sdj-64th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
EXTENDED SESSION, 2013
SIXTY-FOURTH DAY
____________
Charleston, W. Va., Wednesday, April 17, 2013
The Senate met at 5 p.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Honorable Brooks F. McCabe, Jr., a
senator from the seventeenth district.
Pending the reading of the Journal of Tuesday, April 16, 2013,
On motion of Senator Cole, 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 April 16, 2013, he had approved
Enr.
Senate Bill No. 458.
The Senate proceeded to the fourth order of business.
Senator Cookman, 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 April, 2013, 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. 2108), Making the offense of failure
to wear safety belts a primary offense.
(Com. Sub. for H. B. No. 2395), Relating to senior services.
(Com. Sub. for H. B. No. 2431), Modifying the application
process for obtaining a state license to carry a concealed deadly
weapon.
(Com. Sub. for H. B. No. 2553), Authorizing the Secretary of
State to administratively dissolve certain business entities.
(H. B. No. 2800), Relating to the Teachers' Retirement System.
(Com. Sub. for H. B. No. 2802), Relating to the Emergency
Medical Services Retirement System.
(H. B. No. 2814), Relating to human trafficking.
(Com. Sub. for H. B. No. 2815), Clarifying and modifying the
process of appointing and terminating guardians for minors.
(Com. Sub. for H. B. No. 2858), Relating generally to consumer
rate relief bonds.
(Com. Sub. for H. B. No. 2923), Relating to directors of
state-chartered banking institutions.
(Com. Sub. for H. B. No. 2940), Relating to regional meetings
among certain officials of county boards of education.
(Com. Sub. for H. B. No. 3003), Facilitating compliance with
the Tobacco Master Settlement Agreement.
(H. B. No. 3028), Expanding the number of hours temporary
state personnel may work in a calendar year.
(H. B. No. 3104), Authorizing certain legislative rules regarding higher education.
And,
(H. B. No. 3160), Providing for a pilot initiative on
governance of schools jointly established by adjoining counties.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Without objection, the Senate returned to the third order of
business.
Executive Communications
Senator Kessler (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
April 17, 2013
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
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. 2431. The bill's
title refers to a section of the Code that was not amended in the
body of the bill (§61-7-2) instead of the section that was amended
(§61-7-4), therefore rendering the bill constitutionally defective.
In view of the foregoing, I must veto Enrolled Committee
Substitute for House Bill No. 2431.
Sincerely,
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. 2431, Modifying the
application process for obtaining a state license to carry a
concealed deadly weapon.
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. 2431),
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. 2431, 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 bill:
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for House Bill No. 2431--An Act to amend and
reenact §61-7-4 and §61-7-7 of the Code of West Virginia, 1931, as
amended, all relating to the process for obtaining a state license
to carry a concealed deadly weapon; conforming state licensure law
to meet federal "Brady Exemption" requirements; clarifying certain
restrictions and prohibitions; clarifying effect of expungement,
pardons or reversal of prior offenses on permit applications;
clarifying training and certification requirements; and clarifying
background check requirements.
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: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
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 H. B. No. 2431) 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 (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
April 17, 2013
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 2814. The bill's enacting section refers
to a new article of the West Virginia Code that is not referenced
in the bill's title or included in the body of the bill, therefore
rendering the bill constitutionally defective. In addition, on
page 4, line 90, there is a nonfatal grammatical error, and the
line should be revised to read "he or she" instead of "her or she".
In view of the foregoing, I must veto Enrolled House Bill No. 2814.
Sincerely,
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. House Bill No. 2814, Prohibiting the federal government
from requiring state agencies to enforce the provisions of federal
health care legislation.
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. H. B. No. 2814), 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 House Bill No. 2814, the same
was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendment to the bill:
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §61-2-17 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:.
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: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 2814) 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 (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
April 17, 2013
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 3160.
The bill's title evidences a technical error. Specifically,
the title references the bill's "authorizing adoption of separate
and requests of waivers" without including the word "policies"
following the word "separate". Without the inclusion of the word
"policies", the title fails to reference the purpose of subsection
(b) of §18-5-11a, which permits the board to "adopt policies for
the school that are separate from the policies of the respective
counties". Moreover, there is an incorrect cross-reference in
subsection (c) of §18-5A-2a, on page 7, line 43-44, which refers to
"subdivisions (1) and (2), subsection (a) of this section." This
cross-reference should refer to "subsection (b) of this section"
because subsection (a) does not include subdivisions.
Further, there are also some nonfatal technical issues
relating to the designation of subsections, subdivisions,
paragraphs and subparagraphs in §18-5-11a. These issues begin on
page 4, line 57 with "(A)
Personnel." Because this should be a
subparagraph, (A) should be revised as a lower case Roman numeral,
(i), and the rest of the section should follow accordingly. Finally, on page 5, line 90, subsection (b) should be revised as
subsection (d) because there was a previous subsection with that
designation in the section.
In view of the foregoing, I hereby veto Enrolled House Bill
No. 3160.
Sincerely,
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. House Bill No. 3160, Providing for a pilot initiative on
governance of schools jointly established by adjoining counties.
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. H. B. No. 3160), 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 House Bill No. 3160, 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. House Bill No. 3160--An Act to amend and reenact §18-5-11
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto a new section, designated §18-5-11a; and to amend
said code by adding thereto a new section, designated §18-5A-2a,
all relating to joint establishment, maintenance and operation of
school by two or more adjoining counties; requiring formal
agreement for apportionment of acquisition costs; providing for
operating costs; providing net enrollment adjustment for certain
costs; providing for joint governing partnership board pilot
initiative; making findings with respect to pilot initiative and
purpose; establishing limitation and condition; providing features
of partnership board; authorizing adoption of separate policies and
requests of waivers; providing for modifications to local school
improvement council membership for jointly established school;
providing for modifications to local school improvement council
membership for jointly attended school under certain conditions;
and aligning authority of improvement council for proposing
alternatives and requesting waivers.
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: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 3160) 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.
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. 2014, 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. 2014, Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six 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. 2014 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, Doug Reynolds, Larry A. Williams,
Don C. Perdue, Everette W. Anderson, Jr., Allen V. Evans, Ray
Canterbury,
Conferees on the part of the House of Delegates.
Roman W. Prezioso, Jr.,
Chair, Douglas E. Facemire, Robert H.
Plymale, Ron Stollings, John R. Unger II, Mike Hall
(did not sign),
Dave Sypolt,
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.
Engrossed Committee Substitute for House Bill No. 2014, as
amended by the conference report, was then put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 2014 pass?"
On the passage of the bill, as amended, the yeas were:
Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall,
Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2014) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2014) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Prezioso, and by unanimous consent,
Senator Prezioso addressed the Senate commending the Budget
conferees and the Finance committee staff for their promptness in preparing the budget.
On motion of Senator Unger, the Senate recessed until 6 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the sixth order of business.
Senator Unger offered the following pre-adjournment
resolution:
Senate Resolution No. 70--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to notify the House of Delegates that the Senate has
completed its labors and is ready to adjourn
sine die.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Kessler (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators D. Hall, Cookman and Carmichael.
Senator Unger then offered the following resolution:
Senate Resolution No. 71--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn
sine die.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Under the provision of the foregoing resolution, Senator
Kessler (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate is ready to adjourn:
Senators Kirkendoll, Fitzsimmons and Walters.
Thereafter, the President recognized the presence of a three-
member delegation from the House of Delegates, namely:
Delegates Skinner, Young and Ambler, who announced that that
body had completed its labors and was ready to adjourn
sine die.
The President then acknowledged another delegation from the
House of Delegates, consisting of
Delegates Sponaugle, Tomblin and Raines, 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 Kirkendoll, Fitzsimmons and Walters, 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.
On motion of Senator Cookman, 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 Cookman, 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 19th day of April, 2013, 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. 208), Making supplementary appropriation from State
Fund, General Revenue, to Department of Commerce, Division of
Labor, and DHHR, Division of Human Services.
(S. B. No. 523), Making supplementary appropriation of
unappropriated moneys to various accounts.
(S. B. No. 524), Supplementing, amending, decreasing and
increasing appropriations from State Road Fund to DOT.
And,
(S. B. No. 526), Making supplementary appropriation of federal funds to DHHR, Division of Human Services-Temporary Assistance for
Needy Families.
Respectfully submitted,
Donald H. Cookman,
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, 2013, 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. 525), Making supplementary appropriation of federal
funds to various accounts.
(S. B. No. 664), Decreasing appropriations of public moneys in
State Fund, General Revenue.
(Com. Sub. for H. B. No. 2014), Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
(Com. Sub. for H. B. No. 2538), Expiring, supplementing,
amending, increasing, and adding items of appropriation in various
accounts.
And,
(H. B. No. 2541), Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the
Department of Health and Human Resources, Division of Human
Services.
Respectfully submitted,
Corey Palumbo,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Cookman, 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, 2013, 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. 2314), Authorizing a family court
judge to order a child to be taken into custody in emergency
situations.
(H. B. No. 2361), Relating to the definition of "eligible
veteran" for certain state training and employment preference
benefits.
(H. B. No. 2463), Repealing the article that permits the
sterilization of persons deemed to be mentally incompetent.
(Com. Sub. for H. B. No. 2521), Relating to the West Virginia
Contraband Forfeiture Act.
(Com. Sub. for H. B. No. 2652), Authorizing the Department of Administration to promulgate legislative rules.
(H. B. No. 2729), Allowing schools to voluntarily maintain and
use epinephrine auto-injectors.
(H. B. No. 2992), Eliminating duplicative reporting
requirements imposed on distributors of imported cigarettes.
(Com. Sub. for H. B. No. 3086), Relating to juvenile services
and criminal justice institutions.
And,
(H. B. No. 3159), Granting exceptions from certain compulsory
attendance statutes to the Monroe and Nicholas County school
systems.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Cookman, 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 April, 2013, 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. 65), Exempting PERS retirement income of DNR police
officers from state income tax.
(Com. Sub. for S. B. No. 195), Removing tax rate expiration date on eligible acute care hospitals.
(S. B. No. 214), Eliminating interview requirement for certain
medical licensee applicants.
(Com. Sub. for S. B. No. 243), Authorizing DEP promulgate
legislative rules.
(Com. Sub. for S. B. No. 281), Authorizing Department of
Transportation promulgate legislative rules.
(S. B. No. 331), Permitting Courthouse Facilities Improvement
Authority to issue bonds.
(Com. Sub. for S. B. No. 358), Relating to municipal policemen
and firemen pensions.
And,
(S. B. No. 387), Relating to family court judge supervision of
criminal background investigations.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Fitzsimmons, 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 25th day of April, 2013, 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. 101), Clarifying
Medical Professional Liability Act applies to nursing homes and
their health care providers.
(S. B. No. 194), Relating to DHHR contract procedures.
(Com. Sub. for S. B. No. 386), Relating to personal safety
orders.
(Com. Sub. for Com. Sub. for S. B. No. 437), Regulating
commercial dog-breeding operations.
(Com. Sub. for S. B. No. 440), Relating to disclosure of
specified tax information for enforcement of Tobacco Master
Settlement Agreement.
(Com. Sub. for S. B. No. 445), Allowing Tax Commissioner
divert lottery prizes to offset tax liabilities of lottery winners.
(S. B. No. 446), Conforming motor fuel taxes with
International Fuel Tax Agreement.
(S. B. No. 462), Extending time for informal conferences on
surface mining permit applications.
(S. B. No. 491), Relating to rental car license cost recovery
fee.
(Com. Sub. for S. B. No. 542), Relating to restricted races at
pari-mutuel thoroughbred horse race tracks.
(Com. Sub. for S. B. No. 544), Scheduling departmental
performance reviews.
(Com. Sub. for Com. Sub. for S. B. No. 553), Relating to
Highway Design-Build Program.
(Com. Sub. for S. B. No. 557), Continuing Preventive Care Pilot Program.
(S. B. No. 561), Establishing Tucker County Cultural District
Authority.
(Com. Sub. for S. B. No. 604), Expanding definition of
"electioneering communication".
(S. B. No. 658), Extending time for Madison City Council to
meet as levying body.
(H. B. No. 2158), Relating to the provision of
financially-related services by banks and bank holding companies.
(Com. Sub. for H. B. No. 2351), Authorizing law enforcement to
issue a charge by citation when making an arrest for driving with
a suspended or revoked license.
(Com. Sub. for H. B. No. 2352), Clarifying that the West
Virginia Department of Environmental Protection does not assume a
mine operator's obligations or liabilities under the Water
Pollution Control Act.
(Com. Sub. for H. B. No. 2399), Protecting livestock in dire
or extreme condition.
(Com. Sub. for H. B. No. 2453), Expanding the Amber Alert
Plan; "SKYLAR'S LAW".
(Com. Sub. for H. B. No. 2471), Prohibiting the restriction or
otherwise lawful possession, use, carrying, transfer,
transportation, storage or display of a firearm or ammunition
during a declared state of emergency.
(Com. Sub. for H. B. No. 2490), Providing for the appointment
of veterans advocates at state institutions of higher education.
(Com. Sub. for H. B. No. 2497), Requiring applicants for real
estate licensure to undergo criminal history record checks.
(Com. Sub. for H. B. No. 2505), Increasing civil penalties
imposed by the Public Service Commission for pipeline safety
violations.
(H. B. No. 2508), Changing the capital investment threshold
amount.
(Com. Sub. for H. B. No. 2512), Reforming the state Medicaid
subrogation statute.
(H. B. No. 2516), Updating the meaning of federal adjusted
gross income and certain other terms used in the West Virginia
Personal Income Tax Act.
(Com. Sub. for H. B. No. 2519), Relating to reallocation and
repatriation of certain funds to the General Revenue Fund.
(H. B. No. 2542), Relating to publication of the State
Register.
(Com. Sub. for H. B. No. 2548), Increasing the criminal
penalties for assaults and batteries against athletic officials.
(Com. Sub. for H. B. No. 2554), Providing a procedure for the
Secretary of State to reinstate certificates of authority for
foreign corporations.
(Com. Sub. for H. B. No. 2571), Relating to who may serve as
members of the environmental quality board.
(Com. Sub. for H. B. No. 2603), Relating to the Family
Protection Services Board.
(Com. Sub. for H. B. No. 2626), Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules.
(Com. Sub. for H. B. No. 2717), Requiring that deputy sheriffs
be issued ballistic vests upon law-enforcement certification.
(Com. Sub. for H. B. No. 2754), Relating to further defining
a retailer engaging in business in this state for purposes of sales
and use taxes. and
(Com. Sub. for H. B. No. 2762), Creating an exemption from
licensure as an adjuster for certain individuals who conduct data
entry into an automated claims adjudication system.
(Com. Sub. for H. B. No. 2819), Relating to the financial
oversight of entities regulated by the Insurance Commissioner.
(Com. Sub. for H. B. No. 2866), Providing an exception to
allow a resident of a dwelling house to discharge a firearm in a
lawful manner within five hundred feet.
And,
(H. B. No. 2968), Authorizing the use of an additional medium
for use in archiving the records.
Respectfully submitted,
Robert J. Fitzsimmons,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Fitzsimmons, 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 26th day of April, 2013, 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. 21), Creating Health Care Provider
Transparency Act.
(Com. Sub. for S. B. No. 74), Relating to jury service
qualification.
(Com. Sub. for S. B. No. 146), Collecting unpaid magistrate
court charges through income tax refund withholding.
(S. B. No. 190), Relating to public-private transportation
projects funding.
(Com. Sub. for S. B. No. 200), Relating to Eyewitness
Identification Act.
(Com. Sub. for Com. Sub. for S. B. No. 202), Creating WV Spay
Neuter Assistance Program and Fund.
(Com. Sub. for Com. Sub. for S. B. No. 336), Relating to
interscholastic athletics concussions and head injuries.
(Com. Sub. for S. B. No. 355), Relating to final wage payment
to discharged employees.
(S. B. No. 394), Relating to scholarships for dependent
children of law-enforcement officers who die in performance of
duty.
(S. B. No. 407), Relating generally to child support orders.
(Com. Sub. for S. B. No. 414), Clarifying hunting and fishing
license-issuing authorities.
(S. B. No. 423), Providing certain convicted persons reduction in sentence.
(Com. Sub. for S. B. No. 435), Continuing Municipal Home Rule
Pilot Program.
(S. B. No. 441), Relating to withdrawal of erroneous state tax
liens.
(S. B. No. 460), Exempting certain residents' active duty
military pay from state income tax.
(Com. Sub. for S. B. No. 461), Relating to procedures and
protections for child witnesses in domestic relations proceedings.
(Com. Sub. for S. B. No. 464), Regulating tanning facilities.
(Com. Sub. for S. B. No. 469), Clarifying service credit for
certain PERS members.
(Com. Sub. for S. B. No. 481), Relating to juvenile mental
health treatment.
(Com. Sub. for Com. Sub. for S. B. No. 498), Relating to
hearing location for Alcohol Beverage Control Administration's
appeal hearings.
(S. B. No. 504), Relating to cooperative associations.
(S. B. No. 515), Relating to use of television receivers and
other devices in vehicles.
(Com. Sub. for S. B. No. 534), Correcting internal code
reference regarding insurance information disclosure.
(Com. Sub. for S. B. No. 538), Relating generally to
disposition of domestic violence orders.
(Com. Sub. for S. B. No. 564), Increasing minimum construction
cost of municipal public works project before competitive bidding is required.
And,
(S. B. No. 601), Relating generally to juvenile offenders.
Respectfully submitted,
Robert J. Fitzsimmons,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Fitzsimmons, 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, 2013, 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. 2046), Requiring wireless
telecommunications companies to release location information of a
missing person's cell phone in a timely manner; the "Kelsey Smith
Act".
(Com. Sub. for H. B. No. 2357), Relating to sexting by minors.
(H. B. No. 2469), Increasing the cap on earnings during
temporary reemployment after retirement.
(Com. Sub. for H. B. No. 2470), Relating to sign support
specialist or an educational sign language interpreter in the
education of exceptional children.
(Com. Sub. for H. B. No. 2491), Establishing a uniform course completion policy for veteran students called up for active duty.
(Com. Sub. for H. B. No. 2498), Making it a crime for a person
sitting on a grand jury to disclose the identity of an individual
who will be indicted.
(Com. Sub. for H. B. No. 2513), Improving enforcement of
drugged driving offenses.
(Com. Sub. for H. B. No. 2514), Lowering the total amount of
tax credits available under the Film Industry Investment Act.
(Com. Sub. for H. B. No. 2531), Relating to the practice of
speech-language pathology and audiology.
(Com. Sub. for H. B. No. 2567), Relating to limited
partnerships.
(Com. Sub. for H. B. No. 2577), Relating to the practice of
pharmacist care.
(Com. Sub. for H. B. No. 2579), Revising state water quality
standard for Selenium.
(Com. Sub. for H. B. No. 2585), Increasing the time to file a
petition in response to notice of an increased assessment.
(Com. Sub. for H. B. No. 2590), Creating a public nonprofit
corporation and governmental instrumentality to collectively
address several environmental and economic development programs.
(Com. Sub. for H. B. No. 2600), Creating resort area
districts.
(Com. Sub. for H. B. No. 2608), Requiring appraisal management
companies to be registered.
(Com. Sub. for H. B. No. 2689), Authorizing miscellaneous Boards and Agencies to promulgate legislative rules.
(Com. Sub. for H. B. No. 2727), Relating to the school aid
formula.
(Com. Sub. for H. B. No. 2731), Regulating the performance of
health maintenance tasks by unlicensed personnel.
(Com. Sub. for H. B. No. 2733), Relating to hearings before
the Office of Administrative Hearings.
(Com. Sub. for H. B. No. 2805), Making the West Virginia
Supreme Court of Appeals Public Campaign Financing Pilot Program a
permanent program.
(Com. Sub. for H. B. No. 2806), Relating to administrative
remedies for prisoners generally.
(Com. Sub. for H. B. No. 2837), Amending various provisions of
the Code affecting the Treasurer's Office.
(H. B. No. 2847), Relating to the collection of delinquent
real property and personal property taxes.
(Com. Sub. for H. B. No. 2848), Providing the process for
requesting a refund after forfeiture of rights to a tax deed.
(H. B. No. 2851), Establishing a one time audit cost amnesty
program for local governments with delinquent audit costs.
(H. B. No. 2861), Relating to continued enrollment of at-risk
student in public school.
(Com. Sub. for H. B. No. 2913), Specifying procedures for
adjusting payments to correct for an erroneous distribution of
moneys dedicated, distributed or directed to a state or local
governmental subdivision.
(H. B. No. 2933), Providing notification to a prosecuting
attorney of an offender's parole hearing and release.
(H. B. No. 2956), Relating to resident brewers and brewpubs.
(Com. Sub. for H. B. No. 2960), Providing for internal and
external review of adverse health coverage determinations.
(Com. Sub. for H. B. No. 2964), Authorizing the mayor to
appoint chiefs of police and deputy chiefs of police.
(Com. Sub. for H. B. No. 2979), Relating to broadband
deployment projects.
(Com. Sub. for H. B. No. 3020), Improving boat dock and marina
safety.
(Com. Sub. for H. B. No. 3135), Relating generally to voting
system certification and procedures at the central counting center.
And,
(Com. Sub. for H. B. No. 3157), Restoring the authority,
flexibility, and capacity of schools and school systems to improve
student learning.
Respectfully submitted,
Robert J. Fitzsimmons,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Fitzsimmons, 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, 2013, 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. 22), Requiring maternity services
coverage for all health insurance plan dependents in certain
circumstances.
(S. B. No. 82), Relating to public service district board
membership.
(Com. Sub. for S. B. No. 103), Creating WV Commuter Rail
Access Act.
(S. B. No. 108), Creating Fatality and Mortality Review Team.
(Com. Sub. for S. B. No. 172), Relating to nonintoxicating
beer distributor licensees.
(Com. Sub. for Com. Sub. for S. B. No. 185), Relating to
alternative-fuel motor vehicles and qualified refueling
infrastructure tax credits.
(Com. Sub. for S. B. No. 250), Authorizing Department of
Commerce promulgate legislative rules.
(Com. Sub. for S. B. No. 265), Authorizing DHHR promulgate
legislative rules.
(Com. Sub. for S. B. No. 270), Authorizing Department of
Revenue promulgate legislative rules.
(Com. Sub. for S. B. No. 335), Permitting certain hospitals
exemption from certificate of need.
(Com. Sub. for S. B. No. 369), Relating to concealed handgun
license reciprocity.
(Com. Sub. for Com. Sub. for S. B. No. 371), Relating to
prison overcrowding.
(Com. Sub. for S. B. No. 401), Relating to Board of
Registration for Professional Engineers.
(S. B. No. 403), Relating to judicial retirement system
contribution rates.
(Com. Sub. for Com. Sub. for S. B. No. 426), Amending Uniform
Commercial Code.
(Com. Sub. for S. B. No. 438), Authorizing reorganization of
certain community and technical colleges.
(Com. Sub. for S. B. No. 444), Relating to higher education
generally.
(Com. Sub. for Com. Sub. for S. B. No. 454), Relating to
taxation of alternative motor fuels.
(S. B. No. 470), Permitting wine sale on Sunday mornings at
fairs and festivals.
(Com. Sub. for S. B. No. 477), Relating to electronic
registration of voters.
(Com. Sub. for S. B. No. 478), Redefining "video lottery
games"; permitting wagering by historic resort hotel employees.
(Com. Sub. for S. B. No. 482), Relating to sale of voter
registration lists.
(S. B. No. 489), Permitting community enhancement districts to
decrease annual property assessments.
(Com. Sub. for S. B. No. 527), Relating to process of filling
vacancies in certain elected offices.
(Com. Sub. for S. B. No. 535), Relating to process for
maintaining voter registration lists.
(Com. Sub. for S. B. No. 580), Relating generally to practice
of dentistry.
(Com. Sub. for S. B. No. 586), Relating to licensure of
barbers and cosmetologists.
(S. B. No. 596), Determining grant awards for Chesapeake Bay
and Greenbrier River watershed compliance projects.
(Com. Sub. for S. B. No. 630), Relating to Chief Technology
Officer's duties with regard to security of government information.
(S. B. No. 652), Requiring criminal background checks for home
inspector applicants.
(S. B. No. 663), Creating WV Feed to Achieve Act.
(Second Enrollment Com. Sub. for H. B. No. 2431), Modifying
the application process for obtaining a state license to carry a
concealed deadly weapon.
(Com. Sub. for H. B. No. 2534), Relating to the regulation of
pawn brokers.
(H. B. No. 2586), Relating to qualifications for a license to
practice embalming.
(Com. Sub. for H. B. No. 2716), Relating to the West Virginia
Fairness in Competitive Bidding Act.
(Com. Sub. for H. B. No. 2730), Relating to the Real Estate
Appraisal Board.
(Com. Sub. for H. B. No. 2738), Relating to the Center for
Nursing.
(Com. Sub. for H. B. No. 2747), Relating to Open Governmental
Proceedings.
(Com. Sub. for H. B. No. 2764), Relating to compulsory school
attendance.
(H. B. No. 2770), Permitting dealers who sell fewer than
eighteen new or used motor vehicles during a year to have their
dealer licenses renewed.
(H. B. No. 2780), Relating generally to multidisciplinary team
meetings for juveniles committed to the custody of the West
Virginia Division of Juvenile Services.
(Second Enrollment H. B. No. 2814), Relating to human
trafficking.
(Com. Sub. for H. B. No. 2825), Relating to certain appointive
state officers salaries.
(Com. Sub. for H. B. No. 2836), Allowing certain Commission on
Special Investigations personnel the right to carry firearms.
(H. B. No. 2842), Clarifying that time-sharing plans,
accommodations and facilities are subject to regulation by the
Division of Land Sales and Condominiums.
(Com. Sub. for H. B. No. 2888), Allowing members of a
policemen's civil service commission to serve on other local boards
and commissions.
(Com. Sub. for H. B. No. 2897), Declaring certain claims
against the state and its agencies to be moral obligations of the
state.
(H. B. No. 3043), Including methane monitoring equipment as eligible safety equipment for tax credit purposes.
(Com. Sub. for H. B. No. 3069), Relating to access to justice.
(Com. Sub. for H. B. No. 3139), Authorizing qualified
investigators employed by the Secretary of State to carry a firearm
and concealed weapon.
(Com. Sub. for H. B. No. 3145), Removing the existing maximum
quantities of beer that retailers can sell for off premises.
(Second Enrollment H. B. No. 3160), Providing for a pilot
initiative on governance of schools jointly established by
adjoining counties.
And,
(H. B. No. 3161), Repealing section relating to additional fee
to be collected for each marriage license issued.
Respectfully submitted,
Robert J. Fitzsimmons,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on April 17, 2013, he had approved
Enr.
Committee Substitute for Senate Bill No. 80, Enr. Committee
Substitute for Senate Bill No. 421, Enr. Senate Bill No. 571 and
Enr. Committee Substitute for House Bill No. 2395; on April 18,
2013, he had approved
Enr. Committee Substitute for Senate Bill No.
60, Enr. Committee Substitute for Senate Bill No. 71, Enr. Senate
Bill No. 383, Enr. Senate Bill No. 412, Enr. Committee Substitute
for Senate Bill No. 430, Enr. Committee Substitute for Senate Bill
No. 431, Enr. Senate Bill No. 496, Enr. Committee Substitute for
Senate Bill No. 638, Enr. Committee Substitute for House Bill No.
2940 and
Enr. House Bill No. 3104; on April 19, 2013, he had
approved
Enr. Committee Substitute for Senate Bill No. 145, Enr.
Committee Substitute for Committee Substitute for Senate Bill No.
158, Enr. Senate Bill No. 183, Enr. Committee Substitute for
Committee Substitute for Senate Bill No. 448, Enr. Senate Bill No.
463, Enr. House Bill No. 2800 and
Enr. Committee Substitute for
House Bill No. 2802; on April 22, 2013, he had approved
Enr. Senate
Bill No. 208, Enr. Senate Bill No. 523, Enr. Senate Bill No. 524,
Enr. Senate Bill No. 525, Enr. Senate Bill No. 526, Enr. Senate
Bill No. 664, Enr. Committee Substitute for House Bill No. 2014, Enr. Committee Substitute for House Bill No. 2108, Enr. House Bill
No. 2361, Enr. House Bill No. 2463, Enr. Committee Substitute for
House Bill No. 2521, Enr. Committee Substitute for House Bill No.
2538, Enr. House Bill No. 2541, Enr. Committee Substitute for House
Bill No. 2553, Enr. House Bill No. 2729, Enr. Committee Substitute
for House Bill No. 2815, Enr. Committee Substitute for House Bill
No. 2858, Enr. Committee Substitute for House Bill No. 2923, Enr.
House Bill No. 2992, Enr. Committee Substitute for House Bill No.
3003, Enr. House Bill No. 3028, Enr. Committee Substitute for House
Bill No. 3086 and
Enr. House Bill No. 3159; on April 29, 2013, he
had approved
Enr. Committee Substitute for Senate Bill No. 74, Enr.
Senate Bill No. 190, Enr. Senate Bill No. 194, Enr. Committee
Substitute for Senate Bill No. 200, Enr. Senate Bill No. 214, Enr.
Committee Substitute for Senate Bill No. 281, Enr. Committee
Substitute for Senate Bill No. 355, Enr. Committee Substitute for
Senate Bill No. 358, Enr. Committee Substitute for Senate Bill No.
386, Enr. Senate Bill No. 394, Enr. Senate Bill No. 407, Enr.
Committee Substitute for Senate Bill No. 414, Enr. Committee
Substitute for Senate Bill No. 461, Enr. Senate Bill No. 462, Enr.
Committee Substitute for Senate Bill No. 469, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 498, Enr.
Senate Bill No. 504, Enr. Senate Bill No. 515, Enr. Committee
Substitute for Senate Bill No. 534, Enr. Committee Substitute for
Senate Bill No. 538, Enr. Committee Substitute for Senate Bill No.
544, Enr. Committee Substitute for Senate Bill No. 557, Enr. Senate
Bill No. 561, Enr. Senate Bill No. 601, Enr. Senate Bill No. 658, Enr. Committee Substitute for House Bill No. 2046, Enr. House Bill
No. 2158, Enr. Committee Substitute for House Bill No. 2351, Enr.
Committee Substitute for House Bill No. 2352, Enr. Committee
Substitute for House Bill No. 2399, Enr. Committee Substitute for
House Bill No. 2453, Enr. Committee Substitute for House Bill No.
2491, Enr. Committee Substitute for House Bill No. 2497, Enr.
Committee Substitute for House Bill No. 2498, Enr. Committee
Substitute for House Bill No. 2505, Enr. House Bill No. 2508, Enr.
Committee Substitute for House Bill No. 2512, Enr. House Bill No.
2542, Enr. Committee Substitute for House Bill No. 2548, Enr.
Committee Substitute for House Bill No. 2554, Enr. Committee
Substitute for House Bill No. 2567, Enr. Committee Substitute for
House Bill No. 2579, Enr. Committee Substitute for House Bill No.
2590, Enr. Committee Substitute for House Bill No. 2762, Enr.
Committee Substitute for House Bill No. 2866, Enr. House Bill No.
2933, Enr. House Bill No. 2968 and
Enr. Committee Substitute for
House Bill No. 2979; on April 30, 2013, he had approved
Enr.
Committee Substitute for Committee Substitute for Senate Bill No.
101, Enr. Committee Substitute for Senate Bill No. 195, Enr.
Committee Substitute for Senate Bill No. 243, Enr. Senate Bill No.
423, Enr. Committee Substitute for Senate Bill No. 440, Enr. Senate
Bill No. 441, Enr. Committee Substitute for Senate Bill No. 445,
Enr. Senate Bill No. 446, Enr. Senate Bill No. 460, Enr. Committee
Substitute for Senate Bill No. 481, Enr. Senate Bill No. 491, Enr.
Committee Substitute for Senate Bill No. 542, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 553, Enr. Committee Substitute for Senate Bill No. 564, Enr. Committee
Substitute for Senate Bill No. 604, Enr. House Bill No. 2469, Enr.
Committee Substitute for House Bill No. 2470, Enr. Committee
Substitute for House Bill No. 2514, Enr. House Bill No. 2516, Enr.
Committee Substitute for House Bill No. 2519, Enr. Committee
Substitute for House Bill No. 2585, Enr. Committee Substitute for
House Bill No. 2608, Enr. Committee Substitute for House Bill No.
2626, Enr. Committee Substitute for House Bill No. 2652, Enr.
Committee Substitute for House Bill No. 2689, Enr. Committee
Substitute for House Bill No. 2754, Enr. Committee Substitute for
House Bill No. 2806, Enr. Committee Substitute for House Bill No.
2819, Enr. House Bill No. 2847, Enr. Committee Substitute for House
Bill No. 2848, Enr. Committee Substitute for House Bill No. 2913
and
Enr. Committee Substitute for House Bill No. 3135; on May 1,
2013, he had approved
Enr. Committee Substitute for Senate Bill No.
146, Enr. Committee Substitute for Committee Substitute for Senate
Bill No. 202, Enr. Committee Substitute for Senate Bill No. 335,
Enr. Committee Substitute for Committee Substitute for Senate Bill
No. 336, Enr. Senate Bill No. 369, Enr. Senate Bill No. 387, Enr.
Committee Substitute for Senate Bill No. 444, Enr. Committee
Substitute for Senate Bill No. 464, Enr. Senate Bill No. 652, Enr.
Committee Substitute for House Bill No. 2357, Second Enrollment
Enr. Committee Substitute for House Bill No. 2431, Enr. Committee
Substitute for House Bill No. 2490, Enr. Committee Substitute for
House Bill No. 2513, Enr. Committee Substitute for House Bill No.
2534, Enr. Committee Substitute for House Bill No. 2571, Enr. House Bill No. 2586, Enr. Committee Substitute for House Bill No. 2603,
Enr. Committee Substitute for House Bill No. 2716, Enr. Committee
Substitute for House Bill No. 2717, Enr. Committee Substitute for
House Bill No. 2727, Enr. Committee Substitute for House Bill No.
2764, Enr. House Bill No. 2770, Enr. House Bill No. 2780, Enr.
Committee Substitute for House Bill No. 2805, Second Enrollment
Enr. House Bill No. 2814, Enr. Committee Substitute for House Bill
No. 2825, Enr. House Bill No. 2842, Enr. House Bill No. 2851, Enr.
Committee Substitute for House Bill No. 2888, Enr. Committee
Substitute for House Bill No. 2897, Enr. Committee Substitute for
House Bill No. 2960, Enr. Committee Substitute for House Bill No.
3069 and
Enr. Committee Substitute for House Bill No. 3145; on May
2, 2013, he had approved
Enr. Committee Substitute for Senate Bill
No. 22, Enr. Committee Substitute for Senate Bill No. 103, Enr.
Committee Substitute for Senate Bill No. 172, Enr. Committee
Substitute for Senate Bill No. 265, Enr. Committee Substitute for
Senate Bill No. 270, Enr. Committee Substitute for Committee
Substitute for Senate Bill No. 371, Enr. Committee Substitute for
Senate Bill No. 401, Enr. Senate Bill No. 403, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 426, Enr.
Committee Substitute for Senate Bill No. 438, Enr. Senate Bill No.
470, Enr. Committee Substitute for Senate Bill No. 477, Enr. Senate
Bill No. 489, Enr. Senate Bill No. 596, Enr. Committee Substitute
for House Bill No. 2600, Enr. Committee Substitute for House Bill
No. 2730, Enr. Committee Substitute for House Bill No. 2747 and
Enr. Committee Substitute for House Bill No. 2837; on May 3, 2013, he had approved
Enr. Senate Bill No. 82, Enr. Senate Bill No. 108,
Enr. Committee Substitute for Committee Substitute for Senate Bill
No. 185, Enr. Committee Substitute for Senate Bill No. 250, Enr.
Committee Substitute for Senate Bill No. 435, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 437, Enr.
Committee Substitute for Committee Substitute for Senate Bill No.
454, Enr. Committee Substitute for Senate Bill No. 478, Enr.
Committee Substitute for Senate Bill No. 482, Enr. Committee
Substitute for Senate Bill No. 527, Enr. Committee Substitute for
Senate Bill No. 535, Enr. Committee Substitute for Senate Bill No.
580, Enr. Committee Substitute for Senate Bill No. 586, Enr.
Committee Substitute for Senate Bill No. 630, Enr. Senate Bill No.
663, Enr. Committee Substitute for House Bill No. 2314, Enr.
Committee Substitute for House Bill No. 2471, Enr. Committee
Substitute for House Bill No. 2531, Enr. Committee Substitute for
House Bill No. 2577, Enr. Committee Substitute for House Bill No.
2731, Enr. Committee Substitute for House Bill No. 2733, Enr.
Committee Substitute for House Bill No. 2836, Enr. House Bill No.
2861, Enr. House Bill No. 2956, Enr. Committee Substitute for House
Bill No. 2964, Enr. Committee Substitute for House Bill No. 3020,
Enr. House Bill No. 3043, Enr. Committee Substitute for House Bill
No. 3139, Enr. Committee Substitute for House Bill No. 3157, Second
Enrollment Enr. House Bill No. 3160 and
Enr. House Bill No. 3161.
Veto Messages
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 29, 2013
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 Senate Bill No. 21. This bill
requires in its §16-1C-2 that employees of a health care provider
wear an identification badge when providing direct patient care.
The applicability of this section to certain employers, however, is
questionable because of an incorrect cross-reference on page 4,
line 1 of the Enrolled Committee Substitute. This cross-reference
should refer to section "two" instead of section "three".
Moreover, page 2, line 1 contains a similar error. Page 2, line 1
should refer the reader to section "two" rather than section
"three".
Because these internal cross-references in the bill are
incorrect, I must veto the legislation.
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
May 3, 2013
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. 65. This bill would authorize the
Division of Natural Resources police officers in the Public
Employees Retirement System ("PERS") to deduct their retirement
income in calculating their personal income taxes. I have serious
concerns about providing disparate tax treatment to a very narrow
class of retirees within PERS. Moreover, the bill creates a risk
that the class will be expanded through litigation to include other
retirees within PERS seeking the same tax treatment.
For the aforementioned reasons, I hereby disapprove of
Enrolled Senate Bill No. 65.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Jeffrey V. Kessler
The Honorable Richard Thompson
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
May 3, 2013
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. 331. This bill provides the West Virginia
Courthouse Facilities Improvement Authority (the "Authority") with
the ability to issue bonds to raise funds for paying the costs of
approved modifications or construction of courthouse facilities.
Under this bill, the debt payments on the bonds would be made from
funds deposited into a special revenue account known as the
Courthouse Facilities Improvement Fund (the "Fund"). The Fund is
comprised solely of special fees charged at county courthouses
including a certain portion of marriage license fees, civil action
filing fees, and fees for licenses to carry a concealed weapon. As
I understand it, the amount of fees deposited into the Fund has
remained steady at approximately $2 million annually.
While I applaud the general intent of the bill to provide
additional funding for our aging courthouses, I am concerned about
the prospect of encumbering all or part of the fees that the Authority receives, for a period of up to thirty years, to pay debt
service. The Authority already utilizes these fees to run its
daily operations and to provide grants to renovate courthouse
facilities. Absent any additional appropriations from the
Legislature, I believe that the potential long-term funding issues
facing the Authority significantly outweigh the positive attributes
of this bill.
For the aforementioned reasons, I hereby veto Enrolled Senate
Bill No. 331.
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
May 3, 2013
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. 2738. Although the purpose of the bill is well-intentioned, the bill embraces more
than one object in violation of the Constitution of West Virginia.
See W. Va. Const. art. VI, §30.
The title of Enrolled Committee Substitute for House Bill No.
2738 states "all relating generally to administration of financial
aid and higher education scholarship programs by the Higher
Education Policy Commission". The bill, however, also amends the
article establishing the Center of Nursing, including provisions
relating to the powers and duties of the Center and its board of
directors. These provisions do not relate to the HEPC's
administration of financial aid or scholarships, and they
constitute a separate and distinct object from that set forth in
the title of the bill.
For the aforementioned reasons, I hereby disapprove of
Enrolled Committee Substitute for House Bill No. 2738.
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 Kirkendoll, from the select committee to notify His
Excellency, the Governor, that the Senate is ready to adjourn
sine
die, returned to the chamber and was recognized by the President.
Senator Kirkendoll then reported this mission accomplished.
Thereupon,
On motion of Senator Unger, the Senate adjourned
sine die.
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