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Senate Journal



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sdj-66th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

EXTENDED SESSION, 2014

SIXTY-SIXTH DAY

____________

Charleston, W. Va., Friday, March 14, 2014

     The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth district, and Pastor, Shuck Memorial Baptist Church, Lewisburg, West Virginia, and West Point Baptist Church, Asbury, West Virginia.
     Pending the reading of the Journal of Thursday, March 13, 2014,
     On motion of Senator Green, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the fifth order of business.
     Senator Prezioso, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for Senate Bill No. 306, 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. 306 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 of Delegates, 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 Enrolled Committee Substitute for Senate Bill No. 306.]
                              Respectfully submitted,
     Roman W. Prezioso, Jr., Chair, John R. Unger II, Robert H. Plymale, Douglas E. Facemire, Ron Stollings, Mike Hall, Dave Sypolt, Conferees on the part of the Senate.
     Brent Boggs, Chair, Doug Reynolds, Larry A. Williams, Don Perdue, Everette W. Anderson, Jr., Allen V. Evans, Ray Canterbury, Conferees on the part of the House of Delegates.
     Senator Prezioso, Senate cochair of the committee of conference, was recognized to explain the report.
     Thereafter, on motion of Senator Prezioso, the report was taken up for immediate consideration and adopted.
     Engrossed Committee Substitute for Senate Bill No. 306, as amended by the conference report, was then put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Committee Substitute for Senate Bill No. 306 pass?"
     On the passage of the bill, as amended, the yeas were: Beach, Boley, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--25.
     The nays were: Barnes, Blair, Carmichael, Cole, M. Hall, Jenkins, Nohe, Sypolt and Walters--9.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 306) passed with its title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Beach, Boley, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--25.
     The nays were: Barnes, Blair, Carmichael, Cole, M. Hall, Jenkins, Nohe, Sypolt and Walters--9.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 306) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senator Blair regarding the passage of Engrossed Committee Substitute for Senate Bill No. 306 were ordered printed in the Appendix to the Journal.
     At the request of Senator Unger, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
Executive Communications

     The Clerk then presented a communication from His Excellency, the Governor, advising that on March 14, 2014, he had approved Enr. Committee Substitute for Senate Bill No. 58, Enr. Senate Bill No. 314, Enr. Committee Substitute for Senate Bill No. 322, Enr. Senate Bill No. 327, Enr. Senate Bill No. 328, Enr. Committee Substitute for Senate Bill No. 387, Enr. Senate Bill No. 470 and Enr. Senate Bill No. 483.
     The Senate proceeded to the fourth order of business.
     Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 14th day of March, 2014, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 307), Authorizing community corrections programs to operate pretrial release program.
                              Respectfully submitted,
                               Donald H. Cookman,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     On motion of Senator Unger, the Senate recessed until 12:30 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications

     Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 14, 2014

The Honorable Jeffrey V. Kessler
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Kessler:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 307.
     I disapprove this bill because it embraces more than one object in violation of section thirty, article VI of the Constitution of West Virginia. In addition to authorizing the establishment of community corrections programs for the pre-trial release of certain offenders at the county level, the bill amends the article of the West Virginia Code regulating bail bondsmen in criminal cases throughout West Virginia.
     For this reason, I must disapprove the bill. However, I encourage the Legislature to reconsider this matter and return it to my desk for approval.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:The Honorable Timothy Miley
     The Honorable Natalie E. Tennant
     Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
     Enr. Com. Sub. for Senate Bill No. 307, Authorizing community corrections programs to operate pretrial release program.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 307, the same was put and prevailed.
     On motion of Senator Cookman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §51-10-5a; that §62-11C-5 and §62-11C-7 of said code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all to read as follows:
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 10. BAIL BONDSMEN IN CRIMINAL CASES.
§51-10-5a. Bonding fee and collateral security required by bail bondsmen.
     (a) The bonding fee required by a bail bondsman shall be at least ten percent of the amount of the bond. The bonding fee received by the bondsman shall not, in the aggregate, exceed the amount of the bond.
     (b) The bonding fee may be paid as follows:
     (1) In full at the time of the issuance of the bond; or
     (2) At least three-percent paid at the issuance of the bond with the remaining percentage to be paid over a period not to exceed twelve months.
     (c) When collateral or security is received by a bail bondsman a receipt shall be furnished. Copies of all receipts issued shall be kept by the bail bondsman for a minimum of five years. All receipts issued shall:
     (1) Be prenumbered, and used and filed in consecutive numerical order;
     (2) Show the name and address of the bail bondsman;
     (3) Show the name and address of the person providing the collateral;
     (4) Show the amount and nature of the collateral and the date received;
     (5) Show the name of the person accepting collateral; and
     (6) Show the total amount of the bond for which the collateral is being accepted and the name of the defendant.
     (d) When a bond is to be forfeited, the court is to give notification to the bail bondsman within twenty-four hours of the failure to appear.
CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-5. Establishment of programs.
     (a) Any county or combination of counties, or a county or counties and a Class I or II municipality may establish and operate community corrections programs, as provided in this section, to be used both prior to trial as a condition of bond in circuit and magistrate court, as well as an alternative sentencing option for those offenders sentenced within the jurisdiction of the county or counties which establish and operate the program: Provided, That the chief judge must certify that the community corrections facility is available for use in connection with the imposition of pretrial bond conditions.
     (b) Any county or combination of counties, or a county or counties and a Class I or II municipality that seek to establish programs as authorized in this section shall submit plans and specifications for the programs to be established, including proposed budgets, for review and approval by the community corrections subcommittee established in section three of this article.
     (c) Any county or combination of counties, or a county or counties and a Class I or II municipality may establish and operate an approved community corrections program to provide alternative sanctioning options for an offender who is convicted of an offense for which he or she may be sentenced to a period of incarceration in a county or regional jail or a state correctional facility and for which probation or home incarceration may be imposed as an alternative to incarceration.
     (d) Community corrections programs authorized by subsection (a) of this section may provide, but are not limited to providing, any of the following services:
     (1) Probation supervision programs;
     (2) Community service restitution programs;
     (3) Home incarceration programs;
     (4) Substance abuse treatment programs;
     (5) Sex offender containment programs;
     (6) Licensed domestic violence offender treatment programs;
     (7) Day reporting centers;
     (8) Educational or counseling programs;
     (9) Drug courts;
     (10) Community beautification and reclamation programs for state highways, municipal, county and state parks and recreation areas and community gardens; and
     (11) Pretrial release programs.
     (e) A county or combination of counties, or a county or counties and a Class I or II municipality which establish and operate community corrections programs as provided in this section may contract with other counties to provide community corrections services.
     (f) For purposes of this section, the phrase "may be sentenced to a period of incarceration" means that the statute defining the offense provides for a period of incarceration as a possible penalty.
     (g) No provision of this article may be construed to allow a person participating in or under the supervision of a community corrections program to earn good time or any other reduction in sentence.
     (h) Nothing in this section should be construed as to prohibit a court from imposing a surety bond as a condition of a pretrial release.
§62-11C-7. Supervision or participation fee.
     (a) A circuit judge, magistrate, municipal court judge or community criminal justice board may require the payment of a supervision or participation fee from any person required to be supervised by or participate in a community corrections program. The circuit judge, magistrate, municipal court judge or community criminal justice board shall consider the person's ability to pay in determining the imposition and amount of the fee.
     (b) A circuit judge, magistrate or community criminal justice board may require payment of a supervision or participation fee of $7 per person per day of pretrial supervision from the county commission pursuant to a pretrial release program established pursuant to article eleven-f of this chapter.
     (c) A person supervised pursuant to the provisions of article eleven-f of this chapter who is later convicted of an offense or offenses underlying the person's participation in the pretrial release program may be assessed by the sentencing court, as a cost of prosecution, a fee not to exceed $30 per month for each month the person was in the pretrial supervision program.
     (d) All fees ordered by the circuit court, magistrate court, municipal court or community criminal justice board pursuant to this section are to be paid to the community criminal justice board, who shall remit the fees monthly to the treasurer of the county designated as the fiscal agent for the board pursuant to section six of this article.
ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.
§62-11F-1. Applicability.
     This article applies to adults charged with one or more misdemeanors or felonies and who are incarcerated in a regional jail prior to adjudication due to their inability to post bond.
§62-11F-2. Establishment of pretrial release programs.
     (a) Legislative findings and purpose. -- It is the purpose of pretrial release programs to employ recommendations from the Council of State Government's Justice Center's Analyses and Policy Options to Reduce Spending on Corrections and Reinvest in Strategies to Increase Public Safety, by providing for uniform statewide risk assessment and monitoring of those released prior to trial, facilitating a statewide response to the problem of overcrowded regional jails and costs to county commissions.
     (b) Any county, circuit or combination thereof that establishes a pretrial program pursuant to this article shall establish a local community pretrial committee that consists of:
     (1) A prosecutor, or his or her designee;
     (2) A county commissioner, or his or her designee;
     (3) A sheriff, or his or her designee;
     (4) An executive director of a community corrections program, or his or her designee;
     (5) A chief probation officer, or his or her designee; and
     (6) A member of the criminal defense bar.
     (c) Pretrial release programs may monitor, supervise and assist defendants released prior to trial.
     (d) Nothing in this article should be construed to prohibit a court from requiring a defendant to post a secured bond as a condition of pretrial release.
     (e) In addition to funding provided pursuant to subsection (c), section three of this article, pretrial release programs may be funded by appropriations made to the Supreme Court of Appeals for such purpose.
§62-11F-3. Pretrial release program guidelines.
     
(a) The Supreme Court of Appeals has complete oversight and authority over all pretrial services.
     (b) The Supreme Court of Appeals shall establish recommended guidelines for pretrial programs to use when ordering pretrial release for defendants whose pretrial risk assessment indicate that they are an appropriate candidate for pretrial release.
     (c) The Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction, pursuant to section two, article eleven-c of this chapter, shall approve policy and funding for the development, maintenance and evaluation of pretrial release programs. Any county, circuit or combination thereof that establishes a pretrial program intended to provide pretrial release services shall submit a grant proposal to the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction for review and approval.
§62-11F-4. Pretrial release assessment.
     
The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by pretrial release programs to aid in making pretrial decisions under article one-c of this chapter.
§62-11F-5. Role of pretrial release programs.
     
A pretrial release program established pursuant to this article shall:
     (1) Collect and present the necessary information, present risk assessment and make release recommendations to the court;
     (2) Present information to the court relating to the risk defendants may pose in failing to appear in court or of threatening the safety of the community or any other person and, consistent with court policy, develop release recommendations responding to risk;
     (3) Develop and provide appropriate and effective supervision for all persons released pending adjudication who are assigned supervision as a condition of release;
     (4) Monitor compliance of released defendants with the requirements of assigned release conditions;
     (5) Promptly inform the court of all apparent violations of pretrial release conditions or arrests of persons released pending trial, including those directly supervised by pretrial services as well as those released under other forms of conditional release, and recommend appropriate modifications of release conditions;
     (6) Coordinate the services of other agencies, individuals or organizations that may serve as custodians for released defendants, and advise the court as to their appropriateness, availability, reliability and capacity relating to pretrial release conditions;
     (7) Review the status of detained defendants on ongoing basis for any changes in eligibility for release options and facilitate their release as soon as feasible and appropriate;
     (8) Develop and operate an accurate information management system to support prompt identification, information collections and presentation, risk assessment, release conditions selection, compliance monitoring and detention review functions essential to an effective pretrial release program; and
     (9) Remind persons released before trial of their court dates to attempt to facilitate their court appearance.;
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Enr. Com. Sub. for Senate Bill No. 307--An Act to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-10-5a; to amend and reenact §62-11C-5 and §62-11C-7 of said code; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all relating to the pretrial management of persons charged with committing a crime; clarifying bonding fees for persons charged with a crime; establishing minimum fees for bail bonds; setting schedule for payment of bail bond fees; requiring written prenumbered receipts for bail bond fees; establishing content requirements for bail bond receipts; requiring bail bondsmen to maintain receipt records for not less than five years; requiring courts to notify bondsmen within twenty-four hours if bond is to be forfeited; authorizing pretrial release programs; permitting certain fees to be assessed to county commissions; permitting certain fees to be assessed to persons on pretrial release upon subsequent conviction; stating applicability of pretrial release programs; establishing guidelines for pretrial release programs; providing for potential funding sources; requiring community pretrial committees to recommend release of certain persons facing criminal charges who are in regional jails prior to adjudication; setting forth the duties of pretrial release programs; clarifying that a circuit judge or a magistrate may impose a secured bond on participants in pretrial release programs; and removing day fine programs from the list of authorized community corrections programs.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 307) passed with its title, as amended, as a result of the objections of the Governor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 13, 2014

The Honorable Timothy Miley
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Miley:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4445.
     I disapprove the bill because its object is not adequately expressed in the title. The bill modifies the definitions of "assault", "battery" and "domestic battery"; however, its title does not make reference to the revised definition of "assault" set forth in the bill. Accordingly, I find the title of the bill inconsistent with the substance of the bill, so as to render Enrolled Committee Substitute for House Bill No. 4445 constitutionally defective.
     For this reason, I must disapprove the bill. However, I encourage the Legislature to reconsider this matter in the future and return it to my desk for approval.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:The Honorable Jeffrey V. Kessler
     The Honorable Natalie E. Tennant
     A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of
     Enr. Com. Sub. for House Bill No. 4445, Modifying the definition of "battery" and "domestic battery".
     On motion of Senator Unger, the message was taken up for immediate consideration.
     Senator Unger then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 4445), heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for House Bill No. 4445, the same was put and prevailed.
     On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the title of the bill:
     By striking out the title and substituting therefor a new title, to read as follows:
     Enr. Com. Sub. for House Bill No. 4445--An Act to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended, all relating amending the elements of assault and battery; and modifying the elements of "assault", "battery", "domestic assault" and "domestic battery" to include the use or attempted use of physical force.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 4445) passed with its title, as amended, as a result of the objections of the Governor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     On motion of Senator Unger, the Senate recessed until 1:15 p.m. today.
     Upon expiration of the recess, the Senate reconvened and resumed business under the third order.
     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. 306, Budget Bill.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Com. Sub. for Senate Bill No. 307, Authorizing community corrections programs to operate pretrial release program.
     The Senate proceeded to the sixth order of business.
     Senator Unger offered the following pre-adjournment resolution:
     Senate Resolution No. 55--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
     
Resolved by the Senate:
     That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senator Kessler (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
     Senators Cann, D. Hall and Carmichael.
     Senator Unger then offered the following resolution:
     Senate Resolution No. 56--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
     
Resolved by the Senate:
     That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Under the provision of the foregoing resolution, Senator Kessler (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate is ready to adjourn:
     Senators Kirkendoll, Fitzsimmons and Sypolt.
     Thereafter, the President recognized the presence of a three- member delegation from the House of Delegates, namely:
     Delegates Poore, Skaff and Andes, 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 Perdue, M. Poling and Azinger, who announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with its assignment.
     Senators Kirkendoll, Fitzsimmons and Sypolt, comprising the Senate committee, then joined with the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent legislative adjournment, and receive any message he might desire to transmit to the members of the Senate.
     On motion of Senator Cookman, the Joint Committee on Enrolled Bills was directed after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of the regular sixty-day and extended session of the Legislature, to file its reports with the Clerk of bills so enrolled, showing the date such bills were presented to the Governor; said reports to be included in the final Journal, together with Governor's action on said bills.
     In accordance with the foregoing motion, the following reports of the Joint Committee on Enrolled Bills were filed as follows:
     Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 17th day of March, 2014, 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. 165), Authorizing Department of Transportation promulgate legislative rules.
     (Com. Sub. for S. B. No. 196), Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Board.
     (Com. Sub. for S. B. No. 357), Relating to Logging Sediment Control Act civil and criminal penalties.
     (Com. Sub. for Com. Sub. for S. B. No. 373), Relating to water resources protection.
     (Com. Sub. for S. B. No. 376), Requiring certain construction workers complete OSHA safety program.
     (Com. Sub. for S. B. No. 383), Permitting certain residential real estate owners limited exemptions from licensing requirements.
     (Com. Sub. for Com. Sub. for S. B. No. 395), Relating to operation and oversight of certain human services benefit programs.
     (Com. Sub. for S. B. No. 397), Expanding scope of activities considered financial exploitation of elderly.
     (S. B. No. 403), Regulating importation and possession of certain injurious aquatic species.
     (Com. Sub. for Com. Sub. for S. B. No. 414), Redirecting nonprobate appraisement filings.
     (Com. Sub. for S. B. No. 427), Relating to motor vehicle insurance.
     (Com. Sub. for Com. Sub. for S. B. No. 431), Relating to issuance and renewal of certain driver's licenses and federal ID cards.
     (Com. Sub. for S. B. No. 461), Creating Future Fund.
     (Com. Sub. for S. B. No. 621), Authorizing insurers offer flood insurance.
     (Com. Sub. for H. B. No. 2165), Relating to death certificates of military veterans.
     (Com. Sub. for H. B. No. 4003), Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies.
     (Com. Sub. for H. B. No. 4067), Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
     (Com. Sub. for H. B. No. 4151), Relating to military members and their spouses who obtain licensure through professional boards.
     (H. B. No. 4154), Fixing a technical error relating to the motor fuel excise tax.
     (H. B. No. 4159), Updating the meaning of federal adjusted gross income and certain other terms.
     (H. B. No. 4178), Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia.
     (H. B. No. 4186), Relating to the procedures for issuing a concealed weapon license.
     (Com. Sub. for H. B. No. 4188), Updating the authority and responsibility of the Center for Nursing.
     (Com. Sub. for H. B. No. 4270), Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center.
     (Com. Sub. for H. B. No. 4284), Pregnant Workers' Fairness Act.
     (Com. Sub. for H. B. No. 4287), Administration of health maintenance tasks.
     (Com. Sub. for H. B. No. 4290), Revising the regulatory structure of money transmitters and other entities.
     (H. B. No. 4301), Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky.
     (H. B. No. 4302), Relating to elections for public school purposes.
     (Com. Sub. for H. B. No. 4304), Providing rules for motor vehicles passing bicycles on roadways.
     (H. B. No. 4365), Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board.
     (Com. Sub. for H. B. No. 4384), Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan.
     (Com. Sub. for H. B. No. 4393), Creating the Dangerous Wild Animals Act.
     (Com. Sub. for H. B. No. 4402), Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.
     (Com. Sub. for H. B. No. 4425), Giving the Superintendent of State Police authority to hire additional staff.
     (H. B. No. 4437), Relating to the Division of Juvenile Services.
     (Com. Sub. for H. B. No. 4449), Including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit purposes.
     (H. B. No. 4457), Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program.
     (H. B. No. 4488), Eliminating the requirement for notarization of the articles of incorporation for cooperative associations.
     And,
     (H. B. No. 4503), Declaring certain claims against the state and its agencies to be moral obligations of the state.
                              Respectfully submitted,
                               Donald H. Cookman,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Fitzsimmons, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of March, 2014, 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. 306), Budget Bill.
     (Com. Sub. for H. B. No. 4183), Supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways.
     And,
     (H. B. No. 4621), Expiring funds to the Board of Risk and Insurance Management, Patient Injury Compensation Fund from the Board of Risk and Insurance Management Medical Liability Fund.
                              Respectfully submitted,
                               Robert J. Fitzsimmons,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 20th day of March, 2014, 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. 3), Creating Uniform Real Property Transfer on Death Act.
     (Com. Sub. for S. B. No. 253), Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.
      And,
     (Com. Sub. for Com. Sub. for S. B. No. 523), Providing for additional state veterans skilled nursing facility in Beckley.
                              Respectfully submitted,
                               Donald H. Cookman,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Fitzsimmons, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 20th day of March, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2387), Relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals.
     (H. B. No. 2477), Permitting certain auxiliary lighting on motorcycles.
     (Com. Sub. for H. B. No. 2606), Permitting the State Rail Authority to set the salary of the executive director.
     (Com. Sub. for H. B. No. 2803), Requiring electric utilities to implement integrated resource plans.
     (Com. Sub. for H. B. No. 2954), Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature.
     (Com. Sub. for H. B. No. 3011), Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed.
     (Com. Sub. for H. B. No. 3156), Granting a labor organization a privilege from being compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee.
     (Com. Sub. for H. B. No. 4005), Relating to criminal offenses for child abuse and child neglect.
     (H. B. No. 4006), Relating to the possession and distribution of child pornography.
     (Com. Sub. for H. B. No. 4039), Authorizing miscellaneous boards and agencies to promulgate legislative rules.
     (H. B. No. 4135), Designating the first Thursday in May the West Virginia Day of Prayer.
     (Com. Sub. for H. B. No. 4139), Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse.
     (Com. Sub. for H. B. No. 4147), Relating to emergency preparedness.
     (Com. Sub. for H. B. No. 4149), Allowing members of the Board of Public Works to be represented by designees and to vote by proxy.
     (Com. Sub. for H. B. No. 4156), Electronic Toll Collection Act.
     (Com. Sub. for H. B. No. 4175), West Virginia Small Business Emergency Act.
     (Com. Sub. for H. B. No. 4184), Relating to the West Virginia Tourism Development Act.
     (Com. Sub. for H. B. No. 4196), Requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs.
     (Com. Sub. for H. B. No. 4204), Relating to the nonrenewal or cancellation of property insurance coverage policies in force for at least four years.
     (Com. Sub. for H. B. No. 4363), Creating an informal dispute resolution process available to behavioral health providers.
     (Com. Sub. for H. B. No. 4496), Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund.
     And,
     (H. B. No. 4618), Establishing transformative system of support for early literacy.
                              Respectfully submitted,
                               Robert J. Fitzsimmons,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Fitzsimmons, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 21st day of March, 2014, 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. 12), Relating to expedited partner therapy treatment.
     (Com. Sub. for S. B. No. 315), Clarifying use of certain funds under Military Authority Act.
     (Com. Sub. for Com. Sub. for S. B. No. 317), Relating to municipal firearm laws.
     (S. B. No. 325), Providing State Fire Marshal serve at will and pleasure of Fire Commission.
     (S. B. No. 350), Relating to Rural Rehabilitation Loan Program.
     (Com. Sub. for Com. Sub. for S. B. No. 356), Relating to purchasing reform.
     (S. B. No. 359), Removing hand canvassing requirements of electronic voting machines.
     (Com. Sub. for S. B. No. 365), Relating to administration of Conservation Agency programs.
     (S. B. No. 375), Excluding certain personal property from TIF assessment.
     (S. B. No. 380), Redefining "all-terrain and utility terrain vehicles".
     (Com. Sub. for Com. Sub. for S. B. No. 393), Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund.
     (Com. Sub. for S. B. No. 434), Eliminating revocation period for certain DUI offenders.
      And,
     (S. B. No. 454), Defining dam "owner".
                              Respectfully submitted,
                               Robert J. Fitzsimmons,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 21st day of March, 2014, 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. 88), Relating to claims for total loss and debris removal proceeds under farmers' mutual fire insurance companies.
     (Com. Sub. for S. B. No. 140), Authorizing Department of Commerce promulgate legislative rules.
     (Com. Sub. for Com. Sub. for S. B. No. 204), Relating to crime victims compensation awards.
     (Com. Sub. for Com. Sub. for S. B. No. 252), Allowing certain expelled students to return to school through Juvenile Drug Court.
     (Com. Sub. for S. B. No. 267), Ensuring state courts' jurisdiction of fraudulent or unauthorized purchasing card use.
      And,
     (Com. Sub. for Com. Sub. for S. B. No. 425), Relating to licensure, supervision and regulation of physician assistants.
                              Respectfully submitted,
                               Donald H. Cookman,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 27th day of March, 2014, 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. 133), Authorizing DEP promulgate legislative rules.
     (Com. Sub. for S. B. No. 155), Authorizing DHHR promulgate legislative rules.
     (Com. Sub. for S. B. No. 167), Authorizing Department of Revenue promulgate legislative rules.
     (Com. Sub. for S. B. No. 181), Authorizing Department of Administration promulgate legislative rules.
     (S. B. No. 202), Creating Benefit Corporation Act.
     (S. B. No. 209), Allowing special needs students to participate in graduation ceremonies.
     (Second Enrollment Com. Sub. for S. B. No. 307), Relating to pretrial management of persons charged with committing crimes.
     (S. B. No. 331), Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes.
     (Com. Sub. for Com. Sub. for S. B. No. 353), Relating to timber theft from state forests.
     (Com. Sub. for Com. Sub. for S. B. No. 378), Relating to special speed limitations as to waste service vehicles.
     (Com. Sub. for Com. Sub. for S. B. No. 391), Providing salary increase for teachers and school service personnel.
     (S. B. No. 394), Redesignating Health Sciences Scholarship Program as Health Sciences Service Program.
     (Com. Sub. for S. B. No. 405), Requiring presiding judge's permission to release juror qualification forms after trial's conclusion.
     (Com. Sub. for S. B. No. 408), Relating to parole.
     (Com. Sub. for S. B. No. 416), Relating to tentative appraisals of industrial and natural resources property.
     (S. B. No. 426), Relating to appointments to certain higher education commissions, councils and boards.
     (Com. Sub. for S. B. No. 439), Permitting Ohio County Commission levy special district excise tax for Fort Henry.
     (Com. Sub. for S. B. No. 450), Relating to sale and consumption of alcoholic beverages in certain outdoor settings.
     (S. B. No. 457), Requiring programs for temporarily detained inmates in regional jails.
     (Com. Sub. for S. B. No. 458), Dedicating certain circuit court fees to fund low-income persons' civil legal services.
     (Com. Sub. for S. B. No. 469), Creating Veterans and Warriors to Agriculture Program.
     (Com. Sub. for S. B. No. 477), Providing teachers determine use of time during planning period.
     (S. B. No. 485), Exempting DOH from certain permitting requirements of Natural Streams Preservation Act.
     (Com. Sub. for Com. Sub. for S. B. No. 486), Establishing certain salary increases for State Police civilian and forensic lab employees.
     (Com. Sub. for S. B. No. 507), Relating to Board of Barbers and Cosmetologists.
     (Com. Sub. for S. B. No. 535), Clarifying definition of "ginseng".
     (S. B. No. 547), Relating to number of municipal wards or election districts and council members.
     (Com. Sub. for S. B. No. 553), Relating to certificates of nomination for elected office.
     (S. B. No. 558), Finding and declaring certain claims against state.
     (S. B. No. 572), Relating to financing statements covering as-extracted collateral or timber to be cut.
     (Com. Sub. for S. B. No. 574), Clarifying mobile home permanently attached to real estate is not personal property under certain conditions.
     (Com. Sub. for S. B. No. 579), Creating Land Reuse Agency Authorization Act.
     (S. B. No. 585), Removing unconstitutional language regarding access to rail lines.
     (S. B. No. 586), Removing unconstitutional language regarding jurors and verdicts in certain civil litigation.
     (Com. Sub. for S. B. No. 600), Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties.
     (S. B. No. 601), Relating to property assessment appeals.
     (Com. Sub. for S. B. No. 602), Requiring health care providers wear ID badges.
     (Com. Sub. for S. B. No. 603), Relating to testing for presence of methane in underground mines.
     (Com. Sub. for S. B. No. 619), Exempting certain critical access hospitals from certificate of need requirement.
     (Com. Sub. for S. B. No. 623), Requiring notification of certain substance abuse screening of mine personnel.
     And,
     (S. B. No. 631), Extending time for Fayetteville City Council to meet as levying body.
                              Respectfully submitted,
                               Corey Palumbo,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 28th day of March, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2757), Private cause of action for the humane destruction of a dog.
     (Com. Sub. for H. B. No. 3108), Relating to criminal background checks on applicants for employment by nursing homes.
     (Com. Sub. for H. B. No. 4012), Relating to the Revised Uniform Law on Notarial Acts.
     (Com. Sub. for H. B. No. 4208), Banning synthetic hallucinogens.
     (Com. Sub. for H. B. No. 4210), Juvenile sentencing reform.
     (Com. Sub. for H. B. No. 4217), Relating to Medicaid reports to the Legislature.
     (Com. Sub. for H. B. No. 4220), Relating to waiver of jury trial in claims arising from consumer transactions.
     (Com. Sub. for H. B. No. 4228),
Repealing or removing certain portions of education-related statutes that have expired.
     (Com. Sub. for H. B. No. 4237), Prohibiting the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of eighteen.
     (Com. Sub. for H. B. No. 4242),
Increasing gross weight limitations on certain roads in Brooke County.
     (Com. Sub. for H. B. No. 4245), Relating to anticipated retirement dates of certain health care professionals.
     (Com. Sub. for H. B. No. 4254),
Providing that certain state employees may be granted a leave of absence with pay during a declared state of emergency.
     (H. B. No. 4256), Amending the annual salary schedule for members of the state police.  
     
(H. B. No. 4259), Extending the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body.
     (Com. Sub. for H. B. No. 4268), Relating to the administration of veterans' assistance.
     (Com. Sub. for H. B. No. 4278),
Rewriting the procedure by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery.
     (Com. Sub. for H. B. No. 4283), Raising the minimum wage.      (Com. Sub. for H. B. No. 4294), Establishing standards for court reporters and entities that provide court reporting services.
     (Com. Sub. for H. B. No. 4298), Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission.
     (Com. Sub. for H. B. No. 4312), Creating a certification for emergency medical technician-industrial.
     (Com. Sub. for H. B. No. 4316), Creating the student data accessability, transparency and accountability act.
     (Com. Sub. for H. B. No. 4318), Continuing education of veterans mental health.
     (H. B. No. 4332),
Extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds.
     (Com. Sub. for H. B. No. 4335), Relating to a child's right to nurse.
     (Com. Sub. for H. B. No. 4339), Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill.
     (Com. Sub. for H. B. No. 4343),
West Virginia Project Launchpad Act.
     (H. B. No. 4346), Establishing separate standards of performance for carbon dioxide emissions.
     (Com. Sub. for H. B. No. 4347), Relating to affirmative defenses against mechanics' liens
     (Com. Sub. for H. B. No. 4349),
Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order.     
     (Com. Sub. for H. B. No. 4360),
Relating to consumer credit protection.
     (Com. Sub. for H. B. No. 4373), Relating to driver education programs.
     
(Com. Sub. for H. B. No. 4392), Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers.
     (Com. Sub. for H. B. No. 4410), Redefining auctioneer exceptions.    
     (H. B. No. 4421), Allowing the lottery to pay prizes utilizing other payment methods in addition to checks.
     (H. B. No. 4431), Clarifying that persons who possess firearms, hunting dogs or other indicia of hunting do not necessarily need to have a hunting license.
     (Com. Sub. for H. B. No. 4432), Adopting Principle Based Reserving as the method by which life insurance company reserves are calculated.
     (Second Enrollment H. B. No. 4445), Modifying the definition of "battery" and "domestic battery".
     (H. B. No. 4460), Relating to violating provisions of the civil service law for paid fire departments.
     (Com. Sub. for H. B. No. 4473),
Relating to establishing voting precincts and changing the composition of standard receiving boards.
     (Com. Sub. for H. B. No. 4480),
Relating to investment of the Acid Mine Drainage Fund.
     (H. B. No. 4529),
Relating to the sale of wine.
     (Com. Sub. for H. B. No. 4538),
Relating to the Board of Dentistry.
     (H. B. No. 4549), Clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands.
     
(Com. Sub. for H. B. No. 4552), Relating to the court of claims.
     (Com. Sub. for H. B. No. 4560), Relating to reimbursement for copies of medical records.
     
(H. B. No. 4588), Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks.
     (H. B. No. 4601),
Relating to fiscal management and regulation of publicly-owned utilities.
     (Com. Sub. for H. B. No. 4608),
Defining dyslexia and dyscalculia.
     And,
     (H. B. No. 4619), Authorizing innovation school districts.
                              Respectfully submitted,
                               Corey Palumbo,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
Executive Communications

     Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
     The Clerk then presented communications from His Excellency, the Governor, advising that on March 18, 2014, he had approved Enr. Committee Substitute for Senate Bill No. 90, Enr. Committee Substitute for Senate Bill No. 357, Enr. Committee Substitute for Senate Bill No. 383, Enr. Committee Substitute for Senate Bill No. 397 and Enr. Senate Bill No. 403; on March 19, 2014, he had approved Enr. Senate Bill No. 456, Enr. Committee Substitute for House Bill No. 4183 and Enr. House Bill No. 4621; on March 20, 2014, he had approved Enr. Committee Substitute for Senate Bill No. 165, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 414, Enr. Committee Substitute for Senate Bill No. 461, Enr. Committee Substitute for Senate Bill No. 621, Enr. Committee Substitute for House Bill No. 4003, Enr. House Bill No. 4154, Enr. House Bill No. 4159, Enr. Committee Substitute for House Bill No. 4184, Enr. Committee Substitute for House Bill No. 4188, Enr. Committee Substitute for House Bill No. 4270 and Enr. House Bill No. 4301; on March 21, 2014, he had approved Enr. Committee Substitute for Senate Bill No. 196, Enr. Committee Substitute for Senate Bill No. 253, Enr. Committee Substitute for House Bill No. 2606, Enr. Committee Substitute for House Bill No. 3011, Enr. Committee Substitute for House Bill No. 4005, Enr. Committee Substitute for House Bill No. 4067, Enr. Committee Substitute for House Bill No. 4135, Enr. Committee Substitute for House Bill No. 4147, Enr. Committee Substitute for House Bill No. 4149, Enr. Committee Substitute for House Bill No. 4196, Enr. Committee Substitute for House Bill No. 4284, Enr. Committee Substitute for House Bill No. 4290, Enr. Committee Substitute for House Bill No. 4304, Enr. House Bill No. 4365, Enr. Committee Substitute for House Bill No. 4384, Enr. Committee Substitute for House Bill No. 4393, Enr. Committee Substitute for House Bill No. 4449, Enr. House Bill No. 4457 and Enr. House Bill No. 4488; on March 24, 2014, he had approved Enr. Senate Bill No. 88, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 204, Enr. Committee Substitute for Senate Bill No. 267, Enr. Committee Substitute for Senate Bill No. 315, Enr. Senate Bill No. 325, Enr. Senate Bill No. 350, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 356, Enr. Senate Bill No. 359, Enr. Senate Bill No. 380, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 393, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 425, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 523, Enr. Committee Substitute for House Bill No. 2387, Enr. House Bill No. 2477, Enr. House Bill No. 4006, Enr. Committee Substitute for House Bill No. 4139, Enr. House Bill No. 4178, Enr. Committee Substitute for House Bill No. 4204 and Enr. House Bill No. 4503; on March 25, 2014, he had approved Enr. Committee Substitute for Committee Substitute for Senate Bill No. 317; on March 26, 2014, he had approved Enr. Senate Bill No. 3, Enr. Committee Substitute for Senate Bill No. 140, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 252, Enr. Committee Substitute for Senate Bill No. 365, Enr. Committee Substitute for Senate Bill No. 376, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 395, Enr. Senate Bill No. 454, Enr. Committee Substitute for House Bill No. 2803, Enr. Committee Substitute for House Bill No. 2954, Enr. Committee Substitute for House Bill No. 3156, Enr. Com. Sub. for House Bill No. 4039, Enr. Committee Substitute for House Bill No. 4156, Enr. House Bill No. 4186, Enr. Committee Substitute for House Bill No. 4287, Enr. House Bill No. 4302, Enr. Committee Substitute for House Bill No. 4363, Enr. Committee Substitute for House Bill No. 4402, Enr. Committee Substitute for House Bill No. 4496 and Enr. House Bill No. 4618; on March 27, 2014, he had approved Enr. Senate Bill No. 375, Enr. Committee Substitute for Senate Bill No. 450, Enr. Committee Substitute for Senate Bill No. 469; on March 28, 2014, he had approved Enr. Senate Bill No. 209, Enr. Senate Bill No. 331, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 353, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 378, Enr. Senate Bill No. 394, Enr. Committee Substitute for Senate Bill No. 405, Enr. Committee Substitute for Senate Bill No. 408, Enr. Committee Substitute for Senate Bill No. 416, Enr. Committee Substitute for Senate Bill No. 427, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 431, Enr. Committee Substitute for Senate Bill No. 434, Enr. Committee Substitute for Senate Bill No. 439, Enr. Committee Substitute for Senate Bill No. 458, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 486, Enr. Committee Substitute for Senate Bill No. 535, Enr. Senate Bill No. 547, Enr. Committee Substitute for Senate Bill No. 553, Enr. Senate Bill No. 558, Enr. Committee Substitute for Senate Bill No. 574, Enr. Senate Bill No. 585, Enr. Senate Bill No. 586, Enr. Committee Substitute for Senate Bill No. 600, Enr. Senate Bill No. 601, Enr. Committee Substitute for Senate Bill No. 602, Enr. Committee Substitute for Senate Bill No. 603, Enr. Committee Substitute for Senate Bill No. 623, Enr. Senate Bill No. 631, Enr. Committee Substitute for House Bill No. 2757, Enr. Committee Substitute for House Bill No. 3108, Enr. Committee Substitute for House Bill No. 4012, Enr. Committee Substitute for House Bill No. 4210, Enr. Committee Substitute for House Bill No. 4220, Enr. Committee Substitute for House Bill No. 4237, Enr. Committee Substitute for House Bill No. 4242, Enr. Committee Substitute for House Bill No. 4245, Enr. House Bill No. 4256, Enr. House Bill No. 4259, Enr. Committee Substitute for House Bill No. 4268, Enr. Committee Substitute for House Bill No. 4278, Enr. Committee Substitute for House Bill No. 4294, Enr. Committee Substitute for House Bill No. 4298, Enr. Committee Substitute for House Bill No. 4312, Enr. Committee Substitute for House Bill No. 4318, Enr. Committee Substitute for House Bill No. 4335, Enr. Committee Substitute for House Bill No. 4360, Enr. Committee Substitute for House Bill No. 4392, Enr. House Bill No. 4421, Enr. House Bill No. 4431, Enr. House Bill No. 4437, Enr. House Bill No. 4460, Enr. House Bill No. 4529, Enr. Committee Substitute for House Bill No. 4538 and Enr. Committee Substitute for House Bill No. 4560; on March 31, 2014, he had approved Enr. Committee Substitute for Senate Bill No. 167, Enr. Committee Substitute for Senate Bill No. 181, Enr. Committee Substitute for Senate Bill No. 202, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 391, Enr. Senate Bill No. 485, Enr. Committee Substitute for Senate Bill No. 619, Enr. Committee Substitute for House Bill No. 4217, Enr. Committee Substitute for House Bill No. 4228, Enr. House Bill No. 4332, Enr. Committee Substitute for House Bill No. 4339, Enr. Committee Substitute for House Bill No. 4349, Enr. Committee Substitute for House Bill No. 4373, Enr. Committee Substitute for House Bill No. 4410, Second Enrollment Enr. House Bill No. 4445, Enr. Committee Substitute for House Bill No. 4473, Enr. Committee Substitute for House Bill No. 4480, Enr. Committee Substitute for House Bill No. 4549 and Enr. Committee Substitute for House Bill No. 4552; and on April 1, 2014, he had approved Enr. Committee Substitute for Senate Bill No. 133, Enr. Committee Substitute for Senate Bill No. 155, Second Enrollment Enr. Committee Substitute for Senate Bill No. 307, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 373, Enr. Senate Bill No. 457, Enr. Committee Substitute for Senate Bill No. 507, Enr. Senate Bill No. 572, Enr. Committee Substitute for Senate Bill No. 579, Enr. Committee Substitute for House Bill No. 4151, Enr. Committee Substitute for House Bill No. 4175, Enr. Committee Substitute for House Bill No. 4208, Enr. Committee Substitute for House Bill No. 4283, Enr. Committee Substitute for House Bill No. 4316, Enr. House Bill No. 4346, Enr. Committee Substitute for House Bill No. 4347, Enr. Committee Substitute for House Bill No. 4432, Enr. House Bill No. 4601, Enr. Committee Substitute for House Bill No. 4608 and Enr. House Bill No. 4619.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 19, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Due to a decline in projected revenues and a long-projected increase in the state match required for Medicaid expenses, this year's budget was the most challenging to deal with in years. I believe my recommended budget was solid and fundamentally sound.
     I proposed a budget relying on a two-year "bridge" of revenue from the Rainy Day Fund. My proposal tapped the Rainy Day Fund to fill budget gaps until fiscal year 2018, when the projected budget shortfalls transition to surpluses. With $914 million in cash, we have a sufficient amount in our Rainy Day Fund to deal with a two- year limited problem. As one of the creators of the State's reserve fund, I understand it was established for limited-term shortfalls, like this one.
  My budget proposal borrowed $83 million for Medicaid expenses. It assured the Rainy Day Fund would remain above the 15 percent threshold recommended by Wall Street rating agencies and by bond experts to continue the State's favorable bond ratings.
  Enrolled Committee Substitute for Senate Bill No. 306 built additional expenses into the budget that increase future fiscal year budgets. These increase the amount of revenue needed to balance the budget and make budget gaps deeper. Without a tax increase or other revenue source, and absent the action I am taking today, Enrolled Committee Substitute for Senate Bill No. 306 will drop the Rainy Day Fund below what is considered the recommended threshold of 15 percent down to 11.5 percent in three fiscal years.
  As stewards of taxpayer money, we must be committed to fiscal responsibility and not commit one-time surplus funds to increase on-going spending. Therefore, I have vetoed almost $67 million from Enrolled Committee Substitute for Senate Bill No. 306. In doing so:
   1)Utilization of the Rainy Day Fund is limited to $100 million in FY 2015.
2)The threshold of the Rainy Day Fund does not drop below 15 percent in Fiscal Year 2016.
  3)Our bond ratings will continue to be excellent.
   4)
The State will continue to receive the best interest rate on debt transactions.
  Some of these reductions curb grants and services and, while they are difficult, they are necessary to responsibly manage future year budgets without raising taxes.
  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. 306, passed March 14, 2014, approved with the following objections:
  My first objection to the Bill is contained in Item 35, page 34, lines 26 and 27, which states:
Regional Contracting
Assistance Center                                    41800        375,000
     At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $166,785 to $208,215.
     My second objection to the Bill is contained in Item 35, page 35, lines 38 and 39, which states:
Local Econ
omic Development
Assistance (R)                                       81900        4,688,940
     
This is a significant increase over the FY 2014 appropriation and this line item has a substantial reappropriated balance available. At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid growth in the State's base budget. Therefore, I am reducing the appropriation by the amount of $2,838,940 to $1,850,000.
     My third objection to the Bill is contained in Item 35, page 36, lines 76 through 78, which states:
     From the above appropriation for Current Expenses (fund 0256, appropriation 13000) $231,250 is for TechConnect and $231,250 is for Tamarack Foundation.
     The above language references an appropriation that has a zero balance. Therefore, I am deleting the language in its entirety, page 36, lines 76 through 78.
     My fourth objection to the Bill is contained in Item 47, page 41, line 6, which states:
Current Ex
penses (R)                                   13000        2,797,390
     
In my budget adjustment letter submitted to the Legislature on February 19, 2014, I recommended an additional $600,000 for the Office of Education Performance Audits to provide for increased audits in preparation for the new school grading system. A portion of this recommendation was reallocated to other lines within the Department of Education, not consistent with my recommended intent. Therefore, I am reducing the appropriation by the amount of $125,000 to $2,672,390.
     My fifth objection to the Bill is contained in Item 47, page 42, line 40, which states:
21st Cent
ury Innovation Zones                          87600        466,144
     
While the passage of HB 4619 during the 2014 regular session provides for an additional layer of Innovation Zones, the current level of funding has not been fully utilized and should be sufficient to meet the additional needs required by the bill. Therefore, I am reducing the appropriation by the amount of $200,000 to $266,144.
     My sixth objection to the Bill is contained in Item 47, page 42, line 41, which states:
21st Century Learners (R)
                              88600        2,187,598
     
In my budget adjustment letter submitted to the Legislature on February 19, 2014, I recommended an additional $600,000 for the Office of Education Performance Audits to provide for increased audits in preparation for the new school grading system. A portion of this recommendation was reallocated to other lines within the Department of Education, not consistent with my recommended intent. Therefore, I am reducing the appropriation by the amount of $125,000 to $2,062,598.
     My seventh objection to the Bill is contained in Item 47, page 44, lines 93 through 97, which states:
     Included in the above appropriation for 21st Century Innovation Zones (fund 0313, appropriation 87600) is $200,000 for Entrepreneurship Education Priority Innovation Zones to be used in accordance with the provisions of W. Va. Code §18-5b-3.
     Having reduced the appropriation to 21st Century Innovation Zones in objection five above, I am deleting the language in its entirety, page 44, lines 93 through 97.
     My eighth objection to the Bill is contained in Item 47, page 44, lines 98 through 106, which states:
     From the above appropriation for Educational Program Allowance (fund 0313, appropriation 99600), $100,000 shall be expended for Webster County Board of Education for Hacker Valley; $150,000 for the Randolph County Board of Education for Pickens School; and $100,000 shall be for the Preston County Board of Education for the Aurora School; $100,000 shall be for the Fayette County Board of Education for Meadow Bridge; and $85,000 is for Project Based Learning in STEM fields.
     The above language directs expenditures in excess of the available appropriation. Therefore, I am deleting the phrase on page 44, lines 104 and 105, "$100,000 shall be for the Fayette County Board of Education for Meadow Bridge;" and reducing the amount in the language on page 44, line 105 from $85,000 to $66,250.
     My ninth objection to the Bill is contained in Item 53, page 49, line 12, which states:
Educational Enhancements                               69500        350,000
     
The above appropriation includes new funding for the Reconnecting McDowell - Save the Children and the Clay Center. At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid new spending and building the State's base budget. Therefore, I am reducing the appropriation by the amount of $150,000 to $200,000.
     My tenth objection to the Bill is contained in Item 53, page 49, lines 28 through 31, which states:
     Included in the above appropriation for Educational Enhancements (fund 0294, appropriation 69500) is $250,000 for Reconnecting McDowell - Save the Children, and $100,000 for the Clay Center.
     Having reduced the appropriation to Educational Enhancements in objection nine above, I am reducing the amount in the language on page 49, line 29 from $250,000 to $125,000 and on page 49, line 31 from $100,000 to $75,000.
     My eleventh objection to the Bill is contained in Item 62, page 56, lines 16 and 17, which states:
Primary Care Centers -
Mortgage Finance                                     41300        343,505
     
At a time when we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce spending. An independent audit of the Department recommended the elimination of this funding because it was not tied to outcome measures. In addition, federal grant funding for capital and infrastructure investment has mitigated the need for general revenue funds for this purpose. With the expansion of Medicaid and the implementation of the Affordable Care Act, the Primary Care Centers will experience less uncompensated care and will be in a better position to deal with a reduction in the state subsidy for their mortgages. Through a structured methodology, I recommend phasing out this subsidy over the next three years. Therefore, I am reducing the appropriation by the amount of $114,502 to $229,003.
     My twelfth objection to the Bill is contained in Item 62, page 58, lines 82 through 113, which states:
     Included in the above appropriation for Primary Care Centers - Mortgage Finance (fund 0407, appropriation 41300) is $22,919 for the mortgage payment for the Lincoln Primary Care Center, Inc.; $24,359 for the mortgage payment for the Monroe Health Center; $19,510 for the mortgage payment for Roane County Family Health Care, Inc.; $22,002 for the mortgage payment for Community Care (formerly Primary Care Systems); $9,168 for the mortgage payment for the Belington Community Medical Services; $13,751 for the mortgage payment for Community Care (formerly Tri-County Health Clinic); $6,876 for the mortgage payment for Valley Health Care (Randolph); $12,176 for the mortgage payment for WomenCare (Family Care Health Center - Madison); $3,667 for the mortgage payment for Northern Greenbrier Health Clinic; $5,819 for the mortgage payment for the Women's Care, Inc. (Putnam); $9,168 for the mortgage payment for the North Fork Clinic (Pendleton); $18,335 for the mortgage payment for the Pendleton Community Care; $17,602 for the mortgage payment for Clay-Battelle Community Health Center; $22,678 for the mortgage payment for Monongahela Valley Association of Health Centers, Inc. (Marion); $15,401 for the mortgage payment for Mountaineer Community Health Center; $5,959 for the mortgage payment for the St. George Medical Clinic; $12,835 for the mortgage payment for the Bluestone Health Center; $20,627 for the mortgage payment for Wheeling Health Right; $22,002 for the mortgage payment for the Minnie Hamilton Health Care Center, Inc.; $24,752 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.; $20,627 for the mortgage payment for the Change, Inc.; and $13,274 for the mortgage payment for the Wirt County Health Services Association.
     Having reduced the appropriation to Primary Care Center - Mortgage Finance in objection eleven above, I am reducing the amount in the language on page 58, line 84 from $22,919 to $15,279, on page 58, line 85 from $24,359 to $16,239, on page 58, line 86 from $19,510 to $13,007, on page 58, line 87 from $22,002 to $14,668, on page 58, line 89 from $9,168 to $6,112, on page 58, line 90 from $13,751 to $9,167, on page 58, line 92 from $6,876 to $4,584, on page 58, line 93 from $12,176 to $8,117, on page 58, line 95 from $3,667 to $2,445, on page 58, line 96 from $5,819 to $3,879, on page 58, line 97 from $9,168 to $6,112, on page 58, line 98 from $18,335 to $12,223, on page 58, line 100 from $17,602 to $11,735, on page 58, line 101 from $22,678 to $15,119, on page 58, line 103 from $15,401 to $10,267, on page 58, line 104 from $5,959 to $3,973, on page 58, line 106 from $12,835 to $8,557, on page 58, line 107 from $20,627 to $13,751, on page 58, line 108 from $22,002 to $14,668, on page 58, line 109 from $24,752 to $16,501, on page 58, line 111 from $20,627 to $13,751, and on page 58, line 112 from $13,274 to $8,849.
     My thirteenth objection to the Bill is contained in Item 66, page 62, line 11, which states:
Family Resource Networks                               27400        1,762,464
     
My recommended FY 2015 budget included an appropriation of $1,612,000 for this line item. At a time when we are facing major future funding challenges, it is imperative that a proactive approach be used to reduce base budget spending. Efforts are underway to ensure this service is efficiently operated and monitored for evidence-based results. Part of this effort will determine if any duplication is taking place amongst the family support programs.  Cuts are never easy, but are necessary in our State's current financial situation. Therefore, I am reducing the appropriation by the amount of $150,464 to $1,612,000.
     My fourteenth objection to the Bill is contained in Item 66, page 62, lines 12 and 13, which states:
Domestic Violence
Legal Services Fund                                  38400        400,000
     
My recommended FY 2015 budget included an appropriation of $370,000 for this line item. This line item is also supported by special revenue fees from the circuit court which are adequate to cover a reduction to this line item.  Therefore, I am reducing the appropriation by the amount of $30,000 to $370,000.
     My fifteenth objection to the Bill is contained in Item 66, page 62, line 25, which states:
In-Home Family Education                               68800        1,000,000
     
My recommended FY 2015 budget included an appropriation of $750,000 for this line item. Efforts are underway to ensure this service is efficiently operated and monitored for evidence-based results. Part of this effort will determine if any duplication is taking place amongst the family support programs. At a time when we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce base budget spending to better position the State to address anticipated budget gaps. Therefore, I am reducing the appropriation by the amount of $250,000 to $750,000.
     My sixteenth objection to the Bill is contained in Item 66, page 62, lines 37 through 39, which states:
Grants for Licensed Domestic
Violence Programs and
Statewide Prevention                                 75000        2,500,000
     
My recommended FY 2015 budget included an appropriation of $2,142,100 for this line item. At a time when we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce base budget spending. Cuts are never easy, but are necessary in our State's current financial situation. Therefore, I am reducing the appropriation by the amount of $357,900 to $2,142,100.
     My seventeenth objection to the Bill is contained in Item 66, page 63, line 48, which states:
Children's Trust Fund - Transfer                       95100        300,000
     
My recommended FY 2015 budget included an appropriation of $220,000 for this line item. Efforts are underway to ensure this service is efficiently operated and monitored for evidence-based results. Part of this effort will determine if any duplication is taking place amongst the family support programs.  At a time when we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce base budget spending to better position the State to address anticipated budget gaps. Therefore, I am reducing the appropriation by the amount of $80,000 to $220,000.
     My eighteenth objection to the Bill is contained in Item 68, page 66, line 1, which states:
Unclassified                                           09900        $16,710,103
     
My recommended FY 2015 budget included an appropriation of $15,524,044 for this fund. While the programmatic appropriations I recommended were consolidated into one Unclassified line item, the aggregate funding level was also increased. As good stewards of the taxpayers' dollars, there are times we must do more with less and reduce the State's base budget. Therefore, I am reducing the appropriation by the amount of $1,186,059 to $15,524,044.
     My nineteenth objection to the Bill is contained in Item 73, page 69, line 15, which states:
Corrections Academy                                    56900        1,602,129
     This line increased funding for above my FY 2015 recommendation by $200,000. At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $100,000 to $1,502,129.
     My twentieth objection to the Bill is contained in Item 74, page 71, lines 1 and 2, which states:
Personal Services and
Employee Benefits                                    00100        $59,075,965
     At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. The State Police have historically been able to transfer extra funds from Personal Services to other lines within their budget and do not require as large of an increase to fund the salary increases for civilian employees required under SB 486 passed during the 2014 regular session and the new State Troopers for the Internet Crimes Against Children Unit. Therefore, I am reducing the appropriation by the amount of $507,913 to $58,568,052.
     My twenty-first objection to the Bill is contained in Item 74, page 71, line 3, which states:
Children's Protection Act                              09000        947,942
     
My recommended FY 2015 budget included an appropriation of $935,819 for this line item. As good stewards of the taxpayers' dollars, there are times we must do more with less and reduce the State's base budget. Therefore, I am reducing the appropriation by the amount of $12,123 to $935,819.
     My twenty-second objection to the Bill is contained in Item 74, page 71, line 4, which states:
Current Expenses                                       13000        11,219,232
     My recommended FY 2015 budget included an appropriation of $10,397,784 for this line item. At a time when we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce base budget spending. Therefore, I am reducing the appropriation by the amount of $821,448 to $10,397,784.
     My twenty-third objection to the Bill is contained in Item 74, page 71, line 6, which states:
Vehicle Purchase                                       45100        2,403,790
     At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $903,790 to $1,500,000.
     My twenty-fourth objection to the Bill is contained in Item 74, page 71, lines 8 and 9, which states:
Communications and
Other Equipment (R)                                  55800        1,338,968
     My recommended FY 2015 budget included an appropriation of $1,268,968 for this line item. At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $70,000 to $1,268,968.
     My twenty-fifth objection to the Bill is contained in Item 74, page 71, line 10, which states:
Trooper Retirement Fund                                60500        4,625,240
     Having reduced the appropriation for Personal Services and Employee Benefits in objection twenty above, it is necessary to reduce the appropriation proportionally for retirement matching. Therefore, I am reducing the appropriation by the amount of $38,899 to $4,586,341.
     My twenty-sixth objection to the Bill is contained in Item 74, page 71, line 11, which states:
Handgun Administration Expense                         74700        81,668
     My recommended FY 2015 budget included an appropriation of $80,240 for this line item. Cuts are never easy, but are necessary in our State's current fiscal situation. Therefore, I am reducing the appropriation by the amount of $1,248 to $80,420.
     My twenty-seventh objection to the Bill is contained in Item 74, page 71, lines 12 and 13, which states:
Capital Outlay and
Maintenance (R)                                      75500        314,425
     My recommended FY 2015 budget included an appropriation of $250,000 for this line item. At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $64,425 to $250,000.
     My twenty-eighth objection to the Bill is contained in Item 74, page 71, lines 16 and 17, which states:
Automated Fingerprint
Identification System                                89800        704,920
     My recommended FY 2015 budget included an appropriation of $671,994 for this line item. At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $32,926 to $671,994.
     My twenty-ninth objection to the Bill is contained in Item 76, page 73, line 5, which states:
Child Advocacy Centers (R)                             45800        1,702,466
     At a time when we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce base budget spending to better position the State to address anticipated budget gaps. Therefore, I am reducing the appropriation by the amount of $200,000 to $1,502,466, which is the FY 2014 funding level.
     My thirtieth objection to the Bill is contained in Item 76, page 73, lines 8 and 9, which states:
Sexual Assault Forensic
Examination Commission                               71400        150,000
     This is a new program for which a necessary level of appropriation has not yet been established. In light of this uncertainty and the ongoing budget challenges we are facing, a cautious and prudent approach be taken to control and limit new spending and the State's base budget. Therefore, I am reducing the appropriation by the amount of $50,000 to $100,000.
     My thirty-first objection to the Bill is contained in Item 90, page 82, lines 1 through 4, which states:
Transfer to Division of
Human Services for Health
Care and Title XIX Waiver
for Senior Citizens                                  53900        $19,457,690
     At a time when we are facing major future funding challenges, it is imperative that a cautious and prudent approach be taken to slow growth in the State's base budget. The above appropriation expands an optional Medicaid program. Providing services to our seniors in their homes is an important option. Therefore, I have directed the Secretary of the Department of Health and Human Resources to evaluate all the care provided to our seniors to ensure appropriate utilization of services. The expansion of Medicaid and the implementation of the Affordable Care Act should be monitored prior to significantly expanding any program without utilization data. Therefore, I am reducing the appropriation by the amount of $3,500,000 to $15,957,690. Notwithstanding, this appropriation provides an additional 335 slots in the program.
     My thirty-second objection to the Bill is contained in Item 91, page 83, lines 7 and 8, which states:
West Virginia Advance
Workforce Development (R)                            89300        3,645,095
     This line represents a $400,000 increase above my recommended FY 2015 budget. As good stewards of the taxpayers' dollars, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $200,000 to $3,445,095, which is still above the FY 2014 funding level for this line item.
     My thirty-third objection to the Bill is contained in Item 91, pages 83 and 84, lines 33 through 37, which states:
     Included in the above appropriation for West Virginia Advance Workforce Development (fund 0596, appropriation 89300) is an additional $400,000 to be used exclusively for advanced manufacturing and energy industry specific training programs.
     Having reduced the appropriation to West Virginia Advance Workforce Development in objection thirty-two above, I am reducing the amount in the language on page 83, line 35 from $400,000 to $200,000.
     My thirty-fourth objection to the Bill is contained in Item 96, page 85, lines 1 and 2, which states:
West Virginia University -
Parkersburg                                          47100        $10,081,330
     My recommended FY 2015 budget included an appropriation of $9,858,752 for this line item. At a time when we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce base budget spending to better position the State to address anticipated budget gaps. Therefore, I am reducing the appropriation by the amount of $222,578 to $9,858,752.
     My thirty-fifth objection to the Bill is contained in Item 104, page 90, line 1, which states:
West Virginia University                               45900        $103,099,869
     At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to slow the growth in the State's base budget. Therefore, I am reducing the appropriation by the amount of $100,000 to $102,999,869.
     My thirty-sixth objection to the Bill is contained in Item 104, pages 90 and 91, lines 18 through 45, which states:
     Included in the above appropriation for West Virginia University (fund 0344, appropriation 45900) is $34,500 for the Marshall and WVU Faculty and Course Development International Study Project; $546,429 for the WVU Law School - Skills Program; $300,000 for the WVU Coal and Energy Research Bureau to be expended in consultation with the Board of Coal Mine Health and Safety, the Mine Safety Technology Task Force, and the DEP Advisory Council; $19,714 for the WVU College of Engineering and Mineral Resources - Diesel Training - Transfer; $500,000 for the Mining Engineering Program; $220,000 for the WVU Petroleum Engineering Program; $82,500 for the WVU - Sheep Study; $630,000 for the Davis College of Forestry Agriculture and Consumer Sciences of which $80,000 is for a Landscape Architect, $112,500 is to be used for Morgantown Farms, $112,500 is to be used for repairs at the Raymond Memorial Farm, $112,500 is to be used for Reedsville Farm, and $112,500 is to be used for Kerneysville Farm; $200,000 for Reedsville Arena and Jackson's Mill Arena; $100,000 for the WVU - Soil Testing Program; $100,000 for a veterinarian; $50,000 for the WVU Cancer Study; $500,000 for the Center for Multiple Sclerosis Program; $150,000 for the WV Alzheimer Disease Register; $100,000 for the rifle team; $125,000 is for the West Virginia University National Center of Excellence in Women's Health; and $30,000 for the West Virginia University Extension Service to develop a cyber-bullying prevention program.
     Having reduced the appropriation to West Virginia University in objection thirty-five above, I am reducing the amount in the language on page 90, line 21 from $546,429 to $446,429. The language also directs additional expenditures without increasing the appropriation, placing a greater strain on current resources. Therefore, I am deleting the phrase on page 91, line 41 through line 43, "$125,000 is for the West Virginia University National Center of Excellence in Women's Health;".
     My thirty-seventh objection to the Bill is Item 149, page 112, lines 1 through 5, which states:
     From the balance of funds in the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund (fund 2367) the amount of $2,216,846 shall be expired to the Medical Services Trust Fund (fund 5185).
     The Board of Risk and Insurance Management - Premium Tax Savings Fund is not the proper place to make an expiration to the Medical Services Trust Fund. Therefore, I am deleting the language in its entirety, page 112, lines 1 through 5.
     My thirty-eighth objection to the Bill is contained in Item 233, page 146, lines 1 and 2, which states:
Medical Services Trust Fund -
Transfer                                             51200        $147,552,295
     While we are forced, for the first time, to utilize a portion of our Revenue Shortfall Reserve Fund to fund rising state Medicaid appropriations, it is critical that appropriate actions be taken to minimize the usage of the fund, which, among others, is a factor in the state's bond rating. Early projections for next year's FY 2016 budget show a budget gap that must be addressed next year and maintaining a healthy balance in the Revenue Shortfall Reserve Fund will serve West Virginians well.
     Through the actions in this veto message, and the actions of the Legislature in the passage of HB 101 during the 2014 first extraordinary session, there will be additional funds available to appropriate to Medicaid at a later time. This allows the appropriation to Medicaid from the Revenue Shortfall Reserve Fund to be decreased to a more responsible level. Therefore, I am reducing the appropriation by the amount of $47,552,295 to $100,000,000.
     My thirty-ninth objection to the Bill is contained in Item 287, page 170, line 1, which states:
Current Expenses                                       13000        $3,653,750
     This is a significant increase over the FY 2014 appropriation. At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to slow the growth in the State's base budget. Therefore, I am reducing the appropriation by the amount of $2,384,375 to $1,269,375.
     My fortieth objection to the Bill is contained in Item 291, page 182, line 5, which states:
Libraries - Special Projects (R)                       62500        786,250
      At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $786,250 to $0.
     My forty-first objection to the Bill is contained in Item 292, page 183, lines 8 and 9, which states:
Senior Citizen Centers and
Programs (R)                                         46200        2,284,750
     This is a significant increase over the FY 2014 appropriation and this line item has a substantial reappropriated balance available. At a time when we are facing ongoing budget challenges, it is imperative that a cautious and prudent approach be taken to avoid growth in the State's base budget. Therefore, I am reducing the appropriation by the amount of $1,284,750 to $1,000,000.
     My forty-second objection to the Bill is contained in Item 292, page 183, lines 25 and 26, which states:
In-Home Services and Nutrition
for Senior Citizens                                  91700        4,420,941
      At a time when we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce base budget spending. Cuts are never easy, but are necessary in our State's current financial situation. Therefore, I am reducing the appropriation by the amount of $100,000 to $4,320,941.
     For the reasons stated herein, I have approved, subject to the above objections, Enrolled Committee Substitute for Senate Bill No. 306.
                              Sincerely,
                               Earl Ray Tomblin
                               Governor.
Veto Messages

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 25, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 12.
     I disapprove this bill because there is a technical error in the provision amending section three, article five, chapter thirty. Specifically, the bill purports to amend subsection (g) of this section as it appeared prior to the enactment of House Bill No. 2577 in 2013. House Bill No. 2577 rewrote article five, and made wholesale changes to section three -- including the elimination of all subsections. The amendment made to section three in Senate Bill No. 12 adds language to a subsection that does not appear in current law.
     For this reason, I must disapprove the bill.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Jeffrey V. Kessler
     The Honorable Timothy R. Miley
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 25, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 2165. This bill, if signed into law, would require the State Registrar and the clerks of the county commissions to issue, without charging a fee, no more than two certified copies of a veteran's death certificate to certain individuals. Although the bill's title references its impact on clerks of the county commissions, it fails to address the new obligations the bill would impose on the State Registrar. In these circumstances, the title is defective and I must, therefore, disapprove and return Enrolled Committee Substitute for House Bill No. 2165.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Timothy R. Miley
     The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 28, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4425, which amends West Virginia Code §15-2-7. Unfortunately, this code section was also amended during the 2014 Regular Session of the Legislature in Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 486. Because these bills contain alternative versions of the same code section, only one may become law. Therefore, I disapprove and return Enrolled Committee Substitute for House Bill No. 4425.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Timothy R. Miley
     The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 28, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 4588. I am advised the bill is unconstitutional under controlling precedent of the Supreme Court of the United States. See Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U. S. 833, 879 (1992) (holding a state "may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability"); see also Isaacson v. Horne, 716 F.3d 1213 (9th Cir. 2013), cert. denied, 134 S. Ct. 905 (Jan. 13, 2014) (declaring unconstitutional Arizona's fetal pain statute prohibiting the termination of pregnancy at twenty weeks gestation, before the fetus is viable).
     The bill is also problematic because it unduly restricts the physician-patient relationship. All patients, particularly expectant mothers, require the best, most unfettered medical judgment and advice from their physicians regarding treatment options. The medical community has made it clear to me that the criminal penalties this bill imposes will impede that advice and those options to the detriment of the health and safety of expectant mothers. West Virginia has a need for qualified, competent physicians. I fear this bill, if signed into law, would make it difficult for the Mountain State to attract and retain the obstetricians and gynecologists it requires.
     In disapproving and returning the bill, I wish to highlight that I have the utmost respect for the legislative process and for the views of my able friends in the West Virginia Senate and House of Delegates on both sides of this difficult issue -- an issue that, as Justice Blackmun observed, "raises moral and spiritual questions over which honorable persons can disagree sincerely and profoundly." See Thornburgh v. American College of Obstetricians and Gynecologists, 476 U. S. 747, 772 (1986). I believe there is no greater gift of love than the gift of life. I have stated this time and again throughout my career and it is reflected in my legislative voting record. However, as the Governor of West Virginia, I am duty bound to "support the Constitution of the United States and the Constitution of this State." See W. Va. Const. art. IV, §5. It is in this role that I disapprove and return Enrolled House Bill No. 4588.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Timothy R. Miley
     The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 31, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 426. If signed into law, this bill would, among other things, require gubernatorial appointments to the Higher Education Policy Commission, institutional boards of governors, and the Council for Community and Technical College Education to be made within certain limited time constraints. The deadlines set forth in the bill would unreasonably restrict the time required to thoughtfully investigate and deliberate on candidates for appointment. In these circumstances, the bill restricts the broad powers of appointment afforded to the governor by the Constitution of West Virginia. See W. Va. Const. art. VII, §8. Consequently, I must disapprove and return Enrolled Senate Bill No. 426.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Jeffrey V. Kessler
     The Honorable Timothy R. Miley
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 31, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4254.
     The aim of this bill--granting certain state employees a temporary leave of absence with pay and benefits to assist emergency aid providers during a declared State of Emergency--is admirable. However, the bill lacks critical details. For example, it authorizes and pays an employee to render aid in a disaster area where he or she could be exposed to danger, but fails to shield the state from liability. It also fails to address insurance coverage issues. Further, it does not provide the employees' immediate supervisors with guidance or criteria to consider in their assessment of whether to approve requests for paid leave. In these circumstances, the Legislature may wish to reconsider this bill in the future with an eye toward clarifying the details of Enrolled Committee Substitute for House Bill No. 4254.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Timothy R. Miley
     The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 31, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4343. This bill aims to attract new businesses to economically depressed areas of the state by authorizing broad tax exemptions and credits for locating within a defined district, employing residents of the district, and basing operations on state-of-the-art technology.
     The goals of the "Project Launchpad Act" are admirable, and I applaud its stakeholders and the Legislature for their hard work on this unique economic development effort. However, I am advised by the State Tax Department that the bill, as presently drafted, is problematic and unworkable for multiple reasons. The bill, for instance, contains a host of technical errors and inconsistencies. The Department of Commerce has also expressed concerns about the bill and the administrative challenges it would pose, if signed.
     In light of the foregoing, I must disapprove and return Enrolled Committee Substitute for House Bill No. 4343.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Timothy R. Miley
     The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2014

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 477.
     I support the policy that teachers should be provided planning periods that are reasonably unburdened by other demands. However, the revisions made to W. Va. Code §18A-4-14 prevent principals and teachers from working in a collaborative manner to arrange the instructional day. It is vital that West Virginia law reflect education policies that encourage mutual administrative engagement in joint planning. Research demonstrates this type of cooperation has a profoundly positive impact on effective teacher instruction and increases student achievement.
     Senate Bill No. 477 would also impose additional costs on the already strained budgets of county boards of education. In light of the negative impact on teacher collaboration and county board of education budgets, I must disapprove and return Enrolled Committee Substitute for Senate Bill No. 477.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Jeffrey V. Kessler
     The Honorable Timothy R. Miley
     All business of the sixty-day and extended session now being concluded,
     Senator Kirkendoll, from the select committee to notify His Excellency, the Governor, that the Senate is ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Kirkendoll then reported this mission accomplished.
     Thereupon,
     On motion of Senator Unger, the Senate adjourned sine die.
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