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sdj-110th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

EXTENDED SESSION, 2009

ONE HUNDRED TENTH DAY

____________

Charleston, W. Va., Sunday, May 31, 2009

     The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
     Pending the reading of the Journal of Saturday, May 30, 2009,
     On motion of Senator Prezioso, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report, to take effect from passage, and requested the concurrence of the Senate in the adoption thereof, as to
     Eng. Com. Sub. for House Bill No. 2010, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
     Whereupon, Senator Helmick, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for House Bill No. 2010, Budget bill, making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendment of the Senate to Engrossed Committee Substitute for House Bill No. 2010 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
     [CLERK'S NOTE: For full text of conference committee report, see House Journal of this day.]
                              Respectfully submitted,
     Harry Keith White, Chair, Thomas W. Campbell, K. Steven Kominar, Mary M. Poling, Don Perdue, William Anderson, Conferees on the part of the House of Delegates.
     Walt Helmick, Chair, Robert H. Plymale, Roman W. Prezioso, Jr., Edwin J. Bowman, John R. Unger II, Karen L. Facemyer, Conferees on the part of the Senate.
     Senator Helmick, Senate cochair of the committee of conference, was recognized to explain the report.
     Following discussion,
     Thereafter, on motion of Senator Helmick, the report was taken up for immediate consideration and adopted.
     Engrossed Committee Substitute for House Bill No. 2010, as amended by the conference report, was then put upon its passage.
     On the passage of the bill, as amended, the yeas were: Barnes, Bowman, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Boley and Browning--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2010) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Bowman, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Boley and Browning--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2010) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the sixth order of business.
     At the request of Senator Chafin, unanimous consent being granted, Senator Chafin offered the following resolution from the floor:
     Senate Resolution No. 59--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
     Resolved by the Senate:
     That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senator Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
     Senators Yost, White and Sypolt.
     At the request of Senator Chafin, and by unanimous consent, Senator Chafin offered the following resolution from the floor:
     Senate Resolution No. 60--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
     
Resolved by the Senate:
     That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Under the provision of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate is ready to adjourn:
     Senators Minard, Fanning and Deem.
     Thereafter, the President recognized the presence of a three- member delegation from the House of Delegates, namely:
     Delegates Iaquinta, Shook and Schadler, who announced that that body had completed its labors and was ready to adjourn sine die.
     The President then acknowledged another delegation from the House of Delegates, consisting of
     Delegates Moore, D. Poling and Evans, who announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with its assignment.
     Senators Minard, Fanning and Deem, comprising the Senate committee, then joined with the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent legislative adjournment, and receive any message he might desire to transmit to the members of the Senate.
     At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
     Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has conducted a complete examination of the Senate Clerk's office; and in compliance with the Rules of the Senate, reports that it has found all papers belonging to said office properly filed, labeled and put away in presses; and that the books belonging to the office are chronologically arranged.
     In the opinion of the committee, the office is being handled in a proper, efficient and commendable manner.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     On motion of Senator Palumbo, the Joint Committee on Enrolled Bills was directed after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of the regular sixty-day and extended session of the Legislature, to file its reports with the Clerk of bills so enrolled, showing the date such bills were presented to the Governor; said reports to be included in the final Journal, together with Governor's action on said bills.
     In accordance with the foregoing motion, the following reports of the Joint Committee on Enrolled Bills were filed as follows:
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 1st day of June, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Second Enrollment Com. Sub. for H. B. No. 2423), Relating to the Board of Medical Imaging and Radiation Therapy Technology.
     (Second Enrollment Com. Sub. for H. B. No. 2535), Creating a tax credit for certain solar energy systems.
     (Second Enrollment Com. Sub. for H. B. No. 2701), Relating to an escape of any person from the custody of the Division of Juvenile Services.
     (Second Enrollment Com. Sub. for H. B. No. 2771), Relating to the West Virginia Alcohol and Drug-Free Workplace Act.
     (Second Enrollment H. B. No. 2920), Eliminating the felony conviction for a second or subsequent conviction of petit larceny.
     (Second Enrollment Com. Sub. for H. B. No. 2926), Establishing a procedure for challenging a candidate's qualifications for elected office.
     (Second Enrollment Com. Sub. for H. B. No. 3120), Increasing the WV Prosecuting Attorneys Institute's executive council's elected members from five to seven and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings.
     (Second Enrollment H. B. No. 3170), Relating to WV Guardianship and Conservatorship Act.
     (Second Enrollment Com. Sub. for H. B. No. 3194), Making it a misdemeanor to knowingly file false information with the Secretary of State.
     (Second Enrollment H. B. No. 3197), Authorizing municipalities to permit nonpolice officers to issue citations for littering.
     And,
     (Second Enrollment Com. Sub. for H. B. No. 3288), Relating to mental health parity.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 3rd day of June, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Second Enrollment Com. Sub. for S. B. No. 239), Allowing majority vote for certain metro government approval.
     (Second Enrollment Com. Sub. for Com. Sub. for S. B. No. 414), Creating Governor's Office of Health Enhancement and Lifestyle Planning.
     (Second Enrollment Com. Sub. for S. B. No. 501), Prohibiting animal gas chamber euthanasia.
     (Second Enrollment S. B. No. 528), Relating to certain fees collected by county clerks.
     (Second Enrollment Com. Sub. for S. B. No. 695), Relating to payment for certain state employees' unused sick leave.
     (Second Enrollment Com. Sub. for S. B. No. 715), Establishing Chesapeake Bay Restoration Initiative.
     And,
     (Com. Sub. for H. B. No. 2010), Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
Executive Communications

     Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
     The Clerk then presented communications from His Excellency, the Governor, advising that on June 5, 2009, he had approved Second Enrollment Enr. Committee Substitute for Committee Substitute for Senate Bill No. 239, Second Enrollment Enr. Committee Substitute for Committee Substitute for Senate Bill No. 414, Second Enrollment Enr. Committee Substitute for Senate Bill No. 501, Second Enrollment Enr. Senate Bill No. 528, Second Enrollment Enr. Committee Substitute for Senate Bill No. 695, Second Enrollment Enr. Committee Substitute for Senate Bill No. 715, Second Enrollment Enr. Committee Substitute for House Bill No. 2423, Second Enrollment Enr. Committee Substitute for House Bill No. 2535, Second Enrollment Enr. Committee Substitute for House Bill No. 2701, Second Enrollment Enr. Committee Substitute for House Bill No. 2771, Second Enrollment Enr. House Bill No. 2920, Second Enrollment Enr. Committee Substitute for House Bill No. 2926, Second Enrollment Enr. Committee Substitute for House Bill No. 3120, Second Enrollment Enr. House Bill No. 3170, Second Enrollment Enr. Committee Substitute for House Bill No. 3194, Second Enrollment Enr. House Bill No. 3197 and Second Enrollment Enr. Committee Substitute for House Bill No. 3288.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

June 5, 2009

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I hereby return Enrolled Committee Substitute for House Bill No. 2010, passed May 31, 2009, approved
with the following objections.
     My first objection to the bill is contained in Item 60, page 64, line 35, which states:
               "Health Right Free Clinics              727    4,249,336"
     Being acutely aware of the national economy, the budget deficits currently facing the vast majority of states, and the future funding challenges in West Virginia's Medicaid program, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. The above appropriation of $4,249,336 is $500,000 above the funding available in FY 2009. In addition, funding available for this program increased by $1,000,000 from FY 2008 to FY 2009. Therefore, I am reducing the base building appropriation by the amount of $500,000 to $3,749,336. I will, however, submit to the Legislature a request for a one-time supplemental appropriation in the amount of $300,000
to support this program.
     My second objection to the bill is contained in Item 64, page 71, line 23, which states:
               "In-Home Family Education               688   1,250,000"
               Being acutely aware of the national economy, the budget deficits currently facing the vast majority of states, and the future funding challenges in West Virginia's Medicaid program, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. The above appropriation of $1,250,000 is $500,000 above the funding available in FY 2009. In addition, funding available for this program increased by $145,000 from FY 2008 to FY 2009. Therefore, I am reducing the base building appropriation by the amount of $500,000 to $750,000. I will, however, submit to the Legislature a one-time supplemental appropriation for $300,000 to support this program.
               My third objection to the bill is contained in Item 64, page 72, line 32 through line 33, which states:
               "Grants for Licensed Domestic
                Violence Programs and Statewide
                Prevention                           750   2,500,000"
               Being acutely aware of the national economy, the budget deficits currently facing the vast majority of states, and the future funding challenges in West Virginia's Medicaid program, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. The above appropriation of $2,500,000 is $1,000,000 above the funding available in FY 2009. Therefore, I am reducing the base building appropriation by the amount of $l,000,000 to $1,500,000. I will, however, submit to the Legislature a one-time supplemental appropriation for $1,000,000 to support this program.
               My fourth objection to the bill is contained in Item 274, page 204, line 4, which states:
               "Technology System Specialists           062  5,000,000"
               Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The above appropriation of $5,000,000 would start a new program for FY 2010 that has not been fully vetted to determine if there is redundancy with existing programs or a true need. Therefore, I am reducing the appropriation by its full amount, $5,000,000 to $0, to prevent base building of the budget.
               My fifth objection to the Bill is contained in the language found in Item 274, page 205, line 6 through line 28, which states:
               "From the above appropriation for Technology System Specialists (activity 062), the State Department of Education shall make available matching grants of $40,000 to county boards of education for each learning technology proficient school with a minimum net enrollment of 450 students for a full-time Technology System Specialist to be employed within the school. The grants shall be awarded until funds are exhausted. The grants shall be determined on a competitive basis by the West Virginia State Department of Education and report guidelines and procedures to the
Legislative Oversight Committee on Education Accountability (LOCEA). The State Department of Education shall enter an agreement with each county board of education receiving a grant specifying a county board matching obligation of at least $20,000 of the total employment costs represented by each grant-funded position and the Technology System Specialist job description and qualifications. Learning technology proficient school is hereby defined as a public school having at least one classroom computer for every five students, at least one digital projector for every five classrooms and at least one interactive whiteboard, as evidenced by the West Virginia Department of Education 2008 Digital Divide Survey."
               As fully set forth in my fourth objection herein, I am deleting the funding of $5,000,000 for Technology System Specialists. Therefore, I am deleting the corresponding language in its entirety contained from line 6 through line 28, on page 205.
               For the reasons stated herein, I have approved, with the above objections, Enrolled Committee Substitute for House Bill No. 2010.
                              Sincerely,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Richard Thompson
     The Honorable Earl Ray Tomblin
     All business of the sixty-day and extended session now being concluded,
     Senator Fanning, from the select committee to notify His Excellency, the Governor, that the Senate is ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Fanning then reported this mission accomplished.
     Thereupon,
     On motion of Senator Chafin, the Senate adjourned sine die.
__________

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