sdj-105th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
EXTENDED SESSION, 2009
ONE HUNDRED FIFTH DAY
____________
Charleston, W. Va., Tuesday, May 26, 2009
Pursuant to the adjournment of April 12, 2009, under authority
of
Senate Concurrent Resolution No. 83, Providing for adjournment
of Legislature until May 26, 2009.
The Senate reassembled in extended session in its chamber in
the state capitol in the City of Charleston, at 12 o'clock Noon,
and was called to order by its President, the Honorable Earl Ray
Tomblin.
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
Pending the reading of the Journal of Sunday, April 12, 2009,
On motion of Senator Jenkins, the Journal was approved and the
further reading thereof dispensed with.
The Clerk presented a communication from the Commission on
Uniform State Laws, submitting its annual report, in accordance
with chapter twenty-nine, article one-a, section four of the code
of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of the Insurance Commissioner, submitting its annual
AccessWV report as required by chapter thirty-three, article forty-
eight, section two of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 15th day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 552), Relating to affordable health
insurance plan proposals.
(S. B. No. 771), Making supplemental appropriation of federal
funds to various accounts.
(S. B. No. 772), Making supplemental appropriation to various
accounts.
And,
(S. B. No. 773), Making supplemental appropriation to
Department of Agriculture, Land Protection Authority.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 16th day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 259), Clarifying certain terminology
within Courthouse Facilities Improvement Authority.
(Com. Sub. for S. B. No. 284), Relating to Viatical
Settlements Act.
(S. B. No. 473), Clarifying civil service job posting
provisions.
(S. B. No. 487), Relating to Division of Personnel Director's
qualifications.
(Com. Sub. for S. B. No. 526), Relating to osteopathy
post-doctoral training requirements.
(S. B. No. 572), Repealing section creating Public Employee
Leave Benefit Analysis Board.
(S. B. No. 587), Repealing section creating State Personnel
Advisory Council.
(S. B. No. 588), Repealing section creating Public Insurance
Agency Advisory Board.
(H. B. No. 2404), Relating to inmate reimbursement for medical
services provided to persons held in regional jails.
(Com. Sub. for H. B. No. 2738), Registering protective orders
with the West Virginia Supreme Court of Appeals.
(Com. Sub. for H. B. No. 2757), Relating to financial audits
of insurers.
(Com. Sub. for H. B. No. 3082), Relating to the gathering and
reporting of foreclosure data and statistics.
And,
(H. B. No. 3229), Relating to creation of the Science and
Research Council.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 20th day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 261), Mandating party executive
committees submit certain nominees 70 days before election.
(Com. Sub. for S. B. No. 384), Authorizing Department of
Transportation take control of certain highway emergencies.
(S. B. No. 431), Providing in-state medical providers notice of small group health benefit plan.
(Com. Sub. for S. B. No. 489), Allowing Board of Banking and
Financial Institutions receive travel expense compensation.
(S. B. No. 719), Allowing certain police officers keep weapon
after retirement.
And,
(S. B. No. 760), Authorizing Supreme Court to develop pilot
pre-trial release programs.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 21st day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2170), Authorizing the Department of
Commerce to promulgate legislative rules.
(Com. Sub. for H. B. No. 2418), Relating to exempting certain
records of the Division of Corrections and Regional Jail Authority
from the Freedom of Information Act that, if released, could aid
inmates in committing unlawful acts.
(Com. Sub. for H. B. No. 2419), Providing inmates a reduction
in sentence for completion of education and rehabilitation
programs.
(Com. Sub. for H. B. No. 2421), Requires that inoperable fire
hydrants be painted black and be reported to emergency dispatch
centers.
(Com. Sub. for H. B. No. 2423), Relating to the Board of
Medical Imaging and Radiation Therapy Technology.
(Com. Sub. for H. B. No. 2464), Authorizing county commissions
to designate locations for early voting other than the county
courthouse or annex.
(Com. Sub. for H. B. No. 2504), Establishing the Silver Alert
Plan, an alert system for missing cognitively impaired persons.
(Com. Sub. for H. B. No. 2530), Relating to further defining
professional student support personnel.
(Com. Sub. for H. B. No. 2532), Creating licensure for
Marriage and Family Therapists.
(H. B. No. 2541), Including poultry among those domesticated
farm animals or stock which the owner shall be liable for damages
caused by those animals.
(Com. Sub. for H. B. No. 2567), Relating to filing agency
rules with the Secretary of State under the Administrative
Procedures Act.
And,
(Com. Sub. for H. B. No. 2685), Amending the Uniform Principal
and Income Act.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 22nd day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2870), Extending the deadline of the
buyback provision provided under the Teachers' Defined Contribution
Retirement System to the State Teachers Retirement System
.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 27th day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 12), Allowing 2-year motorcycle registration
period.
(Com. Sub. for S. B. No. 153), Authorizing Department of
Environmental Protection promulgate legislative rules.
(Com. Sub. for S. B. No. 370), Relating to community
corrections program fees.
(Com. Sub. for S. B. No. 405), Relating to grandparents'
visitation.
(S. B. No. 424), Converting financial institution to
state-chartered bank.
(S. B. No. 476), Relating to "financial institution"
definition.
(S. B. No. 493), Transferring central registry for head
injuries to Center for Excellence in Disabilities.
(S. B. No. 503), Defining "sound financial condition".
(Com. Sub. for S. B. No. 612), Relating to willful nonpayment
of child support.
And,
(S. B. No. 764), Providing race election results certification
procedure.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 28th day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2222), Authorizing the Department of
Military Affairs and Public Safety to promulgate legislative rules.
(Com. Sub. for H. B. No. 2407), Relating to trustee accounts
and funds, earnings and personal property of inmates.
(Com. Sub. for H. B. No. 2569), Creating the Juvenile Services
Reimbursement Offender Fund.
(H. B. No. 2651), Repealing article regulating male breeding
animals.
(Com. Sub. for H. B. No. 2684), West Virginia Drug Offender
Accountability and Treatment Act.
(H. B. No. 2734), Relating to minimum guarantees provided to
members who elected to transfer from the Teachers' Defined
Contribution System to the Teachers' Retirement System.
(Com. Sub. for H. B. No. 2742), Repealing outdated provisions
from the WV Code relating to vinegars.
(Com. Sub. for H. B. No. 2753), Relating to the continuation
of the Design-Build Program.
(Com. Sub. for H. B. No. 2839), Relating to the management of
pain by physicians.
(H. B. No. 2950), Creating the Neighborhood Housing and
Economic Stabilization Program for low-income minority
neighborhoods.
(H. B. No. 2952), Clarifying that a terroristic threat is a
felony regardless of intent to actually commit the threatened act.
And,
(Com. Sub. for H. B. No. 3196), Declaring certain claims
against the state and its agencies to be moral obligations of the
state.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 29th day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2694), Establishing certain
requirements for modification of custodial rights for parent's or
guardian's that have been deployed to the United States Armed
Forces.
(Com. Sub. for H. B. No. 2719), Relating to the sale and distribution of craft beer.
(Com. Sub. for H. B. No. 2739), Enhancing the service and
enforcement of domestic violence protective orders issued by state
courts.
(Com. Sub. for H. B. No. 2819), Authorizing miscellaneous
agencies and boards to promulgate legislative rules.
(Com. Sub. for H. B. No. 2863), Relating to construction of
state utility projects.
(Com. Sub. for H. B. No. 3036), Relating to notice and
publication requirements for expungement petitions.
(Com. Sub. for H. B. No. 3134), Municipal vote by mail pilot
program.
(Com. Sub. for H. B. No. 3194), Making it a misdemeanor to
knowingly file false information with the Secretary of State.
(Com. Sub. for H. B. No. 3288), Relating to mental health
parity.
(Com. Sub. for H. B. No. 3305), Relating to the powers and
duties of probation officers.
(Com. Sub. for H. B. No. 3313), Allowing depositories and
banks to meet the security requirement necessary to be a depository
for boards of education by providing a letter of credit from a
federal home loan bank.
And,
(H. B. No. 3340), Relating to entry into a data state compact
among the Higher Education Policy Commission, Council for Community
and Technical College Education and State Board of Education.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 30th day of April, 2009, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2335), Relating to the federal
"Yellow Ribbon G. I. Education Enhancement Program".
(Com. Sub. for H. B. No. 2360), Insuring that tobacco products
are not sold in any packaging other than the original.
(Com. Sub. for H. B. No. 2401), Providing for the expiration
of the alternative minimum tax.
(H. B. No. 2536), Adding language that includes railcars and
locomotives in the category of railroad property that is illegal to
interfere or tamper with.
(H. B. No. 2539), Authorizing professional licensing boards to
combine administrative staff functions.
(Com. Sub. for H. B. No. 2557), Relating to the enforcement of
new motor vehicle warranties.
(Com. Sub. for H. B. No. 2566), Expanding applicability of increased penalties for crimes against certain protected persons.
(Com. Sub. for H. B. No. 2660), Expanding the definition of
limited health care service.
(Com. Sub. for H. B. No. 2690), Updating language pertaining
to indemnity for the death of diseased or infected animals.
(Com. Sub. for H. B. No. 2737), Authorizing the Administrative
Director of the Supreme Court of Appeals to hire regional or
specialized probation officers.
(Com. Sub. for H. B. No. 2771), Relating to the West Virginia
Alcohol and Drug-Free Workplace Act.
(H. B. No. 2841), Extending the time for the city council of
Richwood to meet as a levying body.
And,
(Com. Sub. for H. B. No. 2860), Regulating the sequestration
and storage of carbon dioxide.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 1st day of May, 2009, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for Com. Sub. for S. B. No. 398), Imposing certain
restrictions on graduated driver's licenses.
(Com. Sub. for Com. Sub. for S. B. No. 414), Relating to
Pharmaceutical Cost Management Council and health care delivery
systems.
(Com. Sub. for S. B. No. 484), Relating to ad valorem property
taxes.
(Com. Sub. for S. B. No. 501), Prohibiting animal gas chamber
euthanasia.
(S. B. No. 515), Creating Uniform Adult Guardianship and
Protective Proceedings Jurisdiction Act.
(Com. Sub. for S. B. No. 533), Updating terms in consumers
sales and service tax.
(Com. Sub. for S. B. No. 537), Relating to workers'
compensation.
(Com. Sub. for S. B. No. 540), Clarifying certain Tax
Commissioner's authorities.
(Com. Sub. for Com. Sub. for S. B. No. 575), Relating to
gaming operations at historic resort hotel.
(Com. Sub. for S. B. No. 600), Relating to coal reclamation
tax.
(S. B. No. 610), Relating to Film Industry Investment Act.
(Com. Sub. for S. B. No. 613), Clarifying coalbed methane
notice requirements.
(Com. Sub. for S. B. No. 631), Relating to certain insurance policy cancellation.
(Com. Sub. for S. B. No. 672), Creating Mental Health
Stabilization Act of 2009.
(Com. Sub. for S. B. No. 694), Creating intrastate mutual aid
system.
(Com. Sub. for S. B. No. 706), Creating State Police leave
donation program.
(Com. Sub. for S. B. No. 715), Establishing Chesapeake Bay
Restoration Initiative.
And,
(S. B. No. 767), Relating to certain Medicaid program
contracts.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 4th day of May, 2009, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2869), Lengthening the time frame for
the filing of post-primary and post general campaign financial statements.
(H. B. No. 2913), Relating to the Statewide Independent Living
Council.
(Com. Sub. for H. B. No. 2916), Relating to the Emergency
Medical Services Act.
(Com. Sub. for H. B. No. 2999), Relating to the Streamlined
Sales and Use Tax Agreement and the West Virginia consumers sales
and service tax and use tax.
(H. B. No. 3011), Repealing the section of code relating to
limitation on political activity of officers or employees in the
administration of the Vocational Rehabilitation Program.
(Com. Sub. for H. B. No. 3017), Exempting from the consumers
sales and service tax and use tax any sales of donated clothing or
clothing accessories.
(Com. Sub. for H. B. No. 3063), Relating to hunting, tagging
and reporting bear.
(H. B. No. 3155), Relating to the renewal of the West Virginia
Small Business Linked Deposit Program.
(Com. Sub. for H. B. No. 3240), Giving the Commissioner of
Motor Vehicles authority to approve all-terrain vehicle rider
safety awareness courses.
(H. B. No. 3295), Relating to the West Virginia State
Treasurer's Office.
And,
(Com. Sub. for H. B. No. 3336), Continuing early intervention
services to families with developmentally delayed infants and toddlers but eliminating the cost-free provision.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 5th day of May, 2009, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 195), Authorizing Department of
Health and Human Resources promulgate legislative rules.
(Com. Sub. for S. B. No. 227), Authorizing Department of
Revenue promulgate legislative rules.
(Com. Sub. for S. B. No. 243), Relating to issuing general
obligation bonds.
(Com. Sub. for S. B. No. 244), Relating to public employees'
reemployment after retirement.
(Com. Sub. for S. B. No. 258), Clarifying local fiscal bodies
cannot be held liable for certain deficits.
(S. B. No. 262), Removing prohibition against using county's
General Revenue Fund for historic preservation.
(S. B. No. 335), Authorizing Division of Culture and History distribute fairs and festivals' funding.
(S. B. No. 338), Creating additional seventeenth judicial
circuit court judge.
(Com. Sub. for Com. Sub. for S. B. No. 404), Creating
sesquicentennial commission and fund.
(Com. Sub. for S. B. No. 408), Relating to model health plan
for uninsurable individuals.
(S. B. No. 425), Disclosing certain refinanced loan's higher
annual percentage rate.
(S. B. No. 434), Relating to long-term care policy insurance
agents.
(S. B. No. 468), Requiring redemption property purchaser pay
in certified funds.
(S. B. No. 490), Authorizing Mercer County Commission appoint
emergency operations center board.
(S. B. No. 495), Authorizing Insurance Commissioner permit
certain groups life insurance policies.
(Com. Sub. for Com. Sub. for S. B. No. 532), Creating WV SAFE
Mortgage Licensing Act.
(Com. Sub. for H. B. No. 2968), Requiring the State Fire
Commission to establish safety standards for liquefied petroleum
gas systems.
(H. B. No. 2981), Relating to primary elections and nominating
procedures of third-party candidates.
(H. B. No. 3047), Clarifying that the Director of the Public
Employees Insurance Agency is authorized to enter into capitated provider arrangements for provision of primary health care
services.
(Com. Sub. for H. B. No. 3074), Allowing the Secretary of
State to notify people with delinquent taxes by certified mail.
(Com. Sub. for H. B. No. 3120), Increasing the WV Prosecuting
Attorneys Institute's executive council's elected members from five
to seven and permitting the appointment of special prosecutors in
juvenile delinquency, child abuse or neglect proceedings.
(H. B. No. 3170), Relating to WV Guardianship and
Conservatorship Act.
(Com. Sub. for H. B. No. 3195), Establishing a funding
mechanism for state aid for local health departments.
(H. B. No. 3197), Authorizing municipalities to permit
nonpolice officers to issue citations for littering.
(Com. Sub. for H. B. No. 3314), Relating to concealed handgun
licensing.
And,
(Com. Sub. for H. B. No. 3339), Facilitating the complete
closure of the Gwinn, otherwise known as the Midwest Services
Landfill, located in Summers County.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 6th day of May, 2009, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 99), Sentencing discretion for
certain youthful offenders.
(Com. Sub. for S. B. No. 172), Authorizing Department of
Administration promulgate legislative rules.
(Com. Sub. for Com. Sub. for S. B. No. 239), Allowing majority
vote for certain metro government approval.
(Com. Sub. for S. B. No. 246), Relating to unemployment
compensation generally.
(Com. Sub. for S. B. No. 278), Creating felony offense of
willful failure to provide certain drug benefits.
(S. B. No. 306), Increasing pipeline companies' special
license fees to Public Service Commission.
(S. B. No. 344), Authorizing mental hygiene commissioners sign
readmission orders.
(Com. Sub. for S. B. No. 451), Relating to crime victims'
compensation awards.
(S. B. No. 494), Authorizing Insurance Commissioner order
restitution in certain cases.
(S. B. No. 507), Relating to Clean Coal Technology Council's
powers and duties.
(S. B. No. 594), Requiring monthly fund installments to
Courtesy Patrol.
(S. B. No. 595), Relating to assignment of child support
obligations.
(S. B. No. 632), Requiring insurers share certain information
with Bureau for Medical Services.
(S. B. No. 636), Finding and declaring certain claims against
state.
(Com. Sub. for S. B. No. 641), Disclosing solid waste origins
at commercial landfills.
(S. B. No. 669), Extending Preventative Care Pilot Program.
(Com. Sub. for S. B. No. 687), Relating to Comprehensive
Behavioral Health Commission.
(Com. Sub. for S. B. No. 695), Relating to payment for certain
state employees' unused sick leave.
(Com. Sub. for H. B. No. 2218), Authorizing the Department of
Transportation to promulgate legislative rules.
(Com. Sub. for H. B. No. 2309), Updating the law governing the
practice of occupational therapy.
(Com. Sub. for H. B. No. 2528), Updating the regulation of the
practice of forestry.
(Com. Sub. for H. B. No. 2531), Updating the regulation of the
practice of barbers and cosmetologists.
(Com. Sub. for H. B. No. 2695), Providing criminal penalties
for a hunter who fails to render aid to a person the hunter shoots
while hunting.
(Com. Sub. for H. B. No. 2701), Relating to an escape of any
person from the custody of the Division of Juvenile Services.
(Com. Sub. for H. B. No. 2788), Protecting incapacitated
adults from abuse or neglect by a caregiver.
(H. B. No. 2801), Updating language and making technical
changes and clarifications of the West Virginia Board of Medicine.
(
H. B. No. 2884), Long-Term Care Partnership Program.
(Com. Sub. for H. B. No. 2885), Establishing a uniform
credentialing form and creating a single credentialing verification
organization (CVO).
(
H. B. No. 2920), Eliminating the felony conviction for a
second or subsequent conviction of petit larceny.
(Com. Sub. for H. B. No. 2926), Establishing a procedure for
challenging a candidate's qualifications for elected office.
(
H. B. No. 2931), Removing a severance tax on timber for tax
years 2010 through 2013.
(Com. Sub. for H. B. No. 2958), Increasing the fines for a
trespassing conviction pursuant to certain circumstances.
(Com. Sub. for H. B. No. 2976), Requiring the State Fire
Commission to promulgate rules pertaining to the State Building
Code.
And,
(Com. Sub. for H. B. No. 3146), Relating to seniority rights
for school service personnel.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 7th day of May, 2009, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 256), Providing additional
requirements for certain property annexation.
(Com. Sub. for Com. Sub. for S. B. No. 279), Relating to
industrial accidents and emergency response regulations.
(Com. Sub. for S. B. No. 293), Creating felony offense of
unauthorized practice of certain health care professions.
(Com. Sub. for S. B. No. 318), Expanding Division of
Protective Services' law-enforcement authority over state property
under certain circumstances.
(S. B. No. 322), Exempting certain life insurance policies
from Medicaid assignment.
(Com. Sub. for S. B. No. 339), Exempting certain licensed
medical professionals from county hiring prohibition.
(S. B. No. 347), Correcting code reference related to extended
supervision for certain sex offenders.
(Com. Sub. for Com. Sub. for S. B. No. 373), Relating to PROMISE Scholarship.
(Com. Sub. for S. B. No. 382), Adjusting State Rail
Authority's contract authority.
(Com. Sub. for S. B. No. 440), Increasing county litter
control officers' authority.
(S. B. No. 445), Removing conservation supervisors' election
certification requirements.
(Com. Sub. for S. B. No. 456), Creating Reduced Cigarette
Ignition Propensity Standard and Fire Prevention Act.
(Com. Sub. for S. B. No. 461), Extending selenium effluent
limits compliance time.
(S. B. No. 464), Authorizing Public Employees Insurance Agency
charge fee for paper transactions.
(Com. Sub. for Com. Sub. for S. B. No. 470), Regulating
all-terrain vehicles on Hatfield-McCoy Trail.
(S. B. No. 481), Requiring employers provide certain
documentation to Public Employees Insurance Agency.
(S. B. No. 492), Clarifying certain Public Employees Insurance
Agency retirement requirements.
(S. B. No. 556), Relating to defensive driving course points
deduction.
And,
(S. B. No. 761), Relating to illegal entries upon certain
property.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 8th day of May, 2009, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 280), Creating Correctional
Industries Act of 2009.
(Com. Sub. for S. B. No. 326), Mandating certain dental
anesthesia insurance coverage.
(Com. Sub. for S. B. No. 472), Revising certain outdoor
advertising restrictions.
(Com. Sub. for Com. Sub. for S. B. No. 498), Relating to early
childhood education.
(S. B. No. 521), Including telecommunications devices as jail
contraband.
(S. B. No. 528), Depositing certain fees in counties' general
funds.
(Com. Sub. for Com. Sub. for S. B. No. 724), Relating to
health care provider tax.
(S. B. No. 756), Increasing military facilities security
guards' patrol areas.
(Com. Sub. for H. B. No. 2535), Creating a tax credit for
certain solar energy systems.
(Com. Sub. for H. B. No. 2723), Authorizing liens by
municipalities and requiring administrative procedures for the
assessment and collection of delinquent municipal fees.
(Com. Sub. for H. B. No. 2877), Increasing the monetary
penalties, removing the possibility of incarceration and adding
community service for a minor who misrepresents his or her age when
purchasing alcohol.
(Com. Sub. for H. B. No. 3146), Relating to seniority rights
for school service personnel.
(Com. Sub. for H. B. No. 3208), Including the hours of
training county board members have acquired.
And,
(Com. Sub. for H. B. No. 3278), Relating to the life and
health insurance guaranty association.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 12th day of May, 2009, presented to His
Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2968), Requiring the State Fire
Commission to establish safety standards for liquefied petroleum
gas systems.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Without objection, the Senate returned to the third order of
business.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on April 13, 2009, he had approved
Enr.
Committee Substitute for Senate Bill No. 321; on April 16, 2009, he
had approved
Enr. Committee Substitute for Senate Bill No. 552; on
April 17, 2009, he had approved
Enr. Senate Bill No. 771, Enr.
Senate Bill No. 772 and
Enr. Senate Bill No. 773; on April 20,
2009, he had approved
Enr. Committee Substitute for Senate Bill No.
259, Enr. Committee Substitute for Senate Bill No. 284, Enr. Senate
Bill No. 487, Enr. Committee Substitute for Senate Bill No. 526,
Enr. Senate Bill No. 572, Enr. Senate Bill No. 587, Enr. Senate
Bill No. 588,
Enr. House Bill No. 2404, Enr. Committee Substitute
for House Bill No. 2738 and
Enr. House Bill No. 3229; on April 21,
2009, he had approved
Enr. Committee Substitute for Senate Bill No. 261, Enr. Committee Substitute for Senate Bill No. 384, Enr. Senate
Bill No. 431, Enr. Senate Bill No. 473,
Enr. Committee Substitute
for Senate Bill No. 489, Enr. Senate Bill No. 719, Enr. Senate Bill
No. 760,
Enr. Committee Substitute for House Bill No. 2757 and
Enr.
Committee Substitute for House Bill No. 3082; on April 22, 2009, he
had approved
Enr. Committee Substitute for House Bill No. 2870; on
April 24, 2009, he had approved
Enr. Committee Substitute for House
Bill No. 2170, Enr. Committee Substitute for House Bill No. 2418,
Enr. Committee Substitute for House Bill No. 2419, Enr. Committee
Substitute for House Bill No. 2421, Enr. Committee Substitute for
House Bill No. 2464, Enr. Committee Substitute for House Bill No.
2504, Enr. Committee Substitute for House Bill No. 2530, Enr.
Committee Substitute for House Bill No. 2532, Enr. House Bill No.
2541, Enr. Committee Substitute for House Bill No. 2567 and
Enr.
Committee Substitute for House Bill No. 2685; on April 30, 2009, he
had approved
Enr. Senate Bill No. 12, Enr. Committee Substitute for
Senate Bill No. 153, Enr. Committee Substitute for Senate Bill No.
370, Enr. Committee Substitute for Senate Bill No. 405, Enr. Senate
Bill No. 424, Enr. Senate Bill No. 476, Enr. Senate Bill No. 493,
Enr. Senate Bill No. 503, Enr. Committee Substitute for Senate Bill
No. 612, Enr. Senate Bill No. 764, Enr. Committee Substitute for
House Bill No. 2222, Enr. Committee Substitute for House Bill No.
2407, Enr. Committee Substitute for House Bill No. 2569, Enr. House
Bill No. 2651, Enr. Committee Substitute for House Bill No. 2684,
Enr. Committee Substitute for House Bill No. 2694, Enr. Committee
Substitute for House Bill No. 2719, Enr. House Bill No. 2734, Enr. Committee Substitute for House Bill No. 2739, Enr. Committee
Substitute for House Bill No. 2742, Enr. Committee Substitute for
House Bill No. 2753, Enr. Committee Substitute for House Bill No.
2819, Enr. Committee Substitute for House Bill No. 2839, Enr.
Committee Substitute for House Bill No. 2863, Enr. House Bill No.
2950, Enr. House Bill No. 2952, Enr. Committee Substitute for House
Bill No. 3036, Enr. Committee Substitute for House Bill No. 3134,
Enr. Committee Substitute for House Bill No. 3196, Enr. Committee
Substitute for House Bill No. 3305 and
Enr. Committee Substitute
for House Bill No. 3313; on May 4, 2009, he had approved
Enr.
Committee Substitute for Senate Bill No. 600, Enr. Senate Bill No.
610, Enr. Committee Substitute for Senate Bill No. 694, Enr.
Committee Substitute for House Bill No. 2335, Enr. Committee
Substitute for House Bill No. 2360, Enr. Committee Substitute for
House Bill No. 2401, Enr. House Bill No. 2536, Enr. House Bill No.
2539, Enr. Committee Substitute for House Bill No. 2557, Enr.
Committee Substitute for House Bill No. 2566, Enr. Committee
Substitute for House Bill No. 2660, Enr. Committee Substitute for
House Bill No. 2690, Enr. Committee Substitute for House Bill No.
2737, Enr. House Bill No. 2841, Enr. Committee Substitute for House
Bill No. 2860 and
Enr. House Bill No. 3340; on May 6, 2009, he had
approved
Enr. Committee Substitute for Senate Bill No. 613, Enr.
Committee Substitute for Senate Bill No. 631, Enr. Senate Bill No.
767, Enr. Committee Substitute for House Bill No. 2869, Enr. House
Bill No. 2913, Enr. Committee Substitute for House Bill No. 2916,
Enr. Committee Substitute for House Bill No. 2999, Enr. House Bill No. 3011, Enr. Committee Substitute for House Bill No. 3017, Enr.
Committee Substitute for House Bill No. 3063, Enr. House Bill No.
3155, Enr. Committee Substitute for House Bill No. 3240 and
Enr.
Committee Substitute for House Bill No. 3336; on May 7, 2009, he
had approved
Enr. Committee Substitute for Senate Bill No. 278,
Enr. Committee Substitute for Committee Substitute for Senate Bill
No. 398, Enr. Committee Substitute for Senate Bill No. 451, Enr.
Senate Bill No. 515, Enr. Committee Substitute for Senate Bill No.
533, Enr. Committee Substitute for Senate Bill No. 537, Enr.
Committee Substitute for Senate Bill No. 540, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 575, Enr.
Committee Substitute for Senate Bill No. 687, Enr. Committee
Substitute for Senate Bill No. 706, Enr. Committee Substitute for
House Bill No. 2218, Enr. Committee Substitute for House Bill No.
2528, Enr. Committee Substitute for House Bill No. 2788, Enr. House
Bill No. 2884, Enr. Committee Substitute for House Bill No. 2958
and
Enr. Committee Substitute for House Bill No. 2976; on May 8,
2009, he had approved
Enr. Committee Substitute for Senate Bill No.
99, Enr. Committee Substitute for Senate Bill No. 195, Enr.
Committee Substitute for Senate Bill No. 243, Enr. Committee
Substitute for Senate Bill No. 244, Enr. Committee Substitute for
Senate Bill No. 258, Enr. Senate Bill No. 262, Enr. Committee
Substitute for Senate Bill No. 293, Enr. Senate Bill No. 306, Enr.
Committee Substitute for Senate Bill No. 318, Enr. Senate Bill No.
322, Enr. Senate Bill No. 344, Enr. Senate Bill No. 347, Enr.
Committee Substitute for Senate Bill No. 382, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 404, Enr.
Committee Substitute for Senate Bill No. 408, Enr. Senate Bill No.
425, Enr. Senate Bill No. 434, Enr. Committee Substitute for Senate
Bill No. 440, Enr. Committee Substitute for Senate Bill No. 456,
Enr. Senate Bill No. 464, Enr. Senate Bill No. 468, Enr. Senate
Bill No. 481, Enr. Senate Bill No. 490, Enr. Senate Bill No. 492,
Enr. Senate Bill No. 494, Enr. Senate Bill No. 495, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 532, Enr.
Senate Bill No. 556, Enr. Senate Bill No. 594, Enr. Senate Bill No.
595, Enr. Senate Bill No. 632, Enr. Senate Bill No. 636, Enr.
Committee Substitute for Senate Bill No. 641, Enr. Senate Bill No.
669, Enr. Senate Bill No. 761, Enr. House Bill No. 2981, Enr. House
Bill No. 3047, Enr. Committee Substitute for House Bill No. 3074,
Enr. House Bill No. 3295, Enr. Committee Substitute for House Bill
No. 3314 and
Enr. Committee Substitute for House Bill No. 3339; on
May 11, 2009, he had approved
Enr. Committee Substitute for Senate
Bill No. 172, Enr. Committee Substitute for Senate Bill No. 227,
Enr. Committee Substitute for Senate Bill No. 246, Enr. Committee
Substitute for Senate Bill No. 256, Enr. Senate Bill No. 335, Enr.
Senate Bill No. 338, Enr. Committee Substitute for Committee
Substitute for Senate Bill No. 373, Enr. Senate Bill No. 445, Enr.
Committee Substitute for Committee Substitute for Senate Bill No.
470, Enr. Committee Substitute for House Bill No. 2309, Enr.
Committee Substitute for House Bill No. 2531, Enr. Committee
Substitute for House Bill No. 2695, Enr. Committee Substitute for
House Bill No. 2885 and
Enr. Committee Substitute for House Bill No. 3195; on May 12, 2009, he had approved
Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 279, Enr.
Committee Substitute for Senate Bill No. 280, Enr. Committee
Substitute for Senate Bill No. 326, Enr. Committee Substitute for
Senate Bill No. 472, Enr. Committee Substitute for Committee
Substitute for Senate Bill No. 498, Enr. Committee Substitute for
Committee Substitute for Senate Bill No. 724, Enr. Senate Bill No.
756,
Enr. Committee Substitute for House Bill No. 2723, Enr. House
Bill No. 2801, Enr. Committee Substitute for House Bill No. 2877,
Enr. House Bill No. 2931 and
Enr. Committee Substitute for House
Bill No. 3278; on May 13, 2009, he had approved,
Enr. Committee
Substitute for Senate Bill No. 339, Enr. Committee Substitute for
Senate Bill No. 461, Enr. Senate Bill No. 521, Enr. Committee
Substitute for House Bill No. 3146 and
Enr. Committee Substitute
for House Bill No. 3208; and on May 18, 2009, he had approved
Second Enrollment for Enr. Committee Substitute for House Bill No.
2968.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
Senator Chafin then moved that the Senate recess until 6 p.m.
today.
The question being on the adoption of Senator Chafin's motion,
and on this question, Senator Barnes demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Fanning and Oliverio--2.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's motion had
prevailed.
In accordance with the foregoing motion, the Senate recessed
until 6 p.m. today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
Executive Communications
Senator Tomblin (Mr. 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
May 8, 2009
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Committee Substitute for Senate
Bill No. 239.
I must object to this bill because of an erroneous cross-
reference that would render the legislation ineffective. If
approved, Enrolled Committee Substitute for Committee Substitute
for Senate Bill No. 239 would allow a county with a population
exceeding 150,000 and a single Class I city that is the principal
municipality of the county to form a metro government if a simple
majority of residents of the principal municipality and a simple
majority of residents of all unincorporated and incorporated areas
of the affected county, excluding the principal municipality, cast
votes in favor of metro government. Subsection (b), section four-a
of the bill defines "Class I city" as a municipality "so classified
under section eight, article one, chapter eight" of the code.
Unfortunately, this cross-reference is a typographical error; the
term "Class I city" does not appear in section eight, article one,
chapter eight of the code. The result of this error is to leave the
term "Class I city" undefined in the bill. Without a proper
definition, my approval of this bill would render the legislation
difficult, if not impossible, to apply.
For this reason, I must veto Enrolled Committee Substitute for
Committee Substitute for Senate Bill No. 239 so that the
Legislature may reconsider and correct this technical flaw.
Very truly yours,
Joe Manchin III,
Governor.
Senator Chafin 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 Com. Sub. for Senate Bill No. 239, Allowing
majority vote for certain metro government approval.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Committee Substitute for
Committee Substitute for Senate Bill No. 239, the same was put and
prevailed.
On motion of Senator Bowman, the following amendment to the
bill was reported by the Clerk and adopted:
On page two, section four-a, line fifteen, by striking out the
word "eight" and inserting in lieu thereof the word "three".
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: Bowman, Browning,
Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Unger, Wells, Yost and Tomblin (Mr. President)--28.
The nays were: Barnes, Boley, Sypolt and Williams--4.
Absent: Caruth and White--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr.
Com. Sub. for Com. Sub. for S. B. No. 239) 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 Tomblin (Mr. 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
May 7, 2009
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Committee Substitute for Senate
Bill No. 414.
If approved, this bill would enact broad reforms designed to
stem the rising cost of health care in West Virginia. Chief among
the bill's amendments is the creation of a new state office to
coordinate health care reform initiatives among executive branch
agencies. Known as the Governor's Office of Health Enhancement and Lifestyle Planning (GOHELP), the office would be responsible for
directing and implementing health care reform initiatives such as
prescription drug purchasing agreements, patient-centered medical
home programs and strategic health care planning.
While I support the Legislature's efforts to improve the
state's health care system, I must object to this bill because of
a technical flaw that would render the measure constitutionally
invalid. The title of the bill mistakenly omits a reference to the
creation of an advisory council, the Health Enhancement and
Lifestyle Planning Advisory Council, designed to advise and consult
with GOHELP. I find this omission to be fatal because a reasonable
person would be unable to discern this material amendment, the
creation of an independent board composed of state officers and
gubernatorial appointees, without reading the entire text of the
bill.
For this reason, I must veto Enrolled Committee Substitute for
Committee Substitute for Senate Bill No. 414. Nevertheless, I urge
the Legislature to amend the title of the bill and to return the
bill for approval.
Very truly yours,
Joe Manchin III,
Governor.
Senator Chafin 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 Com. Sub. for
Senate Bill No. 414, Creating Governor's Office of Health Enhancement and Lifestyle Planning.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Committee Substitute for
Committee Substitute for Senate Bill No. 414, the same was put and
prevailed.
On motion of Senator Prezioso, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page seven, section two, line one hundred forty-seven, by
striking out the word "for" and inserting in lieu thereof the word
"of";
On page seven, section two, line one hundred fifty-four, after
the word "Rehabilitation" by inserting the word "Services";
On page nine, section two, line thirteen, by striking out the
word "for" and inserting in lieu thereof the word "of";
On page ten, section two, line twenty, by striking out the
word "veteran's" and inserting in lieu thereof the word
"veterans'";
On page ten, section two, line twenty, after the word
"Rehabilitation" by inserting the word "Services";
On page eleven, section three, line twenty-four, after the
word "coverage" by changing the period to a semicolon and inserting
the following: and
(5) Is entitled to receive an annual salary as provided by the Governor.;
On page eleven, section four, by striking out the section
caption and substituting therefor a new section caption, to read as
follows:
§16-29H-4. Director of the Governor's Office of Health Enhancement
and Lifestyle Planning; powers and duties, hiring of
staff.;
On page eighteen, section six, line six, by striking out the
word "chapter" and inserting in lieu thereof the word "article";
On page twenty, section seven, line three, after the word
"schools" by inserting a comma;
On page twenty-one, section seven, lines ten and eleven, by
striking out the words "article nine of this chapter" and inserting
in lieu thereof the words "section nine of this article";
On pages twenty-two and twenty-three, section eight, by
striking out all of subsection (e) and inserting in lieu thereof a
new subsection (e), to read as follows:
(e) The Governor's Office of Health Enhancement and Lifestyle
Planning, with advice of the advisory council, is authorized to
revise existing legislative rules that establish time lines, the
documentation, form and manner of reporting required, and determine
necessary changes to existing legislative rules to effectuate the
purposes of this article. The director shall include in his or her
annual report to the Legislature, in an aggregate form, the
information provided in the required reporting.;
On page twenty-three, section eight, line eighty-one, by striking out the word "senior" and inserting in lieu thereof the
word "seniors";
On page twenty-seven, section nine, line ninety-four, by
striking out the word "attainting" and inserting in lieu thereof
the word "attaining";
On page twenty-eight, section nine, line one hundred forty-
nine, by striking out the word "of" and inserting in lieu thereof
the word "on";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for Com. Sub. for Senate Bill No. 414--An Act
to repeal §5-16-7b of the Code of West Virginia, 1931, as amended;
to repeal §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5,
§5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11,
§5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17
of said code; to amend and reenact §5F-2-2 of said code; to amend
and reenact §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4 and
§16-29H-5 of said code; and to amend said code by adding thereto
five new sections, designated §16-29H-6, §16-29H-7, §16-29H-8, §16-
29H-9 and §16-29H-10, all relating generally to the creation of the
Governor's Office of Health Enhancement and Lifestyle Planning;
setting forth legislative findings; setting forth the powers and
duties of the office; transferring the powers and duties of the
Pharmaceutical Cost Management Council to the office; creating the
position of director; setting forth the qualifications of the director; setting forth the powers and duties of the director;
providing for staff; creating an advisory council; setting forth
the membership of the advisory council; setting forth terms of
office for the advisory council; setting forth powers and duties of
the advisory council; requiring the development of a five-year
strategic plan; providing for legislative rule-making authority;
providing for coordination with various state agencies,
departments, boards, bureaus and commissions; requiring reporting
to the Governor and the Legislature; establishing pilot projects
for patient-centered medical homes; setting forth legislative
findings; defining terms; evaluating existing medical home pilot
programs; establishing criteria for pilot projects for patient-
centered medical homes; defining four types of pilot projects;
setting forth evaluation criteria; granting rule-making authority;
and exempting the office from purchasing division requirements.
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: Barnes, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster,
Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: Boley, K. Facemyer and Hall--3.
Absent: Caruth and White--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. Com. Sub. for Com. Sub. for S. B. No. 414) 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 Tomblin (Mr. 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
May 4, 2009
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 501.
I must object to this bill because its proposed title does not
reference three sections of the West Virginia Code purportedly
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 Senate Bill No. 501
constitutionally defective. For this reason, I must veto this
legislation.
Very truly yours,
Joe Manchin III,
Governor.
Senator Chafin 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. 501, Prohibiting animal gas
chamber euthanasia.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 501, the same was put and prevailed.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page six, section eight, line ten, by striking out the word
"pound" and inserting in lieu thereof the words "county or
municipal shelter";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for Senate Bill No. 501--An Act
to amend and
reenact §7-10-4 of the Code of West Virginia, 1931, as amended; to
amend and reenact §19-20-8 of said code; and to amend and reenact
§30-10A-4, §30-10A-6 and §30-10A-8 of said code, all relating to prohibiting the euthanizing of animals by means of a gas chamber;
setting forth an exception for counties which operated a gas
chamber as of the effective date of this section; requiring all
persons or entities performing animal euthanasia to register with
the Board of Veterinary Medicine; allowing animal euthanasia
technicians to administer sedatives and tranquilizers; and
directing the Board of Veterinary Medicine to promulgate emergency
rules.
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: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and White--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr.
Com. Sub. for S. B. No. 501) 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 Tomblin (Mr. 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
May 12, 2009
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Senate Bill No. 528.
Unfortunately, I must object to this bill because its proposed
title does not sufficiently reflect the amendments it purports to
make to the Code of West Virginia. According to the title,
Enrolled Senate Bill No. 528 provides "for the distribution of
certain fees paid to the clerk of the county commission for
recording certain documents." However, the bill's proposed
amendments to the code are somewhat more substantive in nature and
would redirect a significant portion of county clerks' funding to
county general revenue funds. As a result, a reasonable person
would not be able to discern the proposed changes to the code
without reading the entire text of Enrolled Senate Bill No. 528.
Accordingly, I find the title inconsistent with the substance of
the bill so as to render the bill constitutionally defective. For this reason, I must veto this legislation.
Very truly yours,
Joe Manchin III,
Governor.
Senator Chafin 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. 528,
Relating to certain fees collected
by county clerks.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Senate Bill No. 528, the same
was put and prevailed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Enr. Senate Bill No. 528--An Act to amend and reenact §59-1-10
of the Code of West Virginia, 1931, as amended, relating to certain
fees collected by clerks of the county commission; creating a new
recording fee for the recording of certain trustee's reports of
sale; providing for the distribution of certain fees paid to the
clerk of the county commission; and redirecting a portion of funds
currently retained by the county clerks to county general revenue.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 528 pass?"
On the passage of the bill, the yeas were: Boley, Bowman,
Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick,
Kessler, McCabe, Minard, Palumbo, Plymale, Snyder, Stollings,
Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr.
President)--23.
The nays were: Barnes, Browning, Chafin, K. Facemyer, Hall,
Jenkins, Laird, Oliverio and Prezioso--9.
Absent: Caruth and White--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. S.
B. No. 528) passed with its title, as amended, as a result of the
objections of the Governor.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Deem, Edgell,
D. Facemire, Fanning, Foster, Green, Guills, Helmick, Kessler,
McCabe, Minard, Palumbo, Plymale, Snyder, Stollings, Sypolt, Unger,
Wells, Williams, Yost and Tomblin (Mr. President)--23.
The nays were: Barnes, Browning, Chafin, K. Facemyer, Hall,
Jenkins, Laird, Oliverio and Prezioso--9.
Absent: Caruth and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. S.
B. No. 528) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Tomblin (Mr. 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
May 12, 2009
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 695.
Enrolled Committee Substitute for Senate Bill No. 695 amends
certain provisions of the Code of West Virginia pertaining to
payment for unused sick leave upon retirement. I must object to
this bill because its proposed title does not sufficiently reflect
the amendments it purports to make to the Code of West Virginia.
More specifically, the bill would remove the eligibility of certain
higher education employees to be paid for unused sick leave.
However, the title of the bill fails to mention this material
amendment. 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. 695 constitutionally defective.
For this reason, I must veto this legislation. Nevertheless,
I urge the Legislature to reconsider this bill to correct the title
and any other erroneous designations.
Very truly yours,
Joe Manchin III,
Governor.
Senator Chafin 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. 695, Relating to payment
for certain state employees' unused sick leave
.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 695, the same was put and prevailed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Enr. Com. Sub. for Senate Bill No. 695--An Act to amend and
reenact §5-5-6 of the Code of West Virginia, 1931, as amended,
relating to payment for unused sick leave; limiting employees to a
lifetime payment of $25,000; providing caps on the amount the daily
rate of pay is calculated by; removing eligibility of certain
higher education employees to receive payment for unused sick
leave; providing that payment may be made upon application and
verification that the employee is eligible for payment; and specifying provisions to be applied retroactively.
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: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and White--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr.
Com. Sub. for S. B. No. 695) passed with its title, as amended, as
a result of the objections of the Governor.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 695) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 150, Budget bill.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 150 (originating in the
Committee on Finance)--A Bill making appropriations of public money
out of the Treasury in accordance with section fifty-one, article
VI of the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 150) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, May 27, 2009, at 11 a.m.
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