing Committee on Government
Organization and the Joint Committee on Government Operations;
providing that the Veterans' Council be part of the Department of
Veterans' Assistance; changing name of division from Division of
Veteran Affairs to Department of Veterans' Assistance; changing
name of council from Veterans' Council to Veterans Council;
revising membership requirements for the Veterans' Council;
providing that the Department of Veterans' Assistance be supervised by a secretary-level administrator; establishing the salary of the
secretary; providing an effective date for redesignation;
clarifying the purpose of the Department of Veterans' Assistance;
making other changes to the code to comport with the amendment;
establishing the salaries of certain public officers and public
employees requiring some salary increases to be incremental;
establishing internal effective dates related to positions and
salary pending transition to department level agency; and providing
technical and clerical cleanup.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 238) passed with its title, as
amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 238) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 17, 2011
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
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 No. 263.
I must object to this Bill because its object is not
adequately expressed in the title. The Bill would exempt certain
nonprofit corporations from complying with the dealer recovery fund
requirements imposed by article six, chapter seventeen-a of the
Code of West Virginia, 1931, as amended; however, the title does
not make reference to the exemption contained in the Bill.
Accordingly, I find the title of the Bill inconsistent with the
substance of the Bill, so as to render Enrolled Committee
Substitute for Senate Bill No. 263 constitutionally defective.
For this reason, I must veto the legislation. However, I
encourage the Legislature to reconsider this matter and return it
to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 263, Relating to special
plates for testing of vehicles operated by certain nonprofit
corporations.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 263, the same was put and prevailed.
On motion of Senator Beach, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Enr. Com. Sub. for Senate Bill No. 263--An Act to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17A-6-10d, relating to special plates for the
testing of vehicles operated by nonprofit corporations engaged in
research and development of motor vehicles, special fuels or
equipment for motor vehicles; requiring written records be kept;
nonprofit corporations issued a special plate are not required to
comply with the bond or dealer recovery fund otherwise required for
that vehicle; requiring vehicles to be insured; and exempting the
vehicles from safety inspections, but requiring the vehicles to be
safe.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 263) passed with its title, as
amended, as a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler (Acting President) then laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 17, 2011
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
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 No. 295.
I must object to this Bill because its object is not
adequately expressed in the title. The Bill would authorize the
Department of Health and Human Resources to promulgate a
legislative rule relating to maternal risk screening; however, the
title does not make reference to the rule authorized by the Bill.
Accordingly, I find the title of the Bill inconsistent with the substance of the Bill, so as to render Enrolled Committee
Substitute for Senate Bill No. 295 constitutionally defective.
For this reason, I must veto the legislation. However, I
encourage the Legislature to reconsider this matter in the future
and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 295, Authorizing DHHR
promulgate legislative rules.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 295, the same was put and prevailed.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Enr. Com. Sub. for Senate Bill No. 295--An Act to amend and
reenact article 5, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the Department of Health and Human
Resources; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the
agencies to promulgate certain legislative rules in the form that
the rules were filed in the State Register; authorizing certain of
the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee and as amended by the Legislature; authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to public water systems; authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to specialized multipatient medical
transport; authorizing the Department of Health and Human Resources
to promulgate a legislative rule relating to food manufacturing
facilities; authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to fire
department rapid response services licensure; authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to emergency medical services;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to cancer registry;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to maternal risk screening;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to safety and treatment programs; authorizing the Department of Health and Human Resources
to promulgate a legislative rule relating to requirements for
licensure of nonprofit corporations for conservator service; and
authorizing the Health Care Authority to promulgate a legislative
rule relating to certificates of need.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 295) passed with its title, as
amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage
On this question, the yeas were: Beach, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for S. B. No. 295) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler (Acting President) next laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Senate Bill No. 428.
I must object to this Bill because its proposed title does not
reference two sections of the West Virginia Code amended by the
Bill. Accordingly, I find the title of the Bill inconsistent with the substance of the Bill, so as to render Enrolled Senate Bill No.
428 constitutionally defective. For this reason, I must veto the
legislation. However, I encourage the Legislature to reconsider
this matter and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Senate Bill No. 428, Increasing fees charged by clerk of
circuit court for medical professional liability actions.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Senate Bill No. 428, the same
was put and prevailed.
On motion of Senator Prezioso, the following amendments to
bill were reported by the Clerk, considered simultaneously, and
adopted:
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §59-1-4, §59-1-11 and §59-1-13 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Senate Bill No. 428--An Act to amend and reenact §59-1-4,
§59-1-11 and §59-1-13 of the Code of West Virginia, 1931, as
amended, all relating generally to fees charged by the clerk of a
circuit court; increasing the fees charged by the clerk of a
circuit court for medical professional liability actions; and fees
collected by clerks of court to be used to enhance funding for
civil legal services for victims of domestic violence and low
income citizens in the state.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. S. B. No. 428) passed with its title, as amended, as a result
of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the third order of business.
Executive Communications
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 2464.
Apparently, during the Conference Committee Process, the first
portion of subsection (e) of section two, article three, chapter
six-b of the Code of West Virginia, 1931, as amended (the "Code"),
was omitted from the Conference Report and was also, therefore,
omitted from Enrolled Committee Substitute for House Bill No. 2464. Accordingly, the language in the Bill following subsection (d) of
the aforementioned section of the Code, enumerated as subdivisions
(1) through (7), lacks reference and is ambiguous as to its
intended meaning.
Although I support the substance of this legislation, because
the Bill contains the referenced flaw, I must veto Enrolled
Committee Substitute for House Bill No. 2464. However, I encourage
the Legislature to reconsider this matter and return it to my desk
for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Jeffrey V. Kessler
The Honorable Natalie E. Tennant
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, to take
effect July 1, 2011, of a bill disapproved and returned by the
Governor with his objections, and requested the concurrence of the
Senate in the passage, of
Enr. Com. Sub. for House Bill No. 2464, Adding additional
requirements to the Ethics Act.
On motion of Senator Unger, the message was taken up for
immediate consideration.
Senator Unger then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 2464), heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 2464, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendment to the bill:
On page twelve, section two, after line fifty-three, by
inserting a new subsection, designated subsection (e), to read as
follows:
(e) The following public officers or employees may not, during
or up to one year after the termination of their public employment
or service, be allowed to register as lobbyists:.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: Minard--1.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2464) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Beach, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: Minard--1.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2464) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Kessler (Acting President) then laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 2525.
I must object to this Bill because its objects are not
adequately expressed in the title. The Bill would specify, in
separate sections, the scope of practice for a licensed certified
social worker, a licensed graduate social worker, a social worker,
and a provisionally licensed social worker; however, the title
fails to mention or address the scope of practice for any of the
above-named types of social workers.
The Bill would also respecify in a new section and add
additional exemptions from the provisions of article thirty,
chapter thirty of the Code of West Virginia, 1931, as amended;
however, the title fails to mention or address the additional
exemptions. In addition, the Bill would amend the requirements
regarding the display of a license or permit at the person's
principal business location; however, the title fails to mention or
address the amended display requirements. Lastly, the Bill would
respecify in a new section and amend the information a licensee
must not disclose and exceptions to that requirement; however, the
title fails to mention or address the amended confidentiality
requirement and exceptions.
Unfortunately, because the Bill's title does not adequately
reflect the amendments it purports to make to the West Virginia
Code, a reasonable person would not be able to discern the amendments without reading the entire text of the Bill. For this
reason, I must veto Enrolled Committee Substitute for House Bill
No. 2525.
Additionally, while not substantively fatal, the Bill contains
a clerical error. The Senate's adopted floor amendment required
that the word "supervision" be inserted
after the word "required"
on page ten, section six, line seventeen. However, in the Enrolled
Committee Substitute for House Bill No. 2525, the word
"supervision" was inserted
before the word "required".
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Jeffrey V. Kessler
The Honorable Natalie E. Tennant
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, to take
effect from passage, of a bill disapproved and returned by the
Governor with his objections, and requested the concurrence of the
Senate in the passage, of
Enr. Com. Sub. for House Bill No. 2525, Relating to the
practice of social work.
On motion of Senator Unger, the message was taken up for
immediate consideration.
Senator Unger then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 2525), heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 2525, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendment to the title of the bill:
Enr. Com. Sub. for House Bill No. 2525--A Bill to repeal
§30-30-8a of the Code of West Virginia, 1931, as amended; to amend
and reenact §30-30-1, §30-30-2, §30-30-3, §30-30-4, §30-30-5,
§30-30-6, §30-30-7, §30-30-8, §30-30-9, §30-30-10, §30-30-11 and
§30-30-12 of said code; and to amend said code by adding thereto
seventeen new sections, designated §30-30-13, §30-30-14, §30-30-15,
§30-30-16, §30-30-17, §30-30-18, §30-30-19, §30-30-20, §30-30-21,
§30-30-22, §30-30-23, §30-30-24, §30-30-25, §30-30-26, §30-30-27,
§30-30-28 and §30-30-29, all relating to the practice of social
work; prohibiting the practice of social work without a license;
setting forth applicable law; defining terms; continuing and
renaming board; providing for board composition, appointments,
qualifications, terms of office, filling of vacancies and holding
meetings; providing for compensation and reimbursement for board
members; setting forth the powers and duties of the board;
clarifying rulemaking authority; continuing a special revenue
account; establishing licensure requirements for independent
clinical social workers, certified social workers, licensed
graduate social workers and social workers; setting forth scopes of practice for independent clinical social workers, certified social
workers, licensed graduate social workers and social workers;
providing for provisional licenses; establishing qualifications and
scope of practice for provisional licenses; providing exemptions
from licensure; providing temporary exemption for persons licensed
in another state; establishing licensure renewal requirements;
establishing delinquent, expired and inactive license requirements;
providing temporary permit requirements; requiring license to be
displayed; providing for privileged communications and exceptions;
providing the board may issue notices to cease and desist;
providing that circuit courts may issue injunctions; setting forth
grounds for disciplinary actions; allowing for specific
disciplinary actions; providing procedures for the investigation of
complaints; providing for judicial review and appeals of decisions;
setting forth hearing and notice requirements; providing for civil
causes of action; and providing for criminal penalties.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2525) passed with its title, as
amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2525) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Kessler (Acting President) next laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
Enrolled Committee Substitute for House Bill No. 2542 relates
to allowing certain authorized persons to have access to cemeteries
and grave sites located on private lands. Although I support the
substance of this legislation, technical drafting errors in the
body of the bill provide erroneous internal cross-references.
For this reason, I must veto the legislation. However, I
encourage the Legislature to reconsider this matter in the future
and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Jeffrey V. Kessler
The Honorable Natalie E. Tennant
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, of a bill
disapproved and returned by the Governor with his objections, and
requested the concurrence of the Senate in the passage, of
Enr. Com. Sub. for House Bill No. 2542, Clarifying
requirements and procedures for access to cemeteries and grave
sites located on private land.
On motion of Senator Unger, the message was taken up for immediate consideration.
Senator Unger then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 2542),
heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 2542, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendments to the bill:
On page two, section one, line seven, by striking out "(c)"
and inserting in lieu thereof "(b)";
On page two, section one, line ten, by striking out the words
"subdivision (b)" and inserting in lieu thereof the words "to
subdivision (2), subsection (c)";
And,
On page three, section one, lines twenty-seven and twenty-
eight, after "(b)" by striking out the comma and the words "section
one of this article" and inserting in lieu thereof the words "of
this section".
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2542) passed with its title, as
amended, as a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 2639.
I must object to this Bill because its object is not
adequately expressed in the title. The Bill would authorize the
Board of Optometry to promulgate a legislative rule relating to
examination and scoring policy contained in 14 CSR 6; however, the
title does not make reference to the rule authorized by the Bill.
Accordingly, I find the title of the Bill inconsistent with the
substance of the Bill, so as to render Enrolled Committee
Substitute for House Bill No. 2639 constitutionally defective.
For this reason, I must veto the legislation. However, I
encourage the Legislature to reconsider this matter in the future
and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Jeffrey V. Kessler
The Honorable Natalie E. Tennant
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, to take
effect from passage, of a bill disapproved and returned by the
Governor with his objections, and requested the concurrence of the
Senate in the passage, of
Enr. Com. Sub. for House Bill No. 2639, Authorizing
miscellaneous boards and agencies to promulgate legislative rules.
On motion of Senator Unger, the message was taken up for
immediate consideration.
Senator Unger then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 2639),
heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 2639, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendment to the title of the bill:
Enr. Com. Sub. for House Bill No. 2639--A Bill to amend and
reenact article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Board of Pharmacy to promulgate a
legislative rule relating to the licensure and the practice of
pharmacy (15 CSR 1); authorizing the Board of Pharmacy to
promulgate a legislative rule relating to controlled substances
monitoring (15 CSR 8); authorizing the Board of Physical Therapy to
promulgate a legislative rule titled general provisions (16 CSR 1);
authorizing the Board of Physical Therapy to promulgate a
legislative rule relating to fees for physical therapists and
physical therapist assistants (16 CSR 4); authorizing the Board of
Physical Therapy to promulgate a legislative rule titled general
provisions for athletic trainers (16 CSR 5); authorizing the Board
of Physical Therapy to promulgate a legislative rule relating to
fees for athletic trainers (16 CSR 6); authorizing the Board of
Sanitarians to promulgate a legislative rule relating to an interim
fee schedule (20 CSR 3); authorizing the Board of Sanitarians to
promulgate a legislative rule relating to the practice of public
health sanitation (20 CSR 4); authorizing the Secretary of State to
promulgate a legislative rule relating to the combines voter
registration and driver licensing fund (153 CSR 25); authorizing
the Board of Barbers and Cosmetologists to promulgate a legislative
rule relating to procedures, criteria and curricula for
examinations and licensure of barbers, cosmetologists, manicurists
and aestheticians (3 CSR 1); authorizing the Board of Barbers and
Cosmetologists to promulgate a legislative rule relating to
qualifications, training, examination of instructors(3 CSR 2);
authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to operational standards for schools of
barbering and beauty culture (3 CSR 4); authorizing the Board of
Barbers and Cosmetologists to promulgate a legislative rule titled
schedule of fees (3 CSR 6); authorizing the Commissioner of
Agriculture to promulgate a legislative rule titled the West
Virginia Apiary Rule (61 CSR 2); authorizing the repeal of the
Commissioner of Agriculture's legislative rule relating to general
groundwater protection for fertilizes and manures (61 CSR 6C);
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the inspection of meat and poultry (61
CSR 16); authorizing the Board of Veterinary Medicine to promulgate
a legislative rule relating to the organization, operation and
licensing of veterinarians (26 CSR 1); authorizing the Board of
Veterinary Medicine to promulgate a legislative rule relating to
the registration of veterinary technicians (26 CSR 3); authorizing
the Board of Veterinary Medicine to promulgate a legislative rule
relating to the standards of practice (26 CSR 4); authorizing the
Board of Veterinary Medicine to promulgate a legislative rule
relating to certified animal euthanasia technicians (26 CSR 5);
authorizing the Board of Veterinary Medicine to promulgate a
legislative rule titled schedule of fees(26 CSR 6); authorizing the
Board of Optometry to promulgate a legislative rule titled rules of
the West Virginia Board of Optometry (14 CSR 1); authorizing the
Board of Optometry to promulgate a legislative rule relating to
oral pharmaceutical prescriptive authority(14 CSR 2); authorizing
the Board of Optometry to promulgate a legislative rule titled schedule of fees (14 CSR 5); authorizing the Board of Optometry to
promulgate a legislative rule relating to examination and scoring
policy (14 CSR 6); authorizing the Board of Optometry to promulgate
a legislative rule relating to licensure by endorsement (14 CSR 8);
authorizing the Board of Optometry to promulgate a legislative rule
relating to contact lenses that contain and deliver pharmaceutical
agents (14 CSR 9); authorizing the Board of Optometry to promulgate
a legislative rule relating continuing education (14 CSR 10);
authorizing the Board of Optometry to promulgate a legislative rule
relating to injectable pharmaceutical agents (14 CSR 11);
authorizing the Board of Osteopathy to promulgate a legislative
rule relating to osteopathic assistants (24 CSR 2); authorizing the
Board of Osteopathy to promulgate a legislative rule relating to
fees for services rendered by the Board (24 CSR 5); authorizing the
Treasurer's Office to promulgate a legislative rule relating to the
establishment of imprest funds (112 CSR 3); and authorizing the
State Election Commission to promulgate a legislative rule relating
to the West Virginia Supreme Court of Appeals Public Financing
Pilot Program (146 CSR 5).
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Helmick,
Klempa, Laird, McCabe, Miller, Minard, Palumbo, Snyder, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--22.
The nays were: Foster, Hall, Jenkins, Nohe, Plymale,
Prezioso, Stollings and Sypolt--8.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2639) passed with its title, as
amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Helmick, Klempa, Laird,
McCabe, Miller, Minard, Palumbo, Snyder, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--22.
The nays were: Foster, Hall, Jenkins, Nohe, Plymale,
Prezioso, Stollings and Sypolt--8.
Absent: Barnes, Fanning, Green and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate not
having voted in the affirmative, the Acting President declared
Senator Unger's motion had not prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Kessler (Acting President) then laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 2663.
I must veto the Bill for several reasons. First, its objects
are not adequately expressed in the title. The Bill would allow a
tax credit to public utilities for providing water utility services
to certain low-income residents; require the Department of Health
and Human Resources to establish procedural rules regarding the
special reduced rate; require the Public Service Commission to
establish rules and procedures to approve the special reduced rate;
and require the Tax Commissioner to establish rules to implement
the reduced rate program. As a result, the title requires amending
to reflect the respective amendments and additions to the Code.
Additionally, while not fatal, the Bill's title states that the
Public Service Commission must establish a toll-free telephone
number to receive certain comments. That requirement is not
reflected in the Bill as presented and is not necessary in the
title.
Also, the new §24-2A-5 appears to be missing a reference to
"TANF" in subdivision (1), subsection (c) of that section. I am
concerned that such an omission may jeopardize residents who might
otherwise qualify for the special reduced rate provided by the
Bill.
Additionally, I must object to this Bill because §11-24-11 is
duplicated in the enrolled bill with language that is incongruent.
This error appears to be have occurred in the conference committee
report filed on March 12, 2011. This occurrence renders the bill
ambiguous.
For these reasons, I must veto the Bill. If the Legislature
would reconsider its actions and resolve the duplicative and
conflicting sections, as well as amend the title to reflect other
changes made within the Bill, I would be happy to reevaluate my
decision to veto the Bill.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Jeffrey V. Kessler
The Honorable Natalie E. Tennant
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, to take
effect July 1, 2011, of a bill disapproved and returned by the
Governor with his objections, and requested the concurrence of the
Senate in the passage, of
Enr. Com. Sub. for House Bill No. 2663, Relating to public service commissioners presiding at hearings.
On motion of Senator Unger, the message was taken up for
immediate consideration.
Senator Unger then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. Com. Sub. For H. B. No. 2663),
heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 2663, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendments to the bill:
On page three, section one, line three, by striking out the
words "and natural gas" and inserting in lieu thereof the words "or
natural gas or water";
On page three, section one, line seven, by striking out the
word "and" and inserting in lieu thereof the word "or";
On page three, by striking out the article heading;
On pages three through five, by striking out all of section
eleven;
On pages five through seven, by striking out all of section
eleven and inserting in lieu thereof a new section eleven, to read
as follows:
§11-24-11. Credit for reducing electric or natural gas or water
utility rates for low-income residential customers.
(a) General. -- A credit shall be allowed against the primary
tax liability of an eligible taxpayer under this article for the
cost of providing electric or natural gas or water utility service,
or any combination of electric, natural gas or water utility
services, at special reduced rates to qualified low-income
residential customers which has not been reimbursed by any other
means.
(b) Definitions. -- For purposes of this section, the term:
(1) "Eligible taxpayer" means a utility which has provided
electric or natural gas or water utility service, or any
combination of electric, natural gas or water utility services, to
qualified low-income residential customers at special reduced
rates.
(2) "Cost of providing electric or natural gas or water
utility service, or any combination of electric, natural gas or
water utility services, at special reduced rates" means the amount
certified by the public service commission under the provisions of
section two, article two-a, chapter twenty-four of this Code, as
the revenue deficiency incurred by a public utility in providing
special reduced rates for electric or natural gas or water utility
service, or any combination of electric, natural gas or water
utility services, as required by section one or authorized by
section five, article two-a, chapter twenty-four of this code.
(3) "Special reduced rates" means the rates ordered or
approved by the public service commission under the authority of
sections one or five, article two-a, chapter twenty-four of this code.
(4) "Qualified low-income residential customers" means those
utility customers eligible to receive electric or natural gas or
water utility service, or any combination of electric, natural gas
or water utility services, under special reduced rates.
(c) Amount of credit. -- The amount of the credit available to
any eligible taxpayer shall be equal to its cost of providing
electric or natural gas or water utility service, or any
combination of electric, natural gas or water utility services, at
special reduced rates to qualified residential customers, less any
reimbursement of said cost which the taxpayer has received through
any other means.
(d) When credit may be taken. -- An eligible taxpayer may
claim a credit allowed under this section on its annual return for
the taxable year in which it receives certification of the amount
of its revenue deficiency from the public service commission.
Notwithstanding the provisions of section sixteen of this
article to the contrary, no credit may be claimed on any
declaration of estimated tax filed for such taxable year prior to
the first day of July of such taxable year. Such credit may be
claimed on a declaration or amended declaration filed on or after
that date but only if the amount certified will not be recovered by
application of the business and occupation tax credit allowed by
section three-f, article thirteen of this chapter. In such event,
only that amount not recovered by that credit may be considered or
taken as a credit when estimating the tax due under this article. In no event may the eligible taxpayer recover more than one hundred
percent of its revenue deficiency as certified by the public
service commission.
(e) Application of credit. -- The credit allowable by this
section for a taxable year is not subject to the fifty percent
limitation specified in section nine of this article.
Notwithstanding the provisions of section four, article thirteen-f
of this chapter, any unused credit may be carried over and applied
against business and occupation taxes in the manner specified in
section five, article thirteen-f of this chapter.
(f) Copy of certification order. -- A copy of a certification
order from the public service commission shall be attached to any
annual return under this article on which a credit allowed by this
section is taken.;
On page twelve, section two, line one, after the word
"mandated" by inserting the words "or authorized";
On page thirteen, section five, line twenty-six, after "SSI,"
by inserting "TANF,";
On page fourteen, section five, line thirty-six, after the
word "rules" and by inserting the word "and";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for House Bill No. 2663--A Bill to amend and
reenact §11-13-3f of the Code of West Virginia, 1931, as amended be
amended and reenacted; to amend and reenact §11-13F-1 of said code; to amend and reenact §11-24-11 of said code; to amend and reenact
§24-1-3, §24-1-4 and §24-1-6 of said code; to amend and reenact
§24-2A-2 of said code; to amend said code by adding thereto a new
section, designated §24-2A-5; and to amend and reenact §24-3-2 of
said code, all relating to the Public Service Commission; requiring
at least one commissioner to be present at a hearing conducted for
the sole purpose of receiving public comment or protest; requiring
the commission establish a website for reception of public
comments; allowing private water companies regulated by the Public
Service Commission to offer discounted water services to qualified
low-income customers; providing certain tax credits to private
water companies extending such discounts to qualified low-income
customers; adding cost of providing discounted water utility
services by private water companies to qualified low-income
residents to matters that the commission must certify; placing the
burden of proving eligibility to receive special reduced rates on
the customer requesting the reduced rates; providing for the
establishment of rules and procedures by the Public Service
Commission to implement a reduced rate program for private water
utilities and their qualified low-income residential customers;
requiring the Department of Health and Human Resources to establish
rules and procedures related to the special reduced water rate
program and verifying applicants' eligibility to receive such
discounts; providing for establishment of rules by the Tax
Commissioner as necessary to implement said reduced rate program
and its associated tax credits; and deleting obsolete language.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins,
Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and
Tomblin (Mr. President)--6.
So a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2663) passed with its title, as
amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Beach, Boley, Browning,
Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and
Tomblin (Mr. President)--6.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2663) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Kessler (Acting President) next laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 2955.
I must object to this Bill because its proposed title does not
reference a section of the West Virginia Code amended by the Bill.
Accordingly, I find the title of the Bill inconsistent with the
substance of the Bill, so as to render Enrolled Committee
Substitute for House Bill No. 2955 constitutionally defective.
Additionally, there appear to be some internal inconsistencies
regarding references to other Code sections within the Bill. For
these reasons, I must veto the legislation. However, I encourage
the Legislature to reconsider this matter and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Jeffrey V. Kessler
The Honorable Natalie E. Tennant
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, of a bill
disapproved and returned by the Governor with his objections, and
requested the concurrence of the Senate in the passage, of
Enr. Com. Sub. for House Bill No. 2955, Authorizing the
Division of Mining and Reclamation to assess certain fees to coal
mine operators.
On motion of Senator Unger, the message was taken up for
immediate consideration.
Senator Unger then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. Com. Sub. For H. B. No. 2955),
heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 2955, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendments to the bill:
On page six, section four, line five, after the word "subsection", by striking out "(f)" and inserting in lieu thereof
"(g)";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for House Bill No. 2955--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4,
§11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-
13BB-10, §11-13BB-11, §11-13BB-12, §11-13BB-13 and §11-13BB-14; to
amend and reenact §22-3-7, §22-3-8 and §22-3-19 of said code; to
amend and reenact §22A-1-4 of said code; and to amend and reenact
§22A-11-3 of said code, all relating to environmental resources;
providing a tax credit for purchase of innovative mine safety
technology; providing legislative findings and purpose; providing
definitions; requiring list of approved innovative mine safety
technology; authorizing tax credits; providing criteria for
qualified investment; providing for forfeiture of unused tax
credits; providing for transfer of certified eligible safety
property to successors; setting forth requirements for
identification of investment credit property; prescribing treatment
for failure to keep records of certified eligible safety property;
specifying tax credit review and accountability requirements;
specifying requirement for disclosure of tax credits; authorizing
rules; providing for termination of tax credit; providing for
increased and new fees on coal mining operators by the Division of Mining and Reclamation; providing for and requiring certain permits
and applications relating to coal mining; amending the duties of
the Director of the West Virginia Office of Miners' Health, Safety
and Training; and amending the duties of the Mine Safety Technology
Task Force.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins,
Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and
Tomblin (Mr. President)--6.
So a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 2955) passed with its title, as
amended, as a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 18, 2011
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 3196.
I must object to this Bill because it contains a reference to
a chapter of code that does not exist when outlining violations
that may prompt the West Virginia Board of Examiners for Registered
Professional Nurses (the "Board") to deny, suspend, revoke or limit
a medical assistive person certificate or otherwise discipline a
certificate holder. Specifically, §30-7D-8, within the new article
created by the Bill, allows the Board to deny, suspend, revoke or
limit any medical assistive person certificate or to otherwise
discipline a certificate holder upon proof that the person "(2) Has
been found guilty of or pled guilty or nolo contendere to a . . .
violation of chapter sixty-one-a of this code[.]" Chapter sixty-
one-a does not exist. Further, it is unclear from the bill history
whether the reference should have been to chapter sixty-a or
chapter sixty-one.
Unfortunately, because the Bill contains an incorrect
reference pertaining to violations that may subject a person to certificate denial, suspension, revocation or limitation, or to
other disciplinary actions, I must veto Enrolled Committee
Substitute for House Bill No. 3196.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Jeffrey V. Kessler
The Honorable Natalie E. Tennant
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, to take
effect from passage, of a bill disapproved and returned by the
Governor with his objections, and requested the concurrence of the
Senate in the passage, of
Enr. Com. Sub. for House Bill No. 3196, Establishing a program
and procedure for certifying medications assistive persons in the
health industry.
On motion of Senator Unger, the message was taken up for
immediate consideration.
Senator Unger then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 3196),
heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 3196, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendment to the bill:
On page nine, section eight, line twelve, by striking out the
word "sixty-one-a" and inserting in lieu thereof the word "sixty-
a".
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Beach, Boley,
Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins,
Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and
Tomblin (Mr. President)--6.
So a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 3196) passed with its title, as
amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning,
Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and
Tomblin (Mr. President)--6.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Enr. Com. Sub. for H. B. No. 3196) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 2012, Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
Whereupon, Senator Prezioso, from the committee of conference
on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2012, 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. 2012 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, Mary M. Poling,
K. Steven Kominar, Don Perdue, William Anderson, Allen V. Evans,
Conferees on the part of the House of Delegates.
Roman W. Prezioso, Jr.,
Chair, Douglas E. Facemire, Robert H.
Plymale, Brooks F. McCabe, Jr., John R. Unger II, Ron Stollings,
Mike Hall,
Conferees on the part of the Senate.
Senator Prezioso, Senate cochair of the committee of
conference, was recognized to explain the report.
Thereafter, on motion of Senator Prezioso, the report was
taken up for immediate consideration and adopted.
The Clerk announced that the following notice of pairs on the
passage of the bill was on his desk:
Senator K. Facemyer-Yea.Senator Barnes-Nay.
Engrossed Committee Substitute for House Bill No. 2012, as
amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Beach,
Boley, Browning, Edgell, D. Facemire, Foster, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Sypolt--1.
Absent: Chafin, Fanning, Green and Tomblin (Mr. President)--
4.
Paired: K. Facemyer (For), Barnes (Against)--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2012) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning,
Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--27.
The nays were: Sypolt--1.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and
Tomblin (Mr. President)--6.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2012) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Enr. Com. Sub. for Senate Bill No. 121, Authorizing DEP
promulgate legislative rules.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from
passage, of
Enr. Com. Sub. for Senate Bill No. 219, Relating to
maintaining solvency of Unemployment Compensation Fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Enr. Com. Sub. for Senate Bill No. 238, Redesignating Division
of Veterans' Affairs as Department of Veterans' Assistance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Enr. Com. Sub. for Senate Bill No. 263, Relating to special
plates for testing of vehicles operated by certain nonprofit
corporations.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Enr. Com. Sub. for Senate Bill No. 295, Authorizing DHHR
promulgate legislative rules.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Enr. Senate Bill No. 428, Increasing fees charged by clerk of
circuit court for medical professional liability actions.
The Senate proceeded to the sixth order of business.
At the request of Senator Unger, unanimous consent being
granted, Senator Unger offered the following resolution from the floor:
Senate Resolution No. 56--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn
sine die.
Resolved by the Senate:
That the Acting 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 Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Kessler (Acting President), under the provisions of
the foregoing resolution, appointed the following committee to
notify the House of Delegates of impending Senate adjournment:
Senators Beach, Wills and Nohe.
At the request of Senator Unger, and by unanimous consent,
Senator Unger offered the following resolution from the floor:
Senate Resolution No. 57--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the Acting 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 Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator
Kessler (Acting President) appointed the following committee to
notify His Excellency, the Governor, that the Senate is ready to
adjourn:
Senators Stollings, Snyder and Sypolt.
Thereafter, the Acting President recognized the presence of a
three-member delegation from the House of Delegates, namely:
Delegates Manypenny, Jones and Householder, who announced that
that body had completed its labors and was ready to adjourn
sine
die.
The Acting President then acknowledged another delegation from
the House of Delegates, consisting of
Delegates D. Campbell, Ferns and Storch, 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 Stollings, Snyder and Sypolt, 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.
The Senate proceeded to the fourth order of business.
Senator Kessler (Acting 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,
Jeffrey V. Kessler,
Chair ex officio.
On motion of Senator Miller, 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 Miller, 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 21st day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2368), Relating to the practice of
beauty care.
(Com. Sub. for H. B. No. 2437), Requiring study relating to
mandating the utilization of devices that case underground mining
machines to shut-off when methane is detected.
(Com. Sub. for H. B. No. 2505), Adding synthetic cannabinoids
and hallucinogens and stimulants to the Schedule I list of
controlled substances (K2).
(Com. Sub. for H. B. No. 2520), Relating to centers for
housing young adult offenders.
(Com. Sub. for H. B. No. 2532), Zipline Responsibility Act.
(Com. Sub. for H. B. No. 2539), Authorizing the West Virginia
State Police to enter into agreements for certain forensic services
with the Marshall University Forensic Science Center.
And,
(H. B. No. 2551), Relating generally to estates and trusts and
their administration.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Miller, 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 22nd day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Com. Sub. for S. B. No. 186), Relating to issuing subpoena to
aid in criminal investigations involving certain crimes against
minors.
(Com. Sub. for S. B. No. 213), Relating to crimes using
computers, telephones and electronic devices.
(Com. Sub. for S. B. No. 228), Creating Local Solution Dropout
Prevention and Recovery Act.
(Com. Sub. for S. B. No. 247), Exempting certain construction
contractor purchases from consumers sales, service and use tax.
(Com. Sub. for S. B. No. 439), Clarifying that filing of
manufactured housing complaint with state regulatory board is
prerequisite for lawsuit.
(Com. Sub. for S. B. No. 484), Relating to management
agreements of Higher Education Policy Commission.
(Com. Sub. for S. B. No. 495), Relating generally to use of
electronic voting systems.
(S. B. No. 581), Changing beginning date for early voting;
allowing Saturday early voting.
(Com. Sub. for S. B. No. 592), Requiring schools have crisis
response plans.
(S. B. No. 617), Making supplementary appropriation of federal
funds to Department of Education and Arts and DHHR.
(S. B. No. 618), Making appropriation from State Road Fund to
DOT.
(S. B. No. 619), Making supplementary appropriation of
unappropriated moneys to various accounts.
(S. B. No. 620), Making supplementary appropriation to various
executive accounts.
(Com. Sub. for H. B. No. 2012), Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
And,
(Com. Sub. for H. B.
No. 2879)
,
Providing a one-time, nonbase
building, supplemental salary increase for all eligible state
employees.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Miller, 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 23rd day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Com. Sub. for S. B. No. 93), Relating to escape from custody of Director of Juvenile Services.
(Com. Sub. for S. B. No. 96), Relating generally to certain
county officials.
(Com. Sub. for S. B. No. 112), Authorizing Department of
Administration promulgate legislative rules.
(Com. Sub. for S. B. No. 193), Relating to law-enforcement
certification generally.
(Com. Sub. for S. B. No. 216), Modifying definition "imminent
danger to physical well-being of a child".
(S. B. No. 222), Relating to Municipal Police Officers and
Firefighters Retirement System.
(Com. Sub. for Com. Sub. for S. B. No. 245), Relating to
protection of Chesapeake Bay Watershed.
(S. B. No. 328), Relating to issuance, disqualification,
suspension and revocation of driver's licenses.
(Com. Sub. for S. B. No. 356), Making captive insurance
company organized as risk retention group subject to certain
insurance code provisions.
(Com. Sub. for S. B. No. 357), Relating to reporting beaver
and river otter taken, tagged and checked.
(S. B. No. 371), Updating list of jurisdictions identified as
tax havens.
(Com. Sub. for Com. Sub. for S. B. No. 408), Creating WV
Health Benefit Exchange Act.
(Com. Sub. for S. B. No. 460), Relating to clarifying
supervision of Division of Forestry natural resources police officers.
(Com. Sub. for S. B. No. 461), Providing criminal penalty for
violating restraining order entered upon conviction for stalking or
harassment.
(Com. Sub. for Com. Sub. for S. B. No. 492), Relating to
maximizing federal funding for state Medicaid program.
(Com. Sub. for Com. Sub. for S. B. No. 532), Relating to fraud
and abuse in Medicaid program.
(Com. Sub. for S. B. No. 544), Relating to municipal
policemen's and firemen's pension and relief funds.
(Com. Sub. for S. B. No. 550), Relating generally to gaming at
licensed racetracks and historic resort hotels.
(Com. Sub. for Com. Sub. for S. B. No. 560), Relating to
confidentiality of Health Care Authority's rate-setting model.
(S. B. No. 563), Authorizing municipalities to create deferred
retirement option plans for certain employees.
(Com. Sub. for S. B. No. 570), Creating Volunteer for
Nonprofit Youth Organizations Act.
And,
(S. B. No. 612), Exempting certain schools and school
districts from certain statutory provisions.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Miller, 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 24th day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(S. B. No. 35), Increasing nonfamily adoption tax credit.
(S. B. No. 239), Extending period higher education institutes
have to deposit moneys into research endowments.
(Com. Sub. for S. B. No. 241), Relating to Division of Tourism
and Tourism Commission.
(S. B. No. 285), Extending time frame practitioners must write
prescriptions on official tamper-resistant paper.
(Com. Sub. for Com. Sub. for S. B. No. 335), Authorizing
certain municipalities regulate taxis and taxi stands by ordinance.
(S. B. No. 366), Relating to Underground Storage Tank
Administrative Fund.
(S. B. No. 375), Authorizing Higher Education Policy
Commission collect and disseminate information concerning higher
education institutions.
(S. B. No. 376), Permitting unit owners' associations
institute legal action to collect dues.
(Com. Sub. for S. B. No. 391), Relating to community voting
locations generally.
(S. B. No. 436), Continuing personal income tax adjustment to gross income of certain retirees.
(Com. Sub. for S. B. No. 472), Relating to portable
electronics insurance.
And,
(Com. Sub. for Com. Sub. for S. B. No. 488), Revising HIV
testing statute to conform with most recent recommendations from
CDC.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Miller, 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 28th day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Second Enrollment Com. Sub. for S. B. No. 121), Authorizing
DEP promulgate legislative rules.
(S. B. No. 192), Protecting consumers from price gouging and
unfair pricing practices.
(Second Enrollment Com. Sub. for S. B. No. 219), Relating to
maintaining solvency of Unemployment Compensation Fund.
(Second Enrollment Com. Sub. for S. B. No. 238), Redesignating Division of Veterans' Affairs as Department of Veterans'
Assistance.
(Second Enrollment Com. Sub. for S. B. No. 263), Relating to
special plates for testing of vehicles operated by certain
nonprofit corporations.
(Second Enrollment Com. Sub. for S. B. No. 295), Authorizing
DHHR promulgate legislative rules.
(Second Enrollment S. B. No. 428), Increasing fees charged by
clerk of circuit court for medical professional liability actions.
(Second Enrollment Com. Sub. for S. B. No. 458), Updating
Logging Sediment Control Act.
(Second Enrollment Com. Sub. for H. B. No. 2464), Adding
additional requirements to the Ethics Act.
(Com. Sub. for H. B. No. 2752), Increasing the maximum age for
persons applying for appointment for the police force in a Class I
or Class II city from thirty-five to forty years.
(Com. Sub. for H. B. No. 2888), Strengthening of protections
for whistleblowers of unsafe working conditions in mines.
(H. B. No. 2918), Relating to permanent business
registrations.
(Com. Sub. for H. B. No. 2953), Relating to dedication of
coalbed methane severance tax proceeds.
(Com. Sub. for H. B. No. 2958), Allowing the West Virginia
Racing Commission to use certain permit and registration fees to
pay salaries and other budgeted expenses.
(Com. Sub. for H. B. No. 2959), Providing additional funds to the West Virginia Racing Commission.
(Com. Sub. for H. B. No. 2969), Requiring the disclosure of
the number of stamps by brand name that have been purchased from a
nonparticipating tobacco product manufacturer.
(Com. Sub. for H. B. No. 2981), Clarifying payment for trade
certifications and allowing use of tuition assistance for West
Virginia National Guard members enrolled in a doctor of medicine or
osteopathic medicine program.
(H. B. No. 2993), Relating to the West Virginia Commercial
Patents Incentives Tax Act.
(H. B. No. 3000), Making it lawful to hunt coyotes with a
green colored light.
(Com. Sub. for H. B. No. 3004), Relating to the Greater
Huntington Park and Recreation District.
(Com. Sub. for H. B. No. 3021), Adding two new members to the
Comprehensive Behavioral Health Commission.
(Com. Sub. for H. B. No. 3028), Expanding the responsibilities
of the Maternal Mortality Review Team.
(Com. Sub. for H. B. No. 3054), Relating to DNA data
collection.
(H. B. No. 3100), Permitting the sale of liquor on election
day.
(H. B. No. 3119), Increasing the expenditure limit on public
service district construction and purchase contracts.
And,
(H. B. No. 3137), Providing for additional circumstances giving rise to "state 'on' indicators" for purposes of extended
unemployment compensation.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Miller, 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 29th day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Com. Sub. for S. B. No. 177), Authorizing Department of
Revenue promulgate legislative rules.
(Com. Sub. for S. B. No. 243), Relating to Neighborhood
Investment Program Act.
(Com. Sub. for S. B. No. 253), Amending insurance code with
respect to holding companies.
(Com. Sub. for S. B. No. 330), Relating to higher education
personnel generally.
(Com. Sub. for S. B. No. 373), Requiring School Building
Authority allocate and expend certain moneys for vocational
programs at comprehensive middle schools.
(S. B. No. 435), Amending insurance code with respect to surplus lines insurance.
(Com. Sub. for Com. Sub. for S. B. No. 465), Creating
Marcellus Gas and Manufacturing Development Act.
(Com. Sub. for S. B. No. 474), Relating to manufacturer's
liability for prescription drug warning or instruction.
And,
(S. B. No. 546), Relating to municipal police and firefighter
pensions.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Miller, 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 31st day of March, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Com. Sub. for H. B. No. 2159), Relating to prohibiting
members of the news media from being compelled to give testimony.
(Com. Sub. for H. B. No. 2362), Increasing penalties for
financial exploitation of an elderly person or incapacitated adult.
(Second Enrollment Com. Sub. for H. B. No. 2525), Relating to
the practice of social work.
(Second Enrollment Com. Sub. for H. B. No. 2542), Clarifying
requirements and procedures for access to cemeteries and grave
sites located on private land.
(Com. Sub. for H. B. No. 2562), Relating to the State Athletic
Commission.
(Second Enrollment Com. Sub. for H. B. No. 2639), Authorizing
miscellaneous boards and agencies to promulgate legislative rules.
(Second Enrollment Com. Sub. for H. B. No. 2663), Relating to
public service commissioners presiding at hearings.
(Com. Sub. for H. B. No. 2693), Requiring insurance coverage
for autism spectrum disorders.
(H. B. No. 2695), Relating to the educational broadcasting
authority
.
(Com. Sub. for H. B. No. 2745), Providing that certain
information provided by insurance companies to the Insurance
Commissioner is confidential.
(H. B. No. 2845), Creating a senior resident lifetime hunting,
fishing and trapping license that will cost $25
.
(H. B. No. 2871), Relating to brownfield economic development
districts.
(Com. Sub. for H. B. No. 2876), Expanding eligibility for
subsidies to enrollees in the model health plan.
(Second Enrollment Com. Sub. for H. B. No. 2955), Authorizing
the Division of Mining and Reclamation to assess certain fees to
coal mine operators.
(Com. Sub. for H. B. No. 2986), Relating to forest fire seasons.
(Com. Sub. for H. B. No. 3105), Providing immunity from civil
or criminal liability for first responders who use forced entry to
a residence.
(H. B. No. 3116), Relating to the authority of school
curriculum teams and local school collaborative processes.
(Com. Sub. for H. B. No. 3126), Requiring a railroad company
to provide pesticide safety information.
(H. B. No. 3134), Relating to child support enforcement.
(Com. Sub. for H. B. No. 3143), Relating to penalties for
causing injury or death to certain animals used by law enforcement.
(Com. Sub. for H. B. No. 3144), Creating a criminal offense
and adding misdemeanor criminal penalties for picketing or
disrupting funerals.
(Com. Sub. for H. B. No. 3163), Relating to workers'
compensation programs of state government entities.
(Com. Sub. for H. B. No. 3185), Allowing county commissions to
waive or reduce impact fees and capital improvement fees of
affordable housing units in their county.
(Second Enrollment Com. Sub. for H. B. No. 3196), Establishing
a program and procedure for certifying medications assistive
persons in the health industry.
(Com. Sub. for H. B. No. 3202), Relating to residential rental
security deposits.
(Com. Sub. for H. B. No. 3204), Creating the West Virginia
Enterprise Resource Planning Board and Executive Committee.
(Com. Sub. for H. B. No. 3225), Expanding the definition of
harassment, intimidation or bullying
.
And,
(H. B. No. 3271), Relating to the distribution of state funds
to volunteer fire companies and departments.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Miller, 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 4th day of April, 2011, presented to His
Excellency, the Governor, for his action, the following bill,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(Com. Sub. for H. B. No. 2451), Relating to victim impact
statements.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
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 March 18, 2011, he had approved
Enr.
Committee Substitute for Senate Bill No. 60, Enr. Committee
Substitute for Senate Bill No. 61, Enr. Committee Substitute for
Senate Bill No. 234, Enr. Committee Substitute for Senate Bill No.
235, Enr. Committee Substitute for Senate Bill No. 256, Enr. Senate
Bill No. 349, Enr. Senate Bill No. 358, Enr. Senate Bill No. 392,
Enr. Senate Bill No. 413, Enr. Senate Bill No. 514, Enr. Committee
Substitute for Senate Bill No. 582, Enr. Committee Substitute for
House Bill No. 2522, Enr. Committee Substitute for House Bill No.
2586, Enr. Committee Substitute for House Bill No. 2626, Enr. House
Bill No. 2648, Enr. House Bill No. 2697, Enr. Committee Substitute
for House Bill No. 2750, Enr. House Bill No. 2765, Enr. House Bill
No. 2935, Enr. House Bill No. 2989, Enr. House Bill No. 2990, Enr.
Committee Substitute for House Bill No. 3064 and
Enr. Committee
Substitute for House Bill No. 3205; on March 21, 2011, he had
approved
Enr. Committee Substitute for Senate Bill No. 282, Enr.
Senate Bill No. 486, Enr. Senate Bill No. 538, Enr. Committee
Substitute for House Bill No. 2939, Enr. House Bill No. 2971 and
Enr. House Bill No. 3114; on March 23, 2011, he had approved
Enr.
Senate Bill No. 617, Enr. Senate Bill No. 618, Enr. Senate Bill No.
619, Enr. Senate Bill No. 620 and
Enr. Committee Substitute for
House Bill No. 2550;
on March 24, 2011, he had approved
Enr. Committee Substitute for Senate Bill No. 247, Enr. Committee
Substitute for House Bill No. 2013, Enr. Committee Substitute for
House Bill No. 2075, Enr. Committee Substitute for House Bill No.
2248, Enr. Committee Substitute for House Bill No. 2479, Enr.
Committee Substitute for House Bill No. 2498, Enr. Committee
Substitute for House Bill No. 2517, Enr. House Bill No. 2763, Enr.
Committee Substitute for House Bill No. 2818, Enr. Committee
Substitute for House Bill No. 2860, Enr. Committee Substitute for
House Bill No. 2863, Enr. Committee Substitute for House Bill No.
2864, Enr. Committee Substitute for House Bill No. 2879, Enr.
Committee Substitute for House Bill No. 2885, Enr. Committee
Substitute for House Bill No. 2936, Enr. Committee Substitute for
House Bill No. 2949, Enr. House Bill No. 3075, Enr. Committee
Substitute for House Bill No. 3094 and
Enr. Committee Substitute
for House Bill No. 3145; on March 29, 2011, he had approved
Second
Enrollment
Enr. Committee Substitute for Senate Bill No. 238; on
March 30, 2011, he had approved Enr. Committee Substitute for
Senate Bill No. 93, Enr. Committee Substitute for Senate Bill No.
96, Enr. Committee Substitute for Senate Bill No. 112,
Second
Enrollment
Enr. Committee Substitute for Senate Bill No. 121, Enr.
Committee Substitute for Senate Bill No. 241, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 245, Enr.
Committee Substitute for Senate Bill No. 356, Enr. Senate Bill No.
366, Enr. Senate Bill No. 436, Enr. Committee Substitute for Senate
Bill No. 461, Enr. Senate Bill No. 612, Enr. Committee Substitute
for House Bill No. 2437, Enr. Committee Substitute for House Bill No. 2539, Enr. Committee Substitute for House Bill No. 2752, Enr.
Committee Substitute for House Bill No. 2888, Enr. House Bill No.
2918, Enr. Committee Substitute for House Bill No. 2958, Enr.
Committee Substitute for House Bill No. 2959, Enr. Committee
Substitute for House Bill No. 2969, Enr. House Bill No. 2993, Enr.
House Bill No. 3000, Enr. Committee Substitute for House Bill No.
3021, Enr. House Bill No. 3100 and Enr. House Bill No. 3137; on
March 31, 2011, he had approved Enr. Senate Bill No. 35, Enr.
Committee Substitute for Senate Bill No. 186, Enr. Committee
Substitute for Senate Bill No. 193, Enr. Senate Bill No. 222, Enr.
Senate Bill No. 285,
Second Enrollment
Enr. Committee Substitute
for Senate Bill No. 295, Enr. Senate Bill No. 328, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 335, Enr.
Committee Substitute for Senate Bill No. 357, Enr. Senate Bill No.
371,
Second Enrollment
Enr. Senate Bill No. 376, Enr. Senate Bill
No. 428, Enr. Committee Substitute for Senate Bill No. 439,
Second
Enrollment
Enr. Committee Substitute for Senate Bill No. 458, Enr.
Committee Substitute for Senate Bill No. 495, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 560, Enr.
Committee Substitute for Senate Bill No. 570, Enr. Committee
Substitute for House Bill No. 2368,
Second Enrollment
Enr.
Committee Substitute for House Bill No. 2542 and Enr. Committee
Substitute for House Bill No. 2562; on April 1, 2011, he had
approved Enr. Committee Substitute for Senate Bill No. 216, Enr.
Committee Substitute for Senate Bill No. 228, Enr. Senate Bill No.
239, Enr. Committee Substitute for Senate Bill No. 243, Enr. Committee Substitute for Senate Bill No. 373, Enr. Senate Bill No.
375, Enr. Committee Substitute for Senate Bill No. 484, Enr.
Committee Substitute for Senate Bill No. 550, Enr. Senate Bill No.
563, Enr. Committee Substitute for Senate Bill No. 592, Enr.
Committee Substitute for House Bill No. 2532, Enr. Committee
Substitute for House Bill No. 2693, Enr. Committee Substitute for
House Bill No. 2876, Enr. Committee Substitute for House Bill No.
2981, Enr. House Bill No. 3116, Enr. House Bill No. 3134, Enr.
Committee Substitute for House Bill No. 3144, Enr. Committee
Substitute for House Bill No. 3202 and Enr. Committee Substitute
for House Bill No. 3225; on April 4, 2011, he had approved Enr.
Committee Substitute for Senate Bill No. 177, Enr. Senate Bill No.
192,
Second Enrollment
Enr. Committee Substitute for Senate Bill
No. 263, Enr. Committee Substitute for Senate Bill No. 391, Enr.
Committee Substitute for Senate Bill No. 460, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 465, Enr.
Committee Substitute for Senate Bill No. 474, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 532, Enr.
Senate Bill No. 581, Enr. Committee Substitute for House Bill No.
2159, Enr. Committee Substitute for House Bill No. 2362, Enr.
Committee Substitute for House Bill No. 2451,
Second Enrollment
Enr. Committee Substitute for House Bill No. 2464, Enr. House Bill
No. 2551,
Second Enrollment
Enr. Committee Substitute for House
Bill No. 2639, Enr. House Bill No. 2695, Enr. Committee Substitute
for House Bill No. 2745, Enr. House Bill No. 2845, Enr. House Bill
No. 2871 and Enr. House Bill No. 3271; on April 5, 2011, he had approved Enr. Committee Substitute for Senate Bill No. 213,
Second
Enrollment
Enr. Committee Substitute for Senate Bill No. 219, Enr.
Committee Substitute for Committee Substitute for Senate Bill No.
253, Enr. Senate Bill No. 330, Enr. Committee Substitute for
Committee Substitute for Senate Bill No. 408, Enr. Senate Bill No.
435, Enr. Committee Substitute for Senate Bill No. 472, Enr.
Committee Substitute for Committee Substitute for Senate Bill No.
488, Enr. Committee Substitute for Committee Substitute for Senate
Bill No. 492, Enr. Committee Substitute for Senate Bill No. 544,
Enr. Senate Bill No. 546, Enr. Committee Substitute for House Bill
No. 2505, Enr. Committee Substitute for House Bill No. 2520,
Second
Enrollment
Enr. Committee Substitute for House Bill No. 2525,
Second Enrollment
Enr. Committee Substitute for House Bill No.
2663, Enr. Committee Substitute for House Bill No. 2953,
Second
Enrollment
Enr. Committee Substitute for House Bill No. 2955, Enr.
Committee Substitute for House Bill No. 2986, Enr. Committee
Substitute for House Bill No. 3004, Enr. Committee Substitute for
House Bill No. 3028, Enr. Committee Substitute for House Bill No.
3054, Enr. Committee Substitute for House Bill No. 3105, Enr. House
Bill No. 3119, Enr. Committee Substitute for House Bill No. 3126,
Enr. Committee Substitute for House Bill No. 3143, Enr. Committee
Substitute for House Bill No. 3163, Enr. Committee Substitute for
House Bill No. 3185,
Second Enrollment
Enr. Committee Substitute
for House Bill No. 3196 and Enr. Committee Substitute for House
Bill No. 3204.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 23, 2011
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. 2012, passed March 18, 2011, approved
with the following objections:
My first objection to the Bill is contained in Item 10, page
17, line 14, which states:
"Bee Research69186,894"
While the above funding may be of benefit, I am hesitant to
add funding for programs when the future challenges in West
Virginia's budget make it imperative that a cautious and prudent
approach be taken to avoid building the State's base budget.
Therefore I am reducing the appropriation by the amount of $10,000
to $76,894.
My second objection to the Bill is contained in Item 11, page
19, line 6, which states:
"Marlinton Flood Wall (R)7571,500,000"
The Soil Conservation Agency reports that the Army Corps of
Engineers is reevaluating the budget and timeline for the Marlinton Floodwall Project. Until that data becomes available, I believe it
is fiscally prudent to reduce the appropriation by the amount of
$750,000 to $750,000.
My third objection to the Bill is contained in Item 36, page
30, line 7, which states:
"Unclassified0994,061,758"
The above appropriation has been increased by $2,250,000, of
which $750,000 was appropriated for TechConnect. While efforts to
spur technology development and commercialization across West
Virginia are a worthy goal, I am hesitant to add such a large
amount of funding for a new program. Therefore, I am reducing the
appropriation by the amount of $500,000 to $3,561,758.
My fourth objection to the Bill is contained in Item 36, page
31, line 23, which states:
"Chemical Alliance Zone390100,000"
While this program may be determined to be of benefit, I am
hesitant to add additional funding for a program at a time when the
future challenges in West Virginia's budget make it imperative that
a cautious and prudent approach be taken to avoid building the
State's base budget. Therefore, I am reducing the appropriation by
the amount of $54,400 to $45,600 to maintain the FY 2011 funding
level.
My fifth objection to the Bill is contained in Item 36, page
31, lines 37 and 38, which states:
"Local Economic Development
Assistance (R)8197,677,000"
The above appropriation has several years of reappropriated
funding (unspent funds) available that I believe to be adequate to
fulfill the needs of the program. Therefore, I am reducing the
appropriation by the amount of $3,777,000 to $3,900,000.
My sixth objection to the Bill is contained in Item 36, page
31, line 39, which states:
"I-79 Development Council82465,050"
The appropriation has been increased by 174% over the FY 2011
level of funding. A cautious and prudent approach must be taken to
avoid building the State's base budget. Therefore, I am reducing
the appropriation by the amount of $15,000 to $50,050, which should
provide an adequate level of funding for FY 2012.
My seventh objection to the Bill is contained in Item 36, page
32, lines 75 through 78, which states:
"From the above appropriation for Unclassified (fund 0256,
activity 099) $750,000 is for TechConnect; $250,000 is for Tamarack
Foundation; $1,250,000 is to be transferred to Development Office
Promotion Fund (Fund 3171)."
Having reduced the appropriation for Unclassified in objection
three above, I am therefore reducing the amount in the language on
page 32 in line 76 for TechConnect from $750,000 to $250,000.
My eighth objection to the Bill is contained in Item 38, page
33, lines 1, 2 and 4, which states:
"Personal Services001$200,000
Employee Benefits010100,000
BRIM Premium9131,500"
The above appropriations provide funding to expand the
Department of Commerce, Division of Labor by adding a new program.
I applaud the Legislature for focusing on the safety and health of
public employees in the workplace. However, 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 over funding new programs. In order to
adequately prepare for the implementation of a new program in state
government, I am reducing the appropriation for Personal Services
in the amount of $200,000, Employee Benefits in the amount of
$100,000, and BRIM Premium in the amount of $1,500 leaving $98,500
of new monies for program start-up funds in the Unclassified.
My ninth objection to the Bill is contained in Item 48, page
38, line 45, which states:
"Educational Program Allowance996350,000"
Being aware of the uncertainty of the national economy and of
the budget deficits currently facing many other states, it is
imperative that a cautious and prudent approach be taken to avoid
building the State's base budget. Therefore, I am reducing the
appropriation by the amount of $100,000 to $250,000.
My tenth objection to the Bill is contained in Item 48, page
39, lines 63 through 68, which states:
"From the above appropriation for Educational Program
Allowance (activity 996), $100,000 shall be expended for Webster
County Board of Education for Hacker Valley; $150,000 for the
Randolph County Board of Education for Pickens School and $100,000 for the Preston County Board of Education for Aurora School."
Having reduced the appropriation for Educational Program
Allowance in objection nine above, I am deleting the corresponding
language in its entirety contained on page 39, lines 67 and 68
starting with, "and $100,000 for the Preston County Board of
Education for Aurora School".
My eleventh objection to the Bill is contained in Item 48,
page 40, lines 79 through 81, which states:
"The above appropriation for Math and Science Teacher Loan
Assistance Program shall be transferred to the Math and Science
Teacher Loan Assistance Fund."
The above language references an appropriation that is not
under Item 48. Therefore, I am deleting this language in its
entirety, lines 79 through 81, for technical reasons.
My twelfth objection to the Bill is contained in Item 50, page
41, line 9, which states:
"Improved Instructional Programs15644,369,840"
The above line-item contains funding that the School Aid
Formula does not need to fulfill statutory requirements.
Therefore, I am reducing the appropriation by the amount of
$5,841,043 to $38,528,797.
My thirteenth objection to the Bill is contained in Item 50,
page 41, lines 22 through 25, which states:
"Included in the above appropriation for Administration (fund
0317, activity 155) is an additional $500,000 to be used to improve
the current school nurse-to-student ratio in a manner to be determined by the State Board of Education."
The above language references an appropriation for
Administration, activity 155, which is funded at $0. Therefore, I
am deleting this language in its entirety, lines 22 through 25, for
technical reasons.
My fourteenth objection to the Bill is contained in Item 54,
page 43, line 4, which states:
"National Youth Science Camp132350,000"
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 dedicating
additional funding for existing programs. Therefore, I am reducing
the appropriation by the amount of $60,000 to $290,000, which is
still a $100,000 increase over the FY 2011 funding level.
My fifteenth objection to the Bill is contained in Item 63,
page 50, line 20, which states:
"Center for End of Life545500,000"
The above appropriation was increased by 100% above the FY
2011 level. 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 be taken to avoid
building the State's base budget. Therefore, I am reducing the
appropriation by the amount of $250,000 to $250,000 to maintain the
FY 2011 level of funding.
My sixteenth objection to the Bill is contained in Item 63,
page 52, lines 70 through 72, which states:
"From the above appropriation for Unclassified (fund 0407,
activity 099) $30,000 is for the Center for Rural Health
Development."
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 dedicating
funding for new programs. Therefore, I am deleting the language in
its entirety, page 52, lines 70 through 72.
My seventeenth objection to the Bill is contained in Item 64,
page 53, line 6 and line 7, which states:
"Behavioral Health Program -
Unclassified (R)21962,937,972"
At the request of the
Hartley court monitor, West Virginia is
finishing work on a Statewide Substance Abuse System Strategic
Plan, which is due to the court monitor on October 1, 2011. The
plan, which has been more than a year in its formation, is being
developed with technical assistance from the federal Substance
Abuse Mental Health Services Administration. It is being
formulated with input from more than 350 stakeholders including
providers, consumers, and advocates. While I do not deny the need
for more funding for substance abuse, it would be a better use of
limited State dollars to wait until completion of the State's
strategic plan and its approval by the federal government and the
court system. Therefore, I am reducing the appropriation by the
amount of $500,000 to $62,437,972.
My eighteenth objection to the Bill is contained in Item 64, page 54, lines 29 through 33, which states:
"Included in the above appropriation for Behavioral Health
Program - Unclassified (fund 0525, activity 219) is $100,000 for
the Four Angels Substance Abuse Treatment Project development and
$500,000 for West Virginia Partnership To Promote Community Well-
Being."
Having reduced the appropriation for Behavioral Health Program
- Unclassified in objection seventeen above, I am, therefore,
deleting the language on page 54, lines 32 and 33, "and $500,000
for West Virginia Partnership To Promote Community Well-Being."
My nineteenth objection to the Bill is contained in Item 67,
page 56, line 4, which states:
"Unclassified09915,552,857"
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 be taken to avoid building the
State's base budget. Therefore, I am reducing the appropriation by
the amount of $100,000 to $15,452,857.
My twentieth objection to the Bill is contained in Item 67,
page 58, lines 89 through 93, which states:
"From the above appropriation for Unclassified (fund 0403,
activity 099) $200,000 is provided for a one-time pilot program for
at-risk youth. The funds are to be administered as a reimbursement
grant and may only be drawn down on a one-to-one matching basis."
Having reduced the appropriation for Unclassified in objection
nineteen above, I am reducing the amount in the language on page 58, line 90 from $200,000 to $100,000.
My twenty-first objection to the Bill is contained in Item 83,
page 69, line 4, which states:
"Unclassified (R)099 8,099,623"
This appropriation has been increased over the FY 2011 level
of funding. A cautious and prudent approach must be taken to avoid
building the State's base budget. Therefore, I am reducing the
appropriation by the amount of $30,000 to $8,069,623.
My twenty-second objection to the Bill is contained in Item
84, page 70, line 2, which states:
"Pay Equity Reserve364600,000"
This appropriation has been increased over the FY 2011 level
of funding by 140%. A cautious and prudent approach must be taken
to avoid building the State's base budget. Therefore, I am reducing
the appropriation by the amount of $100,000 to $500,000 which will
still double the funding available for the program.
My twenty-third objection to the Bill is contained in Item 96,
page 78, line 16, which states:
"Glenville State College4287,197,804"
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 be taken to avoid building the
State's base budget. Therefore, I am reducing the appropriation by
the amount of $100,000 to $7,097,804.
My twenty-fourth objection to the Bill is contained in Item
96, page 78, line 23, which states:
"West Virginia University459116,372,285"
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. Therefore, I am reducing the appropriation by
the amount of $100,000 to $116,272,285.
My twenty-fifth objection to the Bill is contained in Item 96,
page 80, lines 67 through 72, which states:
"Included in the above appropriation for Glenville State
College is $350,000 for a 20 county "Hidden Promise" consortium
between the County School Systems and Glenville State College;
$200,000 for courses offered in conjunction with the corrections
academy; and $50,000 to upgrade the security system at the
corrections academy."
Having reduced the appropriation for Glenville State College
in objection twenty-three above, I am reducing the amounts in the
language on page 80, line 68 from $350,000 to $300,000 and on lines
71 and 72 deleting the words, "; and $50,000 to upgrade the
security system at the corrections academy."
My twenty-sixth objection to the Bill is contained in Item 96,
pages 80 and 81, lines 73 through 97, which states:
"Included in the above appropriation for West Virginia
University is $34,500 for the Marshall and WVU Faculty and Course
Development International Study Project; $246,429 for the WVU Law
School - Skills Program; $300,000 for the WVU Coal and Energy
Research Bureau to be expended in consultation with the Board of Coal Mine Health and Safety, the Mine Safety Technology Task Force,
and the DEP Advisory Council; $19,714 for the WVU College of
Engineering and Mineral Resources - Diesel Training - Transfer;
$82,500 for the WVU - Sheep Study; $500,000 for the Mining
Engineering Program; $500,000 for the Center for Multiple Sclerosis
Program; $550,000 for the Davis College of Forestry Agriculture and
Consumer Sciences of which $112,500 is to be used for Morgantown
Farms; $112,500 is to be used for Raymond Memorial Farm; $112,500
is to be used for Reedsville Farm; $112,500 is to be used for
Kerneysville Farm; $200,000 for Reedsville Arena and Jackson's Mill
Arena; $80,000 for a Landscape Architect at Davis College of
Forestry Agriculture and Consumer Sciences; $100,000 for the WVU -
Soil Testing Program; $100,000 for a veterinarian; $50,000 for the
WVU Cancer Study; $220,000 for the WVU Petroleum Engineering
Program; $150,000 for the WV Alzheimer Disease Register; $100,000
is for the Aquaculture Program; and $100,000 for the rifle team."
Having reduced the appropriation for West Virginia University
in objection twenty-four above, I am deleting the language on page
81, line 96, by removing the words, "$100,000 is for the
Aquaculture Program;".
My twenty-seventh objection to the Bill is contained in Item
266, page 147, line 8, which states:
"Governor's Honor Academy478489,358"
Because of decreasing lottery revenues, I am hesitant to
provide significant increases in appropriations to items that
receive lottery funding. Therefore, I am reducing the appropriation by the amount of $89,358 to $400,000.
My twenty-eighth objection to the Bill is contained in Item
266, page 147, line 9, which states:
"Literacy Project899425,000"
Because of decreasing lottery revenues, I am hesitant to
provide significant increases in appropriations to items that
receive lottery funding. Therefore, I am reducing the
appropriation by the amount of $75,000 to $350,000 to maintain the
FY 2011 level of funding.
My twenty-ninth objection to the Bill is contained in Item
267, page 147, lines 16 and 17, which states:
"Grants for Competitive Arts
Program (R)6241,250,000"
Because of decreasing lottery revenues, I am hesitant to
provide significant increases in appropriations to items that
receive lottery funding. While there may be a higher demand for
these grants, it is imperative to be cautious when expanding
program funding. I believe the FY 2012 recommendation was
sufficient for the operations of this program. Therefore, I am
reducing the above appropriation by the amount of $228,750 to
$1,021,250 to maintain funding at the FY 2011 level.
My thirtieth objection to the Bill is contained in Item 277,
pages 164 and 165, lines 2 through 5, which states:
"The above appropriation for Unclassified - Total - Transfer
(activity 402) shall be transferred to the West Virginia
Infrastructure Fund (fund 3384, org 0316) created by W.Va. Code §31-15A-9."
This language does not correspond with new legislation passed
in the 2011 Regular Session, Senate Bill 245, therefore I am
deleting the language in its entirety, lines 2 through 5.
My thirty-first objection to the Bill is contained in Item
280, page 165, lines 4 through 7, which states:
"The above appropriation for Unclassified - Transfer (fund
7308, activity 482) shall be transferred to the Unredeemed Pari-
Mutuel Tickets Fund (fund 7301, org 0707) in support of W.Va. Code
§19-23-13."
This language references an appropriation that is no longer
under Item 280. Therefore I am deleting the language in its
entirety, lines 4 through 7, for technical reasons.
My thirty-second objection to the Bill is contained in Item
367, page 191, lines 2 through 5, which states:
"The above appropriation for Unclassified - Surplus - Total
(fund 0273, activity 097) shall be transferred to the Underground
Storage Tank Insurance Fund (fund 3218, org 0313)."
The language above, "Unclassified - Surplus - Total", does not
match the appropriation name. Therefore I am deleting the "-
Total" on line 2 for technical reasons.
My thirty-third objection to the Bill is contained in Item
368, page 191, which states:
"368-Division of Homeland Security and
Emergency Management
(WV Code Chapter 15)
Fund 0443 FY 2012 Org 0606
Unclassified - Surplus 097
5,000,000
The above appropriation for Unclassified - Surplus (fund 0443,
activity 097) shall be used to match federal funds for the purpose
of relocating the Division of Homeland Security and Emergency
Management."
This is a new appropriation for FY 2012 that has not been
fully vetted to determine its need and true benefit. Therefore, I
am deleting Item 368 in its entirety.
My thirty-fourth objection to the Bill is contained in Item
378, page 194, lines 1 and 2, which states:
"Agricultural Disaster and Mitigation
Needs - Surplus850500,000"
This is a new appropriation for FY 2012 that has not been
fully vetted to determine its need and true benefit. Therefore, I
am reducing the appropriation by the amount of $250,000 to
$250,000.
For the reasons stated herein, I have approved, subject to the
above objections, Enrolled Committee Substitute for House Bill No.
2012.
Sincerely,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Richard Thompson
The Honorable Jeffrey V. Kessler
Veto Messages
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 21, 2011
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Ms. 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 House Bill No. 2438.
Enrolled Committee Substitute for House Bill No. 2438, among
other things, revises the minimum requirements applicable to
electronic voting systems that may be purchased, leased or used by
county commissions. Unfortunately, the Bill's revision of
subsection (11) of section nine, article four-a, chapter three of
the Code of West Virginia, 1931, as amended (the "Code"),
erroneously deleted certain existing statutory language. As a
result of the error, subsection (11) of section nine, article four-
a, chapter three of the Bill is ambiguous as to its intended
meaning and does not establish a clear and cogent minimum
requirement for electronic voting systems. Accordingly, I must
veto Enrolled Committee Substitute for House Bill No. 2438.
While I have vetoed the Bill based on the referenced flaw, I
encourage the Legislature to reconsider this matter and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Richard Thompson
The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 23, 2011
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Ms. Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Senate Bill No. 608.
I must object to this Bill because the proposed amendment to
W. Va. Code §17D-2-2 is unconstitutional. Specifically, the
amendment provides that an auto insurer domiciled in the State of
West Virginia shall pay no more than $10 for each abstract,
including any administrative fee arising from the transaction, but
allows higher amounts to be charged to out-of-state insurers. This language is facially discriminatory and thus violates the dormant
commerce clause of the Constitution of the United States. The
Bill's provision, under established jurisprudence, is
unconstitutional because the state cannot justify the
discrimination as serving a compelling state purpose in a least
restrictive way.
Unfortunately, because the Bill contains an unconstitutional
provision in W. Va. Code §17D-2-2, I must veto Enrolled Senate Bill
No. 608.
Even beyond the unconstitutional provisions of this
legislation, I am concerned about the timing and amount of the
proposed fee increases contemplated in Enrolled Senate Bill No.
608. Our people are hurting and our unemployment rates are still
too high. Although we are seeing economic growth, we are coming
out of one of the worst recessions in the history of our country.
I am committed to improving the quality of roads in our State.
I will be working with our legislative leaders to come up with a
plan to address the conditions of our roads.
In vetoing this legislation, I also am comforted by the fact
that our economic recovery - to date - has improved the fiscal
condition of our State Road Fund. In fact, total year-to-date
State collections are $32 million higher than last year. Under
current law, Motor Vehicle Sales Tax receipts have increased more
than 20% due to higher vehicle sales this year. A growing economy
has also contributed to a 3.5% rise in Motor Fuel Tax collections
and a 4.6% rise in license and registration fees. This additional money - coming in under current law - will provide significant
benefits and offset the need for a fee increase at this time.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Jeffrey V. Kessler
The Honorable Richard Thompson
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 24, 2011
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Ms. Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 2345.
Enrolled House Bill No. 2345 relates to the composition and
appointment of the Public Employees Insurance Agency Finance Board.
Subdivision (7), subsection (a), section four, article sixteen,
chapter five of the Bill provides that the Governor shall appoint
five members of the Board from the public at large. In subsection
(d) of the same section, however, the Bill requires that "[t]he
three members appointed from the public shall each have experience in the financing, development or management of employee benefit
programs." As written, the provisions of subdivision (7),
subsection (a) are inconsistent with the provisions of subsection
(d) as they relate to the number of members of the Board who are
appointed by the Governor from the public at large.
Unfortunately, because the Bill contains the referenced
internal inconsistency, I must veto Enrolled House Bill No. 2345.
Additionally, the Bill expands the total number of members of
the Board from nine to eleven. Nevertheless, subsection (e),
section four, article sixteen, chapter five of the Bill provides
that no more than five members of the Board may be of the same
political party. Because the Bill provides that the Board consist
of eleven members, if the Legislature were to reconsider this
legislation in the future, it should consider increasing the
maximum number of Board members that may be from the same political
party to six.
Sincerely,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Richard Thompson
The Honorable Jeffrey V. Kessler
All business of the sixty-day and extended session now being
concluded,
Senator Stollings, 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 Acting President. Senator Stollings then reported this mission
accomplished.
Thereupon,
On motion of Senator Unger, the Senate adjourned
sine die.
__________
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