sdj-68th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
EXTENDED SESSION, 2006
SIXTY-EIGHTH DAY
____________

Charleston, W. Va., Sunday, March 19, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Steve Harrison, a senator from the eighth district.
Pending the reading of the Journal of Saturday, March 18, 2006,
On motion of Senator Oliverio, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the fifth order of business.
Senator Helmick, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill No. 125, Budget bill.
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 House to Engrossed Committee Substitute for Senate Bill No. 125 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 House, striking out everything after the enacting clause, and agree to the same as follows:
[See text of Budget Bill, SB125 sub1 enr]
Respectfully submitted,
Walt Helmick, Chair, William R. Sharpe, Jr., Robert H. Plymale, Roman W. Prezioso, Jr., Sarah M. Minear, Karen L. Facemyer, Conferees on the part of the Senate.
Harold K. Michael, Chair, John Doyle, Margarette R. Leach, K. Steven Kominar, Richard Browning, Mike Hall, Conferees on the part of the House of Delegates.
On motions of Senator Helmick, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for Senate Bill No. 125, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Bailey, Barnes, Boley, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Harrison--1.
Absent: Bowman and Deem--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 125) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Harrison--1.
Absent: Bowman and Deem--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 125) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed until 11:45 a.m. today.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
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

March 17, 2006

The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4172.
Enrolled Committee Substitute for House Bill No. 4172 authorizes the promulgation of certain legislative rules by the Department of Administration. Unfortunately, I must object to this bill because its proposed title does not fully indicate the amendments made throughout the body of the bill, in particular section one, article one, chapter sixty-four. 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.
Notwithstanding this action, I urge the Legislature to amend the title and any other erroneous designations and return the bill for approval.
With warmest regards,
Joe Manchin III
Governor.
cc:

The Honorable Earl Ray Tomblin

The Honorable Betty Ireland
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, to take effect from passage, of
Enr. Com. Sub. for House Bill No. 4172, Authorizing the Department of Administration to promulgate legislative rules.
On motion of Senator Chafin, the message was taken up for immediate consideration.
Senator Chafin 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. 4172), 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 House Bill No. 4172, the same was put and prevailed.
On motion of Senator Chafin, the Senate concurred in the following House of Delegates amendment to the title of the bill:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Enr. Com. Sub. for House Bill No. 4172--An Act to amend and reenact §64-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact article 2, chapter 64 of said code , all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; the promulgation of administrative rules by the Department of Administration and the procedures relating thereto; legislative mandate or authorization; the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; disapproving certain rules; authorizing the Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to selecting design-builders under the Design-Build Procurement Act; disapproving promulgation of a rule by the Department of Administration relating to cannibalization of state property; disapproving promulgation of a rule by the Department of Administration relating to waste disposal of state property; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeals; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Defined Benefit Plan; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; authorizing the Ethics Commission to promulgate a legislative rule relating to the commission; authorizing the Ethics Commission to promulgate a legislative rule relating to complaints, investigations and hearings; authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying; authorizing the Ethics Commission to promulgate a legislative rule relating to a code of conduct for administrative law judges; authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records; authorizing the Ethics Commission to promulgate a legislative rule relating to compliance audits; and authorizing the Ethics Commission to promulgate a legislative rule relating to ethics training requirements for designated public officials.
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: Bailey, Barnes, Boley, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Yoder--1.
Absent: Bowman, Deem and Oliverio--3.
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. 4172) 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: Bailey, Barnes, Boley, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Yoder--1.
Absent: Bowman, Deem and Oliverio--3.
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 H. B. No. 4172) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of the committee of conference report, passage as amended by the conference report, to take effect from passage, as to
Eng. Com. Sub. for Senate Bill No. 125, Budget bill.
The Senate proceeded to the fourth order of business.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has conducted a complete examination of the Senate Clerk's office; and in compliance with the Rules of the Senate, reports that it has found all papers belonging to said office properly filed, labeled and put away in presses; and that the books belonging to the office are chronologically arranged.
In the opinion of the committee, the office is being handled in a proper, efficient and commendable manner.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
The Senate proceeded to the sixth order of business.
At the request of Senator Chafin, unanimous consent being granted, Senator Chafin offered the following resolution from the floor:
Senate Resolution No. 53--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
Senators Jenkins, Dempsey and Harrison.
At the request of Senator Chafin, and by unanimous consent, Senator Chafin offered the following resolution from the floor:
Senate Resolution No. 54--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Under the provision of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate is ready to adjourn:
Senators Sharpe, Fanning and Boley.
Thereafter, the President recognized the presence of a three- member delegation from the House of Delegates, namely:
Delegates Susman, Butcher and Trump, who announced that that body had completed its labors and was ready to adjourn sine die.
Thereafter, Delegates Susman, Butcher and Trump then 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 Sharpe, Fanning and Boley, 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 White, 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 White, 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 March, 2006, 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. 245), Creating Consolidated Local Government Act.
(S. B. No. 773), Relating to certificate of need standards.
(Com. Sub. for H. B. No. 2118), Providing for reimbursement to the bail bondsman for the amount of a forfeited bond under certain circumstances.
(Com. Sub. for H. B. No. 4021), Relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee.
(H. B. No. 4698), Changing the filing time for a subcontractor's lien.
(H. B. No. 4855), Making a supplementary appropriation to the department of education and the arts, department of environmental protection, department of health and human resources, etc...
(H. B. No. 4856), Making a supplementary appropriation to the department of commerce - miners' health, safety and training fund .
(H. B. No. 4857), Making a supplementary appropriation to the department of administration - children's health insurance agency, to the department of commerce - division of natural resources, to the department of transportation - public port authority, etc.
And,
(H. B. No. 4858), Supplementary appropriation, secretary of state - state election fund.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of March, 2006, 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:
(H. B. No. 2016), Increasing the maximum number of magistrate court deputy clerks that may be appointed from sixty-two to seventy-two.
(H. B. No. 4007), Relating to updating appraisal standards employed by the Public Land Corporation.
(H. B. No. 4018), Relating to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction.
(H. B. No. 4116), Increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000.
(Com. Sub. for H. B. No. 4276), Updating the regulation of the practice of landscape architecture.
(H. B. No. 4279), Relating to the Massage Therapy Licensure Board.
(H. B. No. 4311), Continuing of the Department of Environmental Protection.
(Com. Sub. for H. B. No. 4313), Relating to petitions of appeal of domestic violence emergency protective orders.
(H. B. No. 4321), Relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement.
(H. B. No. 4368), Relating to penalties imposed against licensed wine sellers for ABC violations.
(H. B. No. 4386), Ratifying the National Crime Prevention and Privacy Compact.
(H. B. No. 4392), Continuing of the West Virginia Conservation Agency.
(H. B. No. 4445), Permitting the Director of the Division of Forestry to recover costs incurred in fighting fires.
(Com. Sub. for H. B. No. 4453), Clarifying the powers and duties of conservation officers as it relates to searches and seizures.
(Com. Sub. for H. B. No. 4489), Testing of electronic voting machines used for early voting in order to allow their use on election day.
(H. B. No. 4510), Removing language requiring the commission to maintain a registry and census of persons who are deaf or hard of hearing.
(H. B. No. 4550), Clarifying current law requiring legislative approval of final designation of streams of special concern.
(H. B. No. 4569), Extending the time for the county commission of Harrison County, West Virginia, to meet as a levying body.
(Com. Sub. for H. B. No. 4596), Relating to the Director of the Office of Miners' Health, Safety and Training.
(H. B. No. 4606), Removing the requirement that complaints against licensees under the Real Estate Licensing Act be verified.
(H. B. No. 4721), Relating to the authorization of special messengers appointed by the County Clerk to deliver the ballot box to the central county center.
And,
(H. B. No. 4842), Relating to the Skiing Responsibility Act.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of March, 2006, 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:
(H. B. No. 2136), Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants.
(Com. Sub. for H. B. No. 2146), Relating to payment to magistrates who serve temporarily outside their elected counties.
(H. B. No. 2329), Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program.
(Com. Sub. for H. B. No. 2548), The Diabetes Care Plan Act.
(Com. Sub. for H. B. No. 2947), Requiring payments for delinquent real estate taxes submitted fourteen days prior to the date of the sheriff's sale, be made by cashiers check, money order, certified check or United States currency.
(Com. Sub. for H. B. No. 3201), Relating to the compensation of secretary-clerks to family court judges.
(Com. Sub. for H. B. No. 4008), Relating to authorizing city and county housing authorities to merge to form a regional housing authority.
(H. B. No. 4075), Relating to the dedication of moneys to the Regional Jail Partial Reimbursement Fund.
(Com. Sub. for H. B. No. 4120), Authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners' Association.
(Com. Sub. for H. B. No. 4210), Authorizing the Department of Commerce to promulgate legislative rules.
(Com. Sub. for H. B. No. 4240), Changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College.
(Com. Sub. for H. B. No. 4256), Providing a procedure for removal of county, district or municipal officers.
(H. B. No. 4383), Continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the insurance commissioner .
(H. B. No. 4437), Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights.
(Com. Sub. for H. B. No. 4454), Relating to wages withheld from an employee.
(H. B. No. 4458), Relating to the sale of bulk data in electronic format from the Uniform Commercial Code and Corporation Data Bases.
(H. B. No. 4470), Updating the definition of "medicare supplement policy".
(H. B. No. 4472), Including family court jurisdiction in all proceedings concerning grandparent visitation.
(H. B. No. 4479), Relating to Manufactured Housing Construction and Safety Standards.
(Com. Sub. for H. B. No. 4491), Establishing the third week of October as Disability History Week for the State of West Virginia.
(H. B. No. 4494), Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
(H. B. No. 4580), Creating the "special district excise tax administration fund" in the State Treasury.
(Com. Sub. for H. B. No. 4630), Creating a Voluntary Compliance Program based on listed transactions considered abusive by the Internal Revenue Service.
(Com. Sub. for H. B. No. 4661), Continuing the Board of Registered Professional Nurses rule relating to dialysis technicians.
(H. B. No. 4683), Establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult.
And,
(H. B. No. 4774), Allowing the Secretary of State's Office to amend it rule to allow for the sale of the code of state rules.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 24th day of March, 2006, 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. 125), Budget bill.
(S. B. No. 793), Making supplementary appropriation from State Fund, General Revenue, to various accounts.
(S. B. No. 794), Expiring funds to unappropriated surplus balance State Fund, General Revenue, to various accounts and making supplementary appropriation to various accounts.
And,
(S. B. No. 795), Making supplementary appropriation from State Fund, General Revenue, to Department of Military Affairs and Public Safety, Office of Emergency Services.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, 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 March, 2006, 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. 217), Continuing Board of Osteopathy.
(Com. Sub. for S. B. No. 357), Authorizing Department of Revenue promulgate legislative rules.
(Com. Sub. for S. B. No. 439), Strengthening one-call system requirements for excavators' damage.
(S. B. No. 443), Continuing hazardous waste management fee.
(S. B. No. 480), Relating to time period for paying criminal proceedings costs.
(S. B. No. 503), Providing pay raise for State Police; temporary promotions.
(S. B. No. 516), Finding and declaring claims against state.
(Com. Sub. for S. B. No. 517), Requiring multidisciplinary treatment team for certain juveniles.
(S. B. No. 556), Relating to state parks and recreation system operational contracts.
(S. B. No. 566), Amending Crime Victims Compensation Act.
(S. B. No. 581), Amending definition of "person" relating to motor fuel excise tax.
(Com. Sub. for S. B. No. 603), Renaming day after Thanksgiving Day as Lincoln's Day.
(Com. Sub. for S. B. No. 728), Requiring background checks on certain emergency dispatch center employees; wireless enhanced 911 fee money distribution.
(Com. Sub. for S. B. No. 767), Authorizing business registration certificate revocation of employer in default.
(S. B. No. 772), Providing for subrogation rights for James "Tiger" Morton Catastrophic Illness Commission.
(Com. Sub. for H. B. No. 4444), Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands.
(H. B. No. 4622), Increasing coal bed methane permit fees.
(Com. Sub. for H. B. No. 4625), Extending certain authority to professional personnel designee of school principal.
(Com. Sub. for H. B. No. 4626), Including private schools, parochial schools, church schools, and other schools operated by a religious order in state student teaching programs.
(H. B. No. 4632), Relating to employing homeland security and emergency service personnel.
(H. B. No. 4654), Relating to the West Virginia Retiree Health Benefit Trust Fund.
(H. B. No. 4685), Arthritis Prevention Education Act.
(Com. Sub. for H. B. No. 4694), Relating to abuse and neglect of children.
(H. B. No. 4728), Increasing the membership of the Environmental Protection Advisory Council from seven to eight members.
(Com. Sub. for H. B. No. 4790), Prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement.
And,
(H. B. No. 4850), Expediting the sunrise application process.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 29th day of March, 2006, 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. 183), Creating certain special license plates.
(Com. Sub. for S. B. No. 299), Authorizing various executive or administrative agencies promulgate legislative rules.
(Com. Sub. for S. B. No. 353), Authorizing Department of Transportation promulgate legislative rules.
(Com. Sub. for S. B. No. 692), Conforming consumers sales and service tax law to requirements of Streamlined Sales and Use Tax Agreement.
(S. B. No. 786), Exempting certain severance wages from personal income tax.
(Com. Sub. for H. B. No. 2235), Increasing salaries for magistrate clerks, magistrate assistants and magistrate deputy clerks.
(Com. Sub. for H. B. No. 2328), Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings.
(Com. Sub. for H. B. No. 2638), Increasing the amount of allowable equity investments in municipal police and fire pension plans.
(Com. Sub. for H. B. No. 3119), Providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting.
(Com. Sub. for H. B. No. 3213), Creating the offenses of malicious assault, unlawful assault, battery and recidivism of battery, assault on a driver, conductor, captain or other person in charge of any vehicle used for public conveyance.
(Com. Sub. for H. B. No. 4015), Relating to funding of the Revenue Shortfall Reserve Fund.
(Com. Sub. for H. B. No. 4023), Raising the minimum wage in accordance with legislation now pending before Congress.
(Com. Sub. for H. B. No. 4030), Relating to limiting the administration of a Voluntary Contribution Fund or similar benefit plan by members and employees of the West Virginia State Police.
(Com. Sub. for H. B. No. 4031), Relating to the Purchasing Division of the Department of Administration.
(Com. Sub. for H. B. No. 4032), Relating to authorizing the Consolidated Public Retirement Board to recover the payment and a fee, as provided by legislative rule, from a participating employer who fails to timely pay amounts due.
(Com. Sub. for H. B. No. 4036), Relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties.
(H. B. No. No. 4048), Placing limitations on the use of eminent domain.
(Com. Sub. for H. B. No. 4049), Relating to state funded student financial aid.
(Com. Sub. for H. B. No. 4100), Providing a salary increase for elected county officials.
(Com. Sub. for H. B. No. 4108), Allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally.
(H. B. No. 4112), Extending the time for the County Commission of Mineral County, West Virginia, to meet as a levying body.
(Com. Sub. for H. B. No. 4119), Creating the ATV Responsibility Act.
(Second Enrollment for Com. Sub. for H. B. No. 4172), Authorizing the Department of Administration to promulgate legislative rules.
(Com. Sub. for H. B. No. 4192), Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.

(H. B. No. 4295), Establishing a bird dog training permit.

(Com. Sub. for H. B. No. 4296), Providing employer immunity from liability for disclosing job-related information concerning an employee or former employee to a prospective employer.
(H. B. No. 4307), Extending the weekend driving privileges of antique motor vehicles and motorcycles.
(H. B. No. 4312), Increasing the compensation of child support enforcement attorneys.
(Com. Sub. for H. B. No. 4353), Requiring law enforcement officers have a valid complaint, signed by a magistrate or municipal judge, with a showing of probable cause before reporting said offense to the commissioner of the department of motor vehicles.
(H. B. No. 4355), Providing for the temporary detention of juveniles who are the named respondent in an emergency domestic violence protective order when the juvenile resides with the petitioner.
(Com. Sub. for H. B. No. 4379), Relating to insurance coverage for mammograms, pap smears and human papillmovavirus.
(H. B. No. 4406), Removing the requirement to evaluate certain classroom teachers at least every three years.
(Com. Sub. for H. B. No. 4456), Removing limitations on beaver trapping.
(Com. Sub. for H. B. No. 4481), Establishing a permissive provision for using ballot-scanning devices for election night tabulations.
(H. B. No. 4484), Extending the time for the county commission of Marion County, West Virginia, to meet as a levying body.
(Com. Sub. for H. B. No. 4488), Creating a commission to complete a comprehensive study of the state's behavioral health system.
(Com. Sub. for H. B. No. 4498), Relating to fees for licensing of money service businesses.
(Com. Sub. for H. B. No. 4513), Transferring authority to the Insurance Commissioner regarding employers in default to old workers' compensation fund .
(Com. Sub. for H. B. No. 4536), Improving competition among telephone public utilities providing landline services.
(Com. Sub. for H. B. No. 4565), Establishing section of vital statistics in Bureau for Public Health.
(Com. Sub. for H. B. No. 4588), Creating a crime for concealing a human body of a victim of a murder, voluntary manslaughter or involuntary manslaughter and prescribing penalties therefor.
(H. B. No. 4598), Eliminating the requirement for combined oil and gas returns for purposes of property taxes, and to further define the information that may be released.
(Com. Sub. for H. B. No. 4601), Increasing the amount transferred to the Special Operating Fund in the State Treasury for the Auditor's Public Utilities Division and dedicate the increased amount to pay for public utility litigation expenses.
(H. B. No. 4651), Relating to continuing the statewide poison center generally.
(H. B. No. 4679), Relating to qualified charitable gift annuities.
(H. B. No. 4792), Authorizing the purchasing of certain services from a bank or trust company or an affiliate of a bank or trust company.
(H. B. No. 4846), Providing one-time supplements to certain annuitants.
And,
(H. B. No. 4847), Relating to group limited health benefits insurance plans.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, 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 March, 2006, 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. 47), Prohibiting local ordinances from discriminating against factory-built housing.
(Com. Sub. for S. B. No. 107), Relating to venue for certain suits against state.
(Com. Sub. for S. B. No. 174), Relating to State Police Death, Disability and Retirement Fund benefits.
(S. B. No. 211), Continuing Board of Professional Surveyors.
(S. B. No. 212), Continuing Board of Dental Examiners.
(S. B. No. 223), Relating to examination of insurance and health care entities.
(Com. Sub. for S. B. No. 350), Authorizing Department of Health and Human Resources promulgate legislative rules.
(Com. Sub. for S. B. No. 467), Amending group life insurance requirements.
(S. B. No. 484), Utilizing community corrections programs in pretrial supervision.
(Com. Sub. for S. B. No. 490), Providing gasoline excise tax exemption for certain county aging programs.
(Com. Sub. for Com. Sub. for S. B. No. 492), Providing indemnity agreements in motor carrier transportation contracts void.
(S. B. No. 497), Repealing requirement nonresidents post security for court costs.
(Com. Sub. for S. B. No. 554), Clarifying use of Forensic Medical Examination Fund for certain nurses' training.
(S. B. No. 609), Relating to time period for filing senior citizens' property tax credit claim.
(S. B. No. 626), Requiring annual personal income tax withholding reconciliations.
(S. B. No. 636), Relating to Court Security Fund's administrative costs.
(S. B. No. 680), Relating to Unified Carrier Registration System.
(S. B. No. 760), Allowing former WVU School of Mines' Director serve on Mine Inspectors' Examining Board.
(S. B. No. 790), Relating to workers' compensation decision appeals.
(Com. Sub. for H. B. No. 3295), Increasing certain fees charged to collect delinquent taxes.
(Com. Sub. for H. B. No. 4004), Relating to the use of a traffic law photo-monitoring device to detect traffic law violations.
(Com. Sub. for H. B. No. 4135), Authorizing the Department of Environmental Protection to promulgate legislative rules.
(Com. Sub. for H. B. No. 4272), Clarifying the language regarding requirements for a Class BG stamp.
(H. B. No. 4283), Providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process.
(Com. Sub. for H. B. No. 4431), Allowing the clerk of the county commission to set reasonable fees charged for electronic or other medium versions of documents recorded in the office of clerk of the county commission.
(Com. Sub. for H. B. No. 4486), Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses.
(H. B. No. 4487), Allowing an individual, who is at least sixteen years of age, to be in the vehicle to assist the Class Q permittee.
(Com. Sub. for H. B. No. 4490), Relating generally to the regulation of selling new or used vehicles.
(H. B. No. 4595), Authorizing the Board of Treasury Investments to retain, rather than require it to retain, one employee with a chartered financial analyst designation.
(H. B. No. 4611), Providing immunity from civil liability for death or injury to any person or damage to any property caused by a duly qualified mine rescue team.
(Com. Sub. for H. B. No. 4690), Making West Virginia University Institute of Technology a division of West Virginia University.
(H. B. No. 4849), Relating to the West Virginia Sunset Law.
And,
(H. B. No. 4854), Expert opinions of licensed psychologists in the treatment and evaluation of children and taking testimony of child witnesses.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 31st day of March, 2006, 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. 112), Establishing Alzheimer's Disease Registry.
(Com. Sub. for S. B. No. 127), Relating to regional education service agencies.
(S. B. No. 166), Restructuring Parole Board.
(Com. Sub. for S. B. No. 173), Relating to public employees preretirement death benefits.
(Com. Sub. for Com. Sub. for S. B. No. 219), Changing expiration date of graduated driver's licenses; prohibiting cell phone use by certain minors.
(S. B. No. 362), Requiring Tax Commissioner disclose certain information to Consolidated Public Retirement Board.
(S. B. No. 419), Providing Public Service Commission jurisdiction for certain alternative sewer service methods.
(S. B. No. 438), Regulating title insurance rates.
(S. B. No. 461), Clarifying water supply replacement requirements for surface mine operators.
(S. B. No. 483), Providing confidentiality of circuit court records involving guardianship of minors.
(S. B. No. 538), Relating to state employees' deferred compensation plan.
(S. B. No. 557), Removing requirement for Shady Spring Turnpike interchange construction.
(S. B. No. 578), Allowing Public Service Commission to order takeover of certain utilities.
(S. B. No. 605), Relating to personal property tax receipt as prerequisite proof for vehicle registration.
(S. B. No. 632), Relating to disclosure of electioneering communications.
(S. B. No. 693), Removing certain Court of Claims' review procedures.
(S. B. No. 759), Creating Highway Design-Build Procurement Act.
And,
(S. B. No. 788), Relating to elections.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 3rd day of April, 2006, 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. 11), Adding circuit court judge to twenty-third judicial circuit.
(Com. Sub. for S. B. No. 18), Granting tuition waivers to children and spouses of parole and probation officers killed in line of duty.
(S. B. No. 32), Relating to educational opportunities for children of military personnel.
(Com. Sub. for Com. Sub. for S. B. No. 53), Changing ratio of school nurses to enrollment.
(Second Enrollment S. B. No. 370), Creating personal property tax exemption for certain property used exclusively in agriculture.
(Com. Sub. for S. B. No. 468), Amending group accident and sickness insurance requirements.
(S. B. No. 496), Allowing out-of-state transport of legally obtained game.
(Com. Sub. for S. B. No. 511), Relating to municipal policemen's and firemen's pension funds.
(S. B. No. 558), Providing salary adjustments for certain appointive state officers.
(S. B. No. 587), Relating to increment pay for certain higher education faculty.
(S. B. No. 598), Relating to Teachers Retirement System's qualified plan status.
(Com. Sub. for S. B. No. 644), Authorizing motor vehicle insurance verification program.
(Com. Sub. for Com. Sub. for S. B. No. 653), Relating to duties of Chief Technology Officer; establishing Technology Infrastructure Fund.
(S. B. No. 709), Relating to planning commission membership.
(S. B. No. 722), Providing statute of limitations for certain sales by trustee.
(Com. Sub. for S. B. No. 742), Revising Uniform Commercial Code.
(Com. Sub. for S. B. No. 754), Clarifying risk categories covered by farmers' mutual insurance companies.
(Com. Sub. for S. B. No. 755), Relating to Physicians' Mutual Insurance Company.
(S. B. No. 774), Organizing offices in Department of Environmental Protection.
(S. B. No. 778), Relating to State Conservation Committee and conservation districts.
(S. B. No. 781), Relating to long-term leases for wireless communication towers on public lands.
(S. B. No. 783), Relating to National Board for Professional Teaching Standards certification.
(S. B. No. 785), Relating to school physical education requirements.
(S. B. No. 787), Creating Transportation Coordinating Council.
(S. B. No. 791), Clarifying offenses and penalties relating to ephedrine, pseudoephedrine and phenylpropanolamine.
And,
(S. B. No. 792), Merging Fairmont State Community and Technical College with Fairmont State University; renaming Community and Technical College of Shepherd.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency, the Governor, advising that on March 22, 2006, he had approved Enr. Senate Bill No. 13, Enr. Committee Substitute for Senate Bill No. 51, Enr. Committee Substitute for Senate Bill No. 170, Enr. Senate Bill No. 213, Enr. Senate Bill No. 214, Enr. Senate Bill No. 215, Enr. Senate Bill No. 218, Enr. Senate Bill No. 242, Enr. Committee Substitute for Senate Bill No. 243, Enr. Senate Bill No. 271, Enr. Committee Substitute for Senate Bill No. 364, Enr. Senate Bill No. 371, Enr. Committee Substitute for Senate Bill No. 396, Enr. Senate Bill No. 462, Enr. Senate Bill No. 463 and Enr. Senate Bill No. 630; on March 23, 2006, he had approved Enr. Senate Bill No. 269, Enr. Committee Substitute for Senate Bill No. 473, Enr. Senate Bill No. 479, Enr. Senate Bill No. 481, Enr. Committee Substitute for Senate Bill No. 489, Enr. Committee Substitute for Senate Bill No. 509, Enr. Committee Substitute for Senate Bill No. 521, Enr. Senate Bill No. 529, Enr. Senate Bill No. 530, Enr. Senate Bill No. 551, Enr. Committee Substitute for Senate Bill No. 576, Enr. Senate Bill No. 582, Enr. Senate Bill No. 591, Enr. Senate Bill No. 619, Enr. Senate Bill No. 631, Enr. Senate Bill No. 635, Enr. Senate Bill No. 673, Enr. Senate Bill No. 773, Enr. House Bill No. 4855, Enr. House Bill No. 4856, Enr. House Bill No. 4857 and Enr. House Bill No. 4858; on March 24, 2006, he had approved Enr. Senate Bill No. 793, Enr. Senate Bill No. 794 and Enr. Senate Bill No. 795; on March 28, 2006, he had approved Enr. Committee Substitute for House Bill No. 2118, Enr. House Bill No. 2136, Enr. Committee Substitute for House Bill No. 2146, Enr. House Bill No. 2329, Enr. House Bill No. 4116, Enr. House Bill No. 4510, Enr. House Bill No. 4550, Enr. House Bill No. 4569, Enr. Committee Substitute for House Bill No. 4596, Enr. Committee Substitute for House Bill No. 4630, Enr. House Bill No. 4698, Enr. House Bill No. 4721 and Enr. House Bill No. 4842 ; on March 29, 2006, he had approved Enr. Committee Substitute for Senate Bill No. 692, Enr. Senate Bill No. 786, Enr. Committee Substitute for House Bill No. 4008, Enr. House Bill No. 4112, Enr. Committee Substitute for House Bill No. 4379, Enr. House Bill No. 4470, Enr. Committee Substitute for House Bill No. 4489 and Enr. Committee Substitute for House Bill No. 4491,; on March 30, 2006, he had approved Enr. Senate Bill No. 212, Enr. Committee Substitute for House Bill No. 3119, Enr. Committee Substitute for House Bill No. 3213, Enr. House Bill No. 4007, Enr. House Bill No. 4018, Enr. Committee Substitute for House Bill No. 4030, Enr. Committee Substitute for House Bill No. 4119, Enr. House Bill No. 4679 and Enr. House Bill No. 4685; on March 31, 2006, he had approved Enr. Committee Substitute for Senate Bill No. 174, Enr. Senate Bill No. 211, Enr. Senate Bill No. 217, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 219, Enr. Senate Bill No. 223, Enr. Senate Bill No. 438, Enr. Senate Bill No. 516, Enr. Senate Bill No. 538, Enr. Committee Substitute for Senate Bill No. 554, Enr. Senate Bill No. 605, Enr. Senate Bill No. 609, Enr. Senate Bill No. 680, Enr. Senate Bill No. 693, Enr. Senate Bill No. 759, Enr. Committee Substitute for Senate Bill No. 767, Enr. Senate Bill No. 772, Enr. Senate Bill No. 788, Enr. House Bill No. 2016 , Enr. Committee Substitute for House Bill No. 2235, Enr. Committee Substitute for House Bill No. 2328, Enr. Committee Substitute for House Bill No. 2638, Enr. Committee Substitute for House Bill No. 2947, Enr. Committee Substitute for House Bill No. 3201, Enr. House Bill No. 3295, Enr. Committee Substitute for House Bill No. 4004, Enr. Committee Substitute for House Bill No. 4015, Enr. Committee Substitute for House Bill No. 4032, Enr. Committee Substitute for House Bill No. 4036, Enr. House Bill No. 4049, Enr. House Bill No. 4075, Enr. Committee Substitute for House Bill No. 4108, Enr. House Bill No. 4283, Enr. Committee Substitute for House Bill No. 4296, Enr. Committee Substitute for House Bill No. 4453, Enr. Committee Substitute for House Bill No. 4513, Enr. Committee Substitute for House Bill No. 4558, Enr. Committee Substitute for House Bill No. 4625, Enr. Committee Substitute for House Bill No. 4626 and Enr. House Bill No. 4654; on April 3, 2006, he had approved Enr. Committee Substitute for Senate Bill No. 11, Enr. Senate Bill No. 32, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 53, Enr. Senate Bill No. 112, Enr. Committee Substitute for Senate Bill No. 183, Enr. Committee Substitute for Senate Bill No. 468, Enr. Senate Bill No. 496, Enr. Senate Bill No. 581, Enr. Senate Bill No. 598, Enr. Senate Bill No. 626, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 653, Enr. Senate Bill No. 722, Enr. Committee Substitute for Senate Bill No. 755, Enr. Senate Bill No. 792, Enr. Committee Substitute for House Bill No. 2548, Enr. Committee Substitute for House Bill No. 4021, Enr. Committee Substitute for House Bill No. 4456, Enr. House Bill No. 4458, Enr. House Bill No. 4472, Enr. House Bill No. 4479, Enr. House Bill No. 4484, Enr. House Bill No. 4487, Enr. Committee Substitute for House Bill No. 4488, Enr. Committee Substitute for House Bill No. 4490, Enr. House Bill No. 4494, Enr. Committee Substitute for House Bill No. 4498, Enr. Committee Substitute for House Bill No. 4536, Enr. Committee Substitute for House Bill No. 4565, Enr. House Bill No. 4580, Enr. House Bill No. 4595, Enr. House Bill No. 4598, Enr. Committee Substitute for House Bill No. 4601, Enr. House Bill No. 4611, Enr. House Bill No. 4622, Enr. House Bill No. 4632, Enr. House Bill No. 4651, Enr. Committee Substitute for House Bill No. 4661, Enr. House Bill No. 4683, Enr. House Bill No. 4774, Enr. Committee Substitute for House Bill No. 4790, Enr. House Bill No. 4792, Enr. House Bill No. 4847, Enr. House Bill No. 4849, Enr. House Bill No. 4850 and Enr. House Bill No. 4854; on April 4, 2006, he had approved Enr. Committee Substitute for Senate Bill No. 18, Enr. Committee Substitute for Senate Bill No. 47, Enr. Committee Substitute for Senate Bill No. 127, Enr. Senate Bill No. 166, Enr. Committee Substitute for Senate Bill No. 245, Enr. Committee Substitute for Senate Bill No. 299, Enr. Committee Substitute for Senate Bill No. 350, Enr. Committee Substitute for Senate Bill No. 357, Enr. Senate Bill No. 362, Second Enrollment Enr. Senate Bill No. 370, Enr. Senate Bill No. 419, Enr. Senate Bill No. 443, Enr. Senate Bill No. 461, Enr. Committee Substitute for Senate Bill No. 467, Enr. Senate Bill No. 480, Enr. Senate Bill No. 483, Enr. Senate Bill No. 484, Enr. Committee Substitute for Senate Bill No. 511, Enr. Committee Substitute for Senate Bill No. 517, Enr. Senate Bill No. 556, Enr. Committee Substitute for Senate Bill No. 742, Enr. Committee Substitute for Senate Bill No. 754, Enr. Senate Bill No. 774, Enr. Senate Bill No. 783, Enr. Senate Bill No. 785, Enr. Senate Bill No. 790, Enr. Senate Bill No. 791, Enr. Committee Substitute for House Bill No. 4023, Enr. Committee Substitute for House Bill No. 4031, Enr. Committee Substitute for House Bill No. 4100, Enr. Committee Substitute for House Bill No. 4120, Enr. Committee Substitute for House Bill No. 4135, Second Enrollment Enr. Committee Substitute for House Bill No. 4172, Enr. Committee Substitute for House Bill No. 4192, Enr. Committee Substitute for House Bill No. 4210, Enr. Committee Substitute for House Bill No. 4272, Enr. Committee Substitute for House Bill No. 4276, Enr. House Bill No. 4279, Enr. House Bill No. 4295, Enr. House Bill No. 4307, Enr. House Bill No. 4311, Enr. House Bill No. 4312, Enr. Committee Substitute for House Bill No. 4313, Enr. House Bill No. 4321, Enr. House Bill No. 4355, Enr. House Bill No. 4368, Enr. House Bill No. 4383, Enr. House Bill No. 4386, Enr. House Bill No. 4392, Enr. House Bill No. 4406, Enr. Committee Substitute for House Bill No. 4431, Enr. Committee Substitute for House Bill No. 4444, Enr. House Bill No. 4445, Enr. Committee Substitute for House Bill No. 4454, Enr. Committee Substitute for House Bill No. 4481, Enr. Committee Substitute for House Bill No. 4690 and Enr. Committee Substitute for House Bill No. 4694; and on April 5, 2006, he had approved Enr. Committee Substitute for Senate Bill No. 173, Enr. Committee Substitute for Senate Bill No. 353, Enr. Committee Substitute for Senate Bill No. 439, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 492, Enr. Senate Bill No. 497, Enr. Senate Bill No. 503, Enr. Senate Bill No. 557, Enr. Senate Bill No. 558, Enr. Senate Bill No. 566, Enr. Senate Bill No. 578, Enr. Senate Bill No. 587, Enr. Committee Substitute for Senate Bill No. 603, Enr. Senate Bill No. 632, Enr. Senate Bill No. 636, Enr. Committee Substitute for Senate Bill No. 644, Enr. Senate Bill No. 709, Enr. Committee Substitute for Senate Bill No. 728, Enr. Senate Bill No. 778, Enr. Senate Bill No. 781, Enr. House Bill No. 4048, Enr. Committee Substitute for House Bill No. 4240, Enr. House Bill No. 4437, Enr. Committee Substitute for House Bill No. 4486, Enr. House Bill No. 4606 and Enr. House Bill No. 4846.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

March 24, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I hereby return Enrolled Committee Substitute for Senate Bill No. 125 approved with the following objections:
My first objection to the bill is contained in the language found in TITLE I--GENERAL PROVISIONS. Sec. 3. Classification of appropriations, pages 5 through 7, lines 76 through 180, which states:
"In vesting the power of the purse with the Legislature, the founding fathers recognized the inherent political nature of budgeting and established the Legislature to function as a crucible for the venting and vetting of political tensions and ideas, the improvement of good ideas and the imperilment of bad ones. By design, each of the 134 legislators functions as a check and balance, if not contributor to, the policies and appropriations under his or her consideration. Also unique to the legislative branch is its division into committees, parties and caucuses and designation of individuals as minority and majority leaders and whips, each facilitating consideration of important and political ideas; its two houses, extensive rules, procedural requirements, committee structure and the executive veto, reduction and deletion powers, all designed to ensure prudence and ensnare imprudent proposals; the two-year election cycle of the House, staggered terms of the Senate and the size and geographical nature of legislative districts, each contributing to the superior representative nature of this branch of government; and its function as a check and balance on the executive, each of which contributes to the Legislature's unique ability to process these inherently political decisions. Unchecked and unlimited executive authority to modify the state budget through transfers to undesignated budget activities would not lend to minimizing waste, reducing spending and balancing the maintenance of taxes against the derived benefit and would circumvent the fundamental constitutional design embodied in the doctrine of the separation of powers, the budget process itself and the protections provided within the Legislature's architecture. Even more fundamentally, such approach would serve to erode the very delegation of democracy.
While bureaucrats possess extensive knowledge of their programs and populations, they are not qualified to determine the highest uses of the people's resources. Their views of the state are appropriately centric to their specific programs and roles, and their universes are appropriately small and contained. Bureaucrats tend to approach these decisions with a bias toward spending and enhancing their own programs and comforts. Bureaucrats are not accountable to the voters and do not make decisions within a forum designed for challenge, debate, consensus and regional representation. For these and other reasons the Governor's proposed method for rededicating moneys saved due to efficiencies is hereby declined.
However, it continues to be the expectation of the Legislature that West Virginia's Governor and public managers will do everything in their power to improve the efficiency and effectiveness of state government. While providing the best possible value back to the citizens of the state should be the primary motive of every public official and employee, the Legislature hereby declares that in its formulation of the Fiscal Year 2008 budget and supplemental amendments to this 2007 budget, it will duly consider spending unit recommendations for alternate usage of efficiency savings when a spending unit can document an efficiency savings to one or more General Revenue line items and justify its recommendation for an alternative use. The Legislative Auditor shall prescribe forms and procedures for spending units to recommend alternate uses, receive and disseminate these requests and otherwise administer these provisions. The purpose of making government more efficient is not merely to provide more resources to be spent on other initiatives. In making these recommendations for alternate usage of efficiency savings, public officials and employees shall be sensitive to the tax burden shouldered by West Virginia citizens and businesses and the many unmet needs affecting their health, safety and welfare. While the Legislature may be predisposed to granting a spending unit's recommendation, its consideration of the need for tax relief and the merit of other possible uses of these resources is absolutely indispensable and nondelegable.
In further exercise of its responsibilities, the Legislature includes in this budget certain appropriations in line items which more specifically describe the purposes for which the appropriations are made than are described in the more general line items proposed by the executive. In the event these more specific items or parts thereof are disapproved, the funds appropriated for those purposes may not be expended for any other purposes than those which were disapproved, except for such purposes as may be provided by enactment of a supplementary appropriation bill. The Constitution vests the power of the purse, the power to appropriate public funds, solely in the legislative branch of this state's government. The inclusion of more specific line items in an appropriations bill is a means by which the Legislature effectively decreases items of appropriation proposed by the executive for other purposes. The exercise of the power of the executive to disapprove specific items or parts thereof of appropriations bills cannot operate to increase appropriations of the money contained in those items for other purposes, a result which the executive may not achieve by either direct or indirect means under the Constitution of this state. The expenditure of funds for purposes other than those contained in a line item disapproved by the Governor would be an unconstitutional appropriation of public funds and a usurpation of the power of appropriation reserved exclusively to the legislative branch. It is the intent of the Legislature to resist any encroachment of the power to appropriate devolved upon and entrusted to the legislative branch by the citizens of this state through their Constitution."
I recognize and am certainly cognizant of the Legislature's integral role in the budgeting process in West Virginia, as well as the important structure and ability of the Legislature to make policy and fiscal decisions of this state. Additionally, the Legislature's dedication to fiscal discipline and its sensitivity of the tax burden shouldered by the citizens of West Virginia must be applauded. I must object, however, to the above-mentioned portion of the budget bill. This section improperly minimizes and unduly limits the role of the executive branch in formulating the State of West Virginia's budget. Each department and agency, through budget hearings and in the expertise that each possess in implementing the mandates established by the Legislature, provide invaluable insight to the budgeting process that cannot be minimized or ignored. Moreover, the Constitution grants the Governor significant powers in providing vetoes for items or parts of items of the budget. Because of the above-mentioned passage could also be interpreted to limit the Governor's constitutional authority to veto items in the budget, the language cannot stand. Therefore, I am deleting the entire paragraphs contained in lines 76 through 180.
My second objection to the bill is contained in the language found in Item No. 92, pages 73 through 75, lines 44 through 52, which states:
"From the above appropriation, $125,000 is for King Coal Highway Authority; $125,000 is for Coal Field Expressway Authority; $100,000 is for Coal Heritage Highway Authority; $100,000 is for Coal Heritage Area Authority; $25,000 is for Little Kanawha River Parkway; $50,000 is for Midland Trail Scenic Highway Association; $57,000 is for Shawnee Parkway Authority; $100,000 is for Corridor G Highway Authority; $125,000 is for Corridor H Authority; and $200,000 is for repairs to Pennco Road."
Pennco Road is a private road and not part of the state highway system. Directing the use of State Road Fund moneys for repairs to a nonstate road would be a violation of the constitutional use of the State Road Fund. Therefore, I am deleting the phrase contained in line 52 "; and $200,000 is for repairs to Pennco Road".
My third objection to the bill is contained in the language found in Item No. 113, page 81, lines 16 through 18, which states:
"From the above fund, the provisions of West Virginia Code §11B-2-18 shall not operate to permit expenditures in excess of the funds authorized for expenditure herein."
This language violates the statutory authority afforded the Governor in the very statue it refers to since statutory law can neither be created or amended by or through the budget bill. Therefore, I am deleting the entire sentence contained in lines 16 through 18.
For the reasons stated herein, I have approved, with objections, Enrolled Committee Substitute for Senate Bill No. 125.
Sincerely,
Joe Manchin III,
Governor.
cc:

The Honorable Earl Ray Tomblin

The Honorable Robert S. Kiss
Veto Messages
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

April 4, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 760.
Enrolled Senate Bill No. 760 amends W. Va. Code §22A-9-1 to allow the "public representative" position on the Mine Inspectors' Examining Board currently reserved for the director of the School of Mines at West Virginia University to also be filled by a former director of the school. To accommodate this change, the bill also amends §22A-9-1 to require that, like the other four members of the Board, the Governor appoint the person to fill the position. However, the bill fails to set the length of the director or former director's term. In addition, the bill continues to refer to the position as that of the "public representative", even though it would no longer be filled strictly on the basis of a person holding a specific office at the time of appointment.
Needless to say, all West Virginians support the Mine Inspectors' Examining Board, the School of Mines at West Virginia University and all of their efforts to ensure that West Virginia has the safest mines in America. In addition, I fully support efforts to expand the pool of diverse and talented individuals from which our statutorily created boards may select their members. However, the lack of a clearly stated term for the "public representative" position could actually work to preclude the infusion of such individuals into the position. Furthermore, any confusion as to whether the "public representative" position is a public position or a nonpublic position could distract the Board from its important work.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III,
Governor.
cc:The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

April 4, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4256.
Under current law, the removal process for elected and appointive county and municipal officers is set forth in a single statutory provision, W. Va. Code §6-6-7. Enrolled Committee Substitute for House Bill No. 4256 separates appointive officers from this existing removal statute and creates a new section, W. Va. Code §6-6-7a, setting forth new removal procedures for such appointive officers.
Under this new section, the governing body or officer seeking to remove an appointed member must give written notice via certified mail of the intent to remove to the member. In turn, a member receiving a notice of intent to remove may thereafter respond and request a hearing to prevent the removal. However, there is conflicting language in the bill regarding the time period for responding to the notice of intent to remove. Subdivision (2), subsection (b) of section seven-a provides that "[t]he response must be received by the governing body or officer within twenty days of the member's receipt of the notice of intent to remove." Conversely, subdivision (6) requires the governing body to remove the member if he or she "does not respond to the notice in writing within ten days of receipt of the notice of intent to remove[.]"
These conflicting provisions could result in situations where the local governing body is statutorily required to remove the appointee before he or she has been afforded the opportunity to respond within the twenty-day time period, in violation of the procedural due process guarantees of Section 10, Article III of the Constitution of West Virginia
For this reason, I must veto this legislation.
With warmest regards,
Joe Manchin III,
Governor.
cc:The Honorable Robert S. Kiss
The Honorable Earl Ray Tomblin
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

April 4, 2006

April 5, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
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. 107.
Enrolled Committee Substitute for Senate Bill No. 107 amends the exclusive venue provision of W. Va. Code §14-2-2, which currently provides that any suit in which the Governor, any other state officer or other state agency is made a party defendant shall be brought in the Circuit Court of Kanawha County. The "manifest purpose" of exclusive venue statutes such as W. Va. Code §14-2-2 "is to prevent the great inconvenience and possible public detriment that would attend if functionaries of the state government should be required to defend official conduct and [the] state's property interests in sections of the [state] remove from the capital." Davis v. West Virginia Bridge Comm'n, 166 S.E. 819, 821 (1932).
In large part, this bill seeks to codify Syllabus Point 3 of Pittsburgh Elevator Co. v. West Virginia Bd. of Regents, 310 S.E.2d 675 (1983), in which the Supreme Court of Appeals recognized the following exception to the exclusive venue provision:

The exclusive venue provision of W. Va. Code §14-2-2 is not applicable to a cause of action wherein recovery is sought against the liability insurance coverage of a state agency.

As the Court observed, "Where a cause of action is, in essence, a suit against a state agency's insurance carrier, the justification for applying the exclusive venue provisions of W. Va. Code §14-2-2 evaporates." Pittsburgh Elevator, 310 S.E.2d at 689. This exception to the exclusive venue provision has governed proceedings throughout the courts of West Virginia for over twenty years; thus, the mere codification of this long-standing principle would cause me little concern.
Unfortunately, Enrolled Committee Substitute for Senate Bill No. 107 amends W. Va. Code §14-2-2 in a manner that could significantly expand the parameters of the exception recognized in Pittsburgh Elevator. Specifically, the bill offers the following amendment to the provisions of W. Va. Code §14-2-2:

Any civil action in which the Governor, any other state officer or a state agency is made a party defendant and recovery is being sought only to the extent of the applicable state liability insurance coverage, may be brought in or transferred to the circuit court of the county wherein the cause of action arose along with any related claims arising out of the same transaction or occurrence. The parties may agree that such an action can be adjudicated in the circuit court of Kanawha County.

The underscored language would not merely codify binding Supreme Court of Appeals precedent; rather, it would expand the exception recognized in Pittsburgh Elevator to include claims that do not seek recovery against the state's insurance coverage as long as they arose out of the same underlying transaction or occurrence. Thus, if this bill were to become law, civil actions seeking injunctive and other equitable relief could also be exempt from the exclusive venue statute. As a result, civil actions primarily designed to challenge the constitutionality of official state conduct or to enjoin certain state action could avoid the mandates of W. Va. Code §14-2-2 merely by tacking on a claim for damages against the state's insurance coverage. This further narrowing of W. Va. Code §14-2-2 was not contemplated by the Supreme Court of Appeals in Pittsburgh Elevator and would render the exclusive venue provision meaningless in many cases.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III,
Governor.
cc:The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

April 5, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
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. 490.
Enrolled Committee Substitute for Senate Bill No. 490 provides an exemption from the flat rate and the variable component of the Motor Fuel Excise Tax for fuel purchased by certain county aging programs. Needless to say, I am committed to providing our senior citizens with the best available care and services, a commitment evidenced by the recent budget allocation of an additional $2 million for in-home services for seniors. My proposed budget for Fiscal Year 2007 increased the budget of the Bureau of Senior Services from $38.6 million to $41.5 million that, when coupled with additional appropriations by the Legislature, results in an increase of 8.8 percent over the previous year's budget.
Additionally, it should be noted that for nonemergency medical transportation of Medicaid-eligible seniors, providers are entitled to receive a $9 loading fee and charge 66¢ per mile for trips greater than 15 miles. Similarly, under Title III-B of the Older Americans Act, nonprofit senior centers are entitled to be reimbursed for actual costs incurred in providing transportation services. Moreover, many county aging programs utilize county-owned vehicles, which are already exempt from state taxes on fuel.
As the foregoing demonstrates, the State of West Virginia and the federal government currently allocate resources to nonprofit senior centers to offset the very costs that this bill is designed to alleviate. Indeed, these resources are being allocated within the context of continuously demanding budgetary constraints. As a result, the inclusion of county aging programs among those governmental agencies exempt from the fuel tax would be inappropriate at this time.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III,
Governor.
cc:The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

April 5, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 4353.
Enrolled House Bill No. 4353 amends W. Va. Code §17C-5-2 to increase certain criminal penalties for driving under the influence when there is a minor passenger in the vehicle. I applaud the Legislature's effort to make West Virginia's roads and highways safer by imposing stiffer penalties on persons that would violate this law.
Unfortunately, the bill's amendments to another statutory provision, W. Va. Code §17C-5A-1, carry with them certain unintended consequences that preclude me from approving this bill. The amendments to W. Va. Code §17C-5A-1 modify the procedure by which license revocation proceedings are initiated before the Division of Motor Vehicles (DMV). Currently, a law-enforcement officer arresting a person for driving under the influence is required to provide a report to the DMV within 48 hours of such arrest. The bill amends this procedure by requiring the officer to have "a valid criminal complaint, signed by a magistrate or municipal judge, with a determination of probable cause, before reporting said offense" to the DMV.
My concern with this amendment centers on whether the new language would cover those situations where a prosecuting attorney decides to seek an indictment before the grand jury, thereby eliminating the involvement of magistrates contemplated by the bill. Under the express provisions of the bill, a revocation proceeding may be triggered only by the issuance of a criminal complaint "signed by a magistrate or municipal judge[.]" However, the bill is silent as to how revocation proceedings are initiated when offenders are indicted by the grand jury, rather than charged in magistrate or municipal court. Considering that prosecutors often seek an indictment in the most serious of felony cases, I am reluctant to approve this bill.
For this reason, I must veto this legislation.
With warmest regards,
Joe Manchin III,
Governor.
cc:The Honorable Robert S. Kiss
The Honorable Earl Ray Tomblin
All business of the sixty-day and extended session now being concluded,
Senator Sharpe, 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 Sharpe then reported this mission accomplished.
Thereupon,
On motion of Senator Chafin, the Senate adjourned sine die.
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