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sdj-64th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

EXTENDED SESSION, 2013

SIXTY-FOURTH DAY

____________

Charleston, W. Va., Wednesday, April 17, 2013

     The Senate met at 5 p.m.
(Senator Kessler, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
     Pending the reading of the Journal of Tuesday, April 16, 2013,
     On motion of Senator Cole, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the third order of business.
Executive Communications

     The Clerk then presented a communication from His Excellency, the Governor, advising that on April 16, 2013, he had approved Enr. Senate Bill No. 458.
     The Senate proceeded to the fourth order of business.
     Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 17th day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2108), Making the offense of failure to wear safety belts a primary offense.
     (Com. Sub. for H. B. No. 2395), Relating to senior services.
     (Com. Sub. for H. B. No. 2431), Modifying the application process for obtaining a state license to carry a concealed deadly weapon.
     (Com. Sub. for H. B. No. 2553), Authorizing the Secretary of State to administratively dissolve certain business entities.
     (H. B. No. 2800), Relating to the Teachers' Retirement System.
     (Com. Sub. for H. B. No. 2802), Relating to the Emergency Medical Services Retirement System.
     (H. B. No. 2814), Relating to human trafficking.
     (Com. Sub. for H. B. No. 2815), Clarifying and modifying the process of appointing and terminating guardians for minors.
     (Com. Sub. for H. B. No. 2858), Relating generally to consumer rate relief bonds.
     (Com. Sub. for H. B. No. 2923), Relating to directors of state-chartered banking institutions.
     (Com. Sub. for H. B. No. 2940), Relating to regional meetings among certain officials of county boards of education.
     (Com. Sub. for H. B. No. 3003), Facilitating compliance with the Tobacco Master Settlement Agreement.
     (H. B. No. 3028), Expanding the number of hours temporary state personnel may work in a calendar year.
     (H. B. No. 3104), Authorizing certain legislative rules regarding higher education.
     And,
     (H. B. No. 3160), Providing for a pilot initiative on governance of schools jointly established by adjoining counties.
                              Respectfully submitted,
                               Donald H. Cookman,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Without objection, the Senate returned to the third order of business.
Executive Communications

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

OFFICE OF THE GOVERNOR

CHARLESTON

April 17, 2013

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 2431. The bill's title refers to a section of the Code that was not amended in the body of the bill (§61-7-2) instead of the section that was amended (§61-7-4), therefore rendering the bill constitutionally defective.
     In view of the foregoing, I must veto Enrolled Committee Substitute for House Bill No. 2431.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:The Honorable Jeffrey V. Kessler
     The Honorable Natalie E. Tennant
     A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of
     Enr. Com. Sub. for House Bill No. 2431, Modifying the application process for obtaining a state license to carry a concealed deadly weapon.
     On motion of Senator Unger, the message was taken up for immediate consideration.
     Senator Unger then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 2431), heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for House Bill No. 2431, the same was put and prevailed.
     On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the title of bill:
     By striking out the title and substituting therefor a new title, to read as follows:
     Enr. Com. Sub. for House Bill No. 2431--An Act to amend and reenact §61-7-4 and §61-7-7 of the Code of West Virginia, 1931, as amended, all relating to the process for obtaining a state license to carry a concealed deadly weapon; conforming state licensure law to meet federal "Brady Exemption" requirements; clarifying certain restrictions and prohibitions; clarifying effect of expungement, pardons or reversal of prior offenses on permit applications; clarifying training and certification requirements; and clarifying background check requirements.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for H. B. No. 2431) passed with its title, as amended, as a result of the objections of the Governor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Senator Kessler (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 17, 2013

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 2814. The bill's enacting section refers to a new article of the West Virginia Code that is not referenced in the bill's title or included in the body of the bill, therefore rendering the bill constitutionally defective. In addition, on page 4, line 90, there is a nonfatal grammatical error, and the line should be revised to read "he or she" instead of "her or she".
     In view of the foregoing, I must veto Enrolled House Bill No. 2814.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:The Honorable Jeffrey V. Kessler
     The Honorable Natalie E. Tennant
     A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of
     Enr. House Bill No. 2814, Prohibiting the federal government from requiring state agencies to enforce the provisions of federal health care legislation.
     On motion of Senator Unger, the message was taken up for immediate consideration.
     Senator Unger then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. H. B. No. 2814), heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled House Bill No. 2814, the same was put and prevailed.
     On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the bill:
     By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That §61-2-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. H. B. No. 2814) passed with its title, as amended, as a result of the objections of the Governor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Senator Kessler (Mr. President) next laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 17, 2013

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 3160.
     The bill's title evidences a technical error. Specifically, the title references the bill's "authorizing adoption of separate and requests of waivers" without including the word "policies" following the word "separate". Without the inclusion of the word "policies", the title fails to reference the purpose of subsection (b) of §18-5-11a, which permits the board to "adopt policies for the school that are separate from the policies of the respective counties". Moreover, there is an incorrect cross-reference in subsection (c) of §18-5A-2a, on page 7, line 43-44, which refers to "subdivisions (1) and (2), subsection (a) of this section." This cross-reference should refer to "subsection (b) of this section" because subsection (a) does not include subdivisions.
     Further, there are also some nonfatal technical issues relating to the designation of subsections, subdivisions, paragraphs and subparagraphs in §18-5-11a. These issues begin on page 4, line 57 with "(A) Personnel." Because this should be a subparagraph, (A) should be revised as a lower case Roman numeral, (i), and the rest of the section should follow accordingly. Finally, on page 5, line 90, subsection (b) should be revised as subsection (d) because there was a previous subsection with that designation in the section.
     In view of the foregoing, I hereby veto Enrolled House Bill No. 3160.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:The Honorable Jeffrey V. Kessler
     The Honorable Natalie E. Tennant
     A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of
     Enr. House Bill No. 3160, Providing for a pilot initiative on governance of schools jointly established by adjoining counties.
     On motion of Senator Unger, the message was taken up for immediate consideration.
     Senator Unger then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. H. B. No. 3160), heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled House Bill No. 3160, the same was put and prevailed.
     On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the title of the bill:
     Enr. House Bill No. 3160--An Act to amend and reenact §18-5-11 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-5-11a; and to amend said code by adding thereto a new section, designated §18-5A-2a, all relating to joint establishment, maintenance and operation of school by two or more adjoining counties; requiring formal agreement for apportionment of acquisition costs; providing for operating costs; providing net enrollment adjustment for certain costs; providing for joint governing partnership board pilot initiative; making findings with respect to pilot initiative and purpose; establishing limitation and condition; providing features of partnership board; authorizing adoption of separate policies and requests of waivers; providing for modifications to local school improvement council membership for jointly established school; providing for modifications to local school improvement council membership for jointly attended school under certain conditions; and aligning authority of improvement council for proposing alternatives and requesting waivers.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.
     On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. H. B. No. 3160) passed with its title, as amended, as a result of the objections of the Governor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report, to take effect from passage, and requested the concurrence of the Senate in the adoption thereof, as to
     Eng. Com. Sub. for House Bill No. 2014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
     Whereupon, Senator Prezioso, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for House Bill No. 2014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendment of the Senate to Engrossed Committee Substitute for House Bill No. 2014 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:
     That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
     [CLERK'S NOTE: For full text of conference committee report, see House Journal of this day.]
                              Respectfully submitted,
     Harry Keith White, Chair, Doug Reynolds, Larry A. Williams, Don C. Perdue, Everette W. Anderson, Jr., Allen V. Evans, Ray Canterbury, Conferees on the part of the House of Delegates.
     Roman W. Prezioso, Jr., Chair, Douglas E. Facemire, Robert H. Plymale, Ron Stollings, John R. Unger II, Mike Hall (did not sign), Dave Sypolt, Conferees on the part of the Senate.
     Senator Prezioso, Senate cochair of the committee of conference, was recognized to explain the report.
     Thereafter, on motion of Senator Prezioso, the report was taken up for immediate consideration and adopted.
     Engrossed Committee Substitute for House Bill No. 2014, as amended by the conference report, was then put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Committee Substitute for House Bill No. 2014 pass?"
     On the passage of the bill, as amended, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2014) passed with its title.
     Senator Unger moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2014) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     At the request of Senator Prezioso, and by unanimous consent, Senator Prezioso addressed the Senate commending the Budget conferees and the Finance committee staff for their promptness in preparing the budget.
     On motion of Senator Unger, the Senate recessed until 6 p.m. today.
     Upon expiration of the recess, the Senate reconvened and proceeded to the sixth order of business.
     Senator Unger offered the following pre-adjournment resolution:
     Senate Resolution No. 70--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
     
Resolved by the Senate:
     That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senator Kessler (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
     Senators D. Hall, Cookman and Carmichael.
     Senator Unger then offered the following resolution:
     Senate Resolution No. 71--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
     
Resolved by the Senate:
     That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Under the provision of the foregoing resolution, Senator Kessler (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate is ready to adjourn:
     Senators Kirkendoll, Fitzsimmons and Walters.
     Thereafter, the President recognized the presence of a three- member delegation from the House of Delegates, namely:
     Delegates Skinner, Young and Ambler, who announced that that body had completed its labors and was ready to adjourn sine die.
     The President then acknowledged another delegation from the House of Delegates, consisting of
     Delegates Sponaugle, Tomblin and Raines, who announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with its assignment.
     Senators Kirkendoll, Fitzsimmons and Walters, comprising the Senate committee, then joined with the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent legislative adjournment, and receive any message he might desire to transmit to the members of the Senate.
     On motion of Senator Cookman, the Joint Committee on Enrolled Bills was directed after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of the regular sixty-day and extended session of the Legislature, to file its reports with the Clerk of bills so enrolled, showing the date such bills were presented to the Governor; said reports to be included in the final Journal, together with Governor's action on said bills.
     In accordance with the foregoing motion, the following reports of the Joint Committee on Enrolled Bills were filed as follows:
     Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 208), Making supplementary appropriation from State Fund, General Revenue, to Department of Commerce, Division of Labor, and DHHR, Division of Human Services.
     (S. B. No. 523), Making supplementary appropriation of unappropriated moneys to various accounts.
     (S. B. No. 524), Supplementing, amending, decreasing and increasing appropriations from State Road Fund to DOT.
     And,
     (S. B. No. 526), Making supplementary appropriation of federal funds to DHHR, Division of Human Services-Temporary Assistance for Needy Families.
                              Respectfully submitted,
                               Donald H. Cookman,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 525), Making supplementary appropriation of federal funds to various accounts.
     (S. B. No. 664), Decreasing appropriations of public moneys in State Fund, General Revenue.
     (Com. Sub. for H. B. No. 2014), Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
     (Com. Sub. for H. B. No. 2538), Expiring, supplementing, amending, increasing, and adding items of appropriation in various accounts.
     And,
     (H. B. No. 2541), Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services.
                              Respectfully submitted,
                               Corey Palumbo,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2314), Authorizing a family court judge to order a child to be taken into custody in emergency situations.
     (H. B. No. 2361), Relating to the definition of "eligible veteran" for certain state training and employment preference benefits.
     (H. B. No. 2463), Repealing the article that permits the sterilization of persons deemed to be mentally incompetent.
     (Com. Sub. for H. B. No. 2521), Relating to the West Virginia Contraband Forfeiture Act.
     (Com. Sub. for H. B. No. 2652), Authorizing the Department of Administration to promulgate legislative rules.
     (H. B. No. 2729), Allowing schools to voluntarily maintain and use epinephrine auto-injectors.
     (H. B. No. 2992), Eliminating duplicative reporting requirements imposed on distributors of imported cigarettes.
     (Com. Sub. for H. B. No. 3086), Relating to juvenile services and criminal justice institutions.
     And,
     (H. B. No. 3159), Granting exceptions from certain compulsory attendance statutes to the Monroe and Nicholas County school systems.
                              Respectfully submitted,
                               Donald H. Cookman,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 65), Exempting PERS retirement income of DNR police officers from state income tax.
     (Com. Sub. for S. B. No. 195), Removing tax rate expiration date on eligible acute care hospitals.
     (S. B. No. 214), Eliminating interview requirement for certain medical licensee applicants.
     (Com. Sub. for S. B. No. 243), Authorizing DEP promulgate legislative rules.
     (Com. Sub. for S. B. No. 281), Authorizing Department of Transportation promulgate legislative rules.
     (S. B. No. 331), Permitting Courthouse Facilities Improvement Authority to issue bonds.
     (Com. Sub. for S. B. No. 358), Relating to municipal policemen and firemen pensions.
     And,
     (S. B. No. 387), Relating to family court judge supervision of criminal background investigations.
                              Respectfully submitted,
                               Donald H. Cookman,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Fitzsimmons, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 25th day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for Com. Sub. for S. B. No. 101), Clarifying Medical Professional Liability Act applies to nursing homes and their health care providers.
     (S. B. No. 194), Relating to DHHR contract procedures.
     (Com. Sub. for S. B. No. 386), Relating to personal safety orders.
     (Com. Sub. for Com. Sub. for S. B. No. 437), Regulating commercial dog-breeding operations.
     (Com. Sub. for S. B. No. 440), Relating to disclosure of specified tax information for enforcement of Tobacco Master Settlement Agreement.
     (Com. Sub. for S. B. No. 445), Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners.
     (S. B. No. 446), Conforming motor fuel taxes with International Fuel Tax Agreement.
     (S. B. No. 462), Extending time for informal conferences on surface mining permit applications.
     (S. B. No. 491), Relating to rental car license cost recovery fee.
     (Com. Sub. for S. B. No. 542), Relating to restricted races at pari-mutuel thoroughbred horse race tracks.
     (Com. Sub. for S. B. No. 544), Scheduling departmental performance reviews.
     (Com. Sub. for Com. Sub. for S. B. No. 553), Relating to Highway Design-Build Program.
     (Com. Sub. for S. B. No. 557), Continuing Preventive Care Pilot Program.
     (S. B. No. 561), Establishing Tucker County Cultural District Authority.
     (Com. Sub. for S. B. No. 604), Expanding definition of "electioneering communication".
     (S. B. No. 658), Extending time for Madison City Council to meet as levying body.
     (H. B. No. 2158), Relating to the provision of financially-related services by banks and bank holding companies.
     (Com. Sub. for H. B. No. 2351), Authorizing law enforcement to issue a charge by citation when making an arrest for driving with a suspended or revoked license.
     (Com. Sub. for H. B. No. 2352), Clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator's obligations or liabilities under the Water Pollution Control Act.
     (Com. Sub. for H. B. No. 2399), Protecting livestock in dire or extreme condition.
     (Com. Sub. for H. B. No. 2453), Expanding the Amber Alert Plan; "SKYLAR'S LAW".
     (Com. Sub. for H. B. No. 2471), Prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency.
     (Com. Sub. for H. B. No. 2490), Providing for the appointment of veterans advocates at state institutions of higher education.
     (Com. Sub. for H. B. No. 2497), Requiring applicants for real estate licensure to undergo criminal history record checks.
     (Com. Sub. for H. B. No. 2505), Increasing civil penalties imposed by the Public Service Commission for pipeline safety violations.
     (H. B. No. 2508), Changing the capital investment threshold amount.
     (Com. Sub. for H. B. No. 2512), Reforming the state Medicaid subrogation statute.
     (H. B. No. 2516), Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.
     (Com. Sub. for H. B. No. 2519), Relating to reallocation and repatriation of certain funds to the General Revenue Fund.
     (H. B. No. 2542), Relating to publication of the State Register.
     (Com. Sub. for H. B. No. 2548), Increasing the criminal penalties for assaults and batteries against athletic officials.
     (Com. Sub. for H. B. No. 2554), Providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations.
     (Com. Sub. for H. B. No. 2571), Relating to who may serve as members of the environmental quality board.
     (Com. Sub. for H. B. No. 2603), Relating to the Family Protection Services Board.
     (Com. Sub. for H. B. No. 2626), Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules.
     (Com. Sub. for H. B. No. 2717), Requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification.
     (Com. Sub. for H. B. No. 2754), Relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes. and
     (Com. Sub. for H. B. No. 2762), Creating an exemption from licensure as an adjuster for certain individuals who conduct data entry into an automated claims adjudication system.
     (Com. Sub. for H. B. No. 2819), Relating to the financial oversight of entities regulated by the Insurance Commissioner.
     (Com. Sub. for H. B. No. 2866), Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet.
     And,
     (H. B. No. 2968), Authorizing the use of an additional medium for use in archiving the records.
                              Respectfully submitted,
                               Robert J. Fitzsimmons,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Fitzsimmons, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 26th day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 21), Creating Health Care Provider Transparency Act.
     (Com. Sub. for S. B. No. 74), Relating to jury service qualification.
     (Com. Sub. for S. B. No. 146), Collecting unpaid magistrate court charges through income tax refund withholding.
     (S. B. No. 190), Relating to public-private transportation projects funding.
     (Com. Sub. for S. B. No. 200), Relating to Eyewitness Identification Act.
     (Com. Sub. for Com. Sub. for S. B. No. 202), Creating WV Spay Neuter Assistance Program and Fund.
     (Com. Sub. for Com. Sub. for S. B. No. 336), Relating to interscholastic athletics concussions and head injuries.
     (Com. Sub. for S. B. No. 355), Relating to final wage payment to discharged employees.
     (S. B. No. 394), Relating to scholarships for dependent children of law-enforcement officers who die in performance of duty.
     (S. B. No. 407), Relating generally to child support orders.
     (Com. Sub. for S. B. No. 414), Clarifying hunting and fishing license-issuing authorities.
     (S. B. No. 423), Providing certain convicted persons reduction in sentence.
     (Com. Sub. for S. B. No. 435), Continuing Municipal Home Rule Pilot Program.
     (S. B. No. 441), Relating to withdrawal of erroneous state tax liens.
     (S. B. No. 460), Exempting certain residents' active duty military pay from state income tax.
     (Com. Sub. for S. B. No. 461), Relating to procedures and protections for child witnesses in domestic relations proceedings.
     (Com. Sub. for S. B. No. 464), Regulating tanning facilities.
     (Com. Sub. for S. B. No. 469), Clarifying service credit for certain PERS members.
     (Com. Sub. for S. B. No. 481), Relating to juvenile mental health treatment.
     (Com. Sub. for Com. Sub. for S. B. No. 498), Relating to hearing location for Alcohol Beverage Control Administration's appeal hearings.
     (S. B. No. 504), Relating to cooperative associations.
     (S. B. No. 515), Relating to use of television receivers and other devices in vehicles.
     (Com. Sub. for S. B. No. 534), Correcting internal code reference regarding insurance information disclosure.
     (Com. Sub. for S. B. No. 538), Relating generally to disposition of domestic violence orders.
     (Com. Sub. for S. B. No. 564), Increasing minimum construction cost of municipal public works project before competitive bidding is required.
     And,
     (S. B. No. 601), Relating generally to juvenile offenders.
                              Respectfully submitted,
                               Robert J. Fitzsimmons,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Fitzsimmons, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 29th day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2046), Requiring wireless telecommunications companies to release location information of a missing person's cell phone in a timely manner; the "Kelsey Smith Act".
     (Com. Sub. for H. B. No. 2357), Relating to sexting by minors.
     (H. B. No. 2469), Increasing the cap on earnings during temporary reemployment after retirement.
     (Com. Sub. for H. B. No. 2470), Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children.
     (Com. Sub. for H. B. No. 2491), Establishing a uniform course completion policy for veteran students called up for active duty.
     (Com. Sub. for H. B. No. 2498), Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted.
     (Com. Sub. for H. B. No. 2513), Improving enforcement of drugged driving offenses.
     (Com. Sub. for H. B. No. 2514), Lowering the total amount of tax credits available under the Film Industry Investment Act.
     (Com. Sub. for H. B. No. 2531), Relating to the practice of speech-language pathology and audiology.
     (Com. Sub. for H. B. No. 2567), Relating to limited partnerships.
     (Com. Sub. for H. B. No. 2577), Relating to the practice of pharmacist care.
     (Com. Sub. for H. B. No. 2579), Revising state water quality standard for Selenium.
     (Com. Sub. for H. B. No. 2585), Increasing the time to file a petition in response to notice of an increased assessment.
     (Com. Sub. for H. B. No. 2590), Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs.
     (Com. Sub. for H. B. No. 2600), Creating resort area districts.
     (Com. Sub. for H. B. No. 2608), Requiring appraisal management companies to be registered.
     (Com. Sub. for H. B. No. 2689), Authorizing miscellaneous Boards and Agencies to promulgate legislative rules.
     (Com. Sub. for H. B. No. 2727), Relating to the school aid formula.
     (Com. Sub. for H. B. No. 2731), Regulating the performance of health maintenance tasks by unlicensed personnel.
     (Com. Sub. for H. B. No. 2733), Relating to hearings before the Office of Administrative Hearings.
     (Com. Sub. for H. B. No. 2805), Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program.
     (Com. Sub. for H. B. No. 2806), Relating to administrative remedies for prisoners generally.
     (Com. Sub. for H. B. No. 2837), Amending various provisions of the Code affecting the Treasurer's Office.
     (H. B. No. 2847), Relating to the collection of delinquent real property and personal property taxes.
     (Com. Sub. for H. B. No. 2848), Providing the process for requesting a refund after forfeiture of rights to a tax deed.
     (H. B. No. 2851), Establishing a one time audit cost amnesty program for local governments with delinquent audit costs.
     (H. B. No. 2861), Relating to continued enrollment of at-risk student in public school.
     (Com. Sub. for H. B. No. 2913), Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision.
     (H. B. No. 2933), Providing notification to a prosecuting attorney of an offender's parole hearing and release.
     (H. B. No. 2956), Relating to resident brewers and brewpubs.
     (Com. Sub. for H. B. No. 2960), Providing for internal and external review of adverse health coverage determinations.
     (Com. Sub. for H. B. No. 2964), Authorizing the mayor to appoint chiefs of police and deputy chiefs of police.
     (Com. Sub. for H. B. No. 2979), Relating to broadband deployment projects.
     (Com. Sub. for H. B. No. 3020), Improving boat dock and marina safety.
     (Com. Sub. for H. B. No. 3135), Relating generally to voting system certification and procedures at the central counting center.
     And,
     (Com. Sub. for H. B. No. 3157), Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning.
                              Respectfully submitted,
                               Robert J. Fitzsimmons,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Fitzsimmons, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 1st day of May, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 22), Requiring maternity services coverage for all health insurance plan dependents in certain circumstances.
     (S. B. No. 82), Relating to public service district board membership.
     (Com. Sub. for S. B. No. 103), Creating WV Commuter Rail Access Act.
     (S. B. No. 108), Creating Fatality and Mortality Review Team.
     (Com. Sub. for S. B. No. 172), Relating to nonintoxicating beer distributor licensees.
     (Com. Sub. for Com. Sub. for S. B. No. 185), Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits.
     (Com. Sub. for S. B. No. 250), Authorizing Department of Commerce promulgate legislative rules.
     (Com. Sub. for S. B. No. 265), Authorizing DHHR promulgate legislative rules.
     (Com. Sub. for S. B. No. 270), Authorizing Department of Revenue promulgate legislative rules.
     (Com. Sub. for S. B. No. 335), Permitting certain hospitals exemption from certificate of need.
     (Com. Sub. for S. B. No. 369), Relating to concealed handgun license reciprocity.
     (Com. Sub. for Com. Sub. for S. B. No. 371), Relating to prison overcrowding.
     (Com. Sub. for S. B. No. 401), Relating to Board of Registration for Professional Engineers.
     (S. B. No. 403), Relating to judicial retirement system contribution rates.
     (Com. Sub. for Com. Sub. for S. B. No. 426), Amending Uniform Commercial Code.
     (Com. Sub. for S. B. No. 438), Authorizing reorganization of certain community and technical colleges.
     (Com. Sub. for S. B. No. 444), Relating to higher education generally.
     (Com. Sub. for Com. Sub. for S. B. No. 454), Relating to taxation of alternative motor fuels.
     (S. B. No. 470), Permitting wine sale on Sunday mornings at fairs and festivals.
     (Com. Sub. for S. B. No. 477), Relating to electronic registration of voters.
     (Com. Sub. for S. B. No. 478), Redefining "video lottery games"; permitting wagering by historic resort hotel employees.
     (Com. Sub. for S. B. No. 482), Relating to sale of voter registration lists.
     (S. B. No. 489), Permitting community enhancement districts to decrease annual property assessments.
     (Com. Sub. for S. B. No. 527), Relating to process of filling vacancies in certain elected offices.
     (Com. Sub. for S. B. No. 535), Relating to process for maintaining voter registration lists.
     (Com. Sub. for S. B. No. 580), Relating generally to practice of dentistry.
     (Com. Sub. for S. B. No. 586), Relating to licensure of barbers and cosmetologists.
     (S. B. No. 596), Determining grant awards for Chesapeake Bay and Greenbrier River watershed compliance projects.
     (Com. Sub. for S. B. No. 630), Relating to Chief Technology Officer's duties with regard to security of government information.
     (S. B. No. 652), Requiring criminal background checks for home inspector applicants.
     (S. B. No. 663), Creating WV Feed to Achieve Act.
     (Second Enrollment Com. Sub. for H. B. No. 2431), Modifying the application process for obtaining a state license to carry a concealed deadly weapon.
     (Com. Sub. for H. B. No. 2534), Relating to the regulation of pawn brokers.
     (H. B. No. 2586), Relating to qualifications for a license to practice embalming.
     (Com. Sub. for H. B. No. 2716), Relating to the West Virginia Fairness in Competitive Bidding Act.
     (Com. Sub. for H. B. No. 2730), Relating to the Real Estate Appraisal Board.
     (Com. Sub. for H. B. No. 2738), Relating to the Center for Nursing.
     (Com. Sub. for H. B. No. 2747), Relating to Open Governmental Proceedings.
     (Com. Sub. for H. B. No. 2764), Relating to compulsory school attendance.
     (H. B. No. 2770), Permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed.
     (H. B. No. 2780), Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services.
     (Second Enrollment H. B. No. 2814), Relating to human trafficking.
     (Com. Sub. for H. B. No. 2825), Relating to certain appointive state officers salaries.
     (Com. Sub. for H. B. No. 2836), Allowing certain Commission on Special Investigations personnel the right to carry firearms.
     (H. B. No. 2842), Clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums.
     (Com. Sub. for H. B. No. 2888), Allowing members of a policemen's civil service commission to serve on other local boards and commissions.
     (Com. Sub. for H. B. No. 2897), Declaring certain claims against the state and its agencies to be moral obligations of the state.
     (H. B. No. 3043), Including methane monitoring equipment as eligible safety equipment for tax credit purposes.
     (Com. Sub. for H. B. No. 3069), Relating to access to justice.
     (Com. Sub. for H. B. No. 3139), Authorizing qualified investigators employed by the Secretary of State to carry a firearm and concealed weapon.
     (Com. Sub. for H. B. No. 3145), Removing the existing maximum quantities of beer that retailers can sell for off premises.
     (Second Enrollment H. B. No. 3160), Providing for a pilot initiative on governance of schools jointly established by adjoining counties.
     And,
     (H. B. No. 3161), Repealing section relating to additional fee to be collected for each marriage license issued.
                              Respectfully submitted,
                               Robert J. Fitzsimmons,
                               Member, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.








Executive Communications

     Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
     The Clerk then presented communications from His Excellency, the Governor, advising that on April 17, 2013, he had approved Enr. Committee Substitute for Senate Bill No. 80, Enr. Committee Substitute for Senate Bill No. 421, Enr. Senate Bill No. 571 and Enr. Committee Substitute for House Bill No. 2395; on April 18, 2013, he had approved Enr. Committee Substitute for Senate Bill No. 60, Enr. Committee Substitute for Senate Bill No. 71, Enr. Senate Bill No. 383, Enr. Senate Bill No. 412, Enr. Committee Substitute for Senate Bill No. 430, Enr. Committee Substitute for Senate Bill No. 431, Enr. Senate Bill No. 496, Enr. Committee Substitute for Senate Bill No. 638, Enr. Committee Substitute for House Bill No. 2940 and Enr. House Bill No. 3104; on April 19, 2013, he had approved Enr. Committee Substitute for Senate Bill No. 145, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 158, Enr. Senate Bill No. 183, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 448, Enr. Senate Bill No. 463, Enr. House Bill No. 2800 and Enr. Committee Substitute for House Bill No. 2802; on April 22, 2013, he had approved Enr. Senate Bill No. 208, Enr. Senate Bill No. 523, Enr. Senate Bill No. 524, Enr. Senate Bill No. 525, Enr. Senate Bill No. 526, Enr. Senate Bill No. 664, Enr. Committee Substitute for House Bill No. 2014, Enr. Committee Substitute for House Bill No. 2108, Enr. House Bill No. 2361, Enr. House Bill No. 2463, Enr. Committee Substitute for House Bill No. 2521, Enr. Committee Substitute for House Bill No. 2538, Enr. House Bill No. 2541, Enr. Committee Substitute for House Bill No. 2553, Enr. House Bill No. 2729, Enr. Committee Substitute for House Bill No. 2815, Enr. Committee Substitute for House Bill No. 2858, Enr. Committee Substitute for House Bill No. 2923, Enr. House Bill No. 2992, Enr. Committee Substitute for House Bill No. 3003, Enr. House Bill No. 3028, Enr. Committee Substitute for House Bill No. 3086 and Enr. House Bill No. 3159; on April 29, 2013, he had approved Enr. Committee Substitute for Senate Bill No. 74, Enr. Senate Bill No. 190, Enr. Senate Bill No. 194, Enr. Committee Substitute for Senate Bill No. 200, Enr. Senate Bill No. 214, Enr. Committee Substitute for Senate Bill No. 281, Enr. Committee Substitute for Senate Bill No. 355, Enr. Committee Substitute for Senate Bill No. 358, Enr. Committee Substitute for Senate Bill No. 386, Enr. Senate Bill No. 394, Enr. Senate Bill No. 407, Enr. Committee Substitute for Senate Bill No. 414, Enr. Committee Substitute for Senate Bill No. 461, Enr. Senate Bill No. 462, Enr. Committee Substitute for Senate Bill No. 469, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 498, Enr. Senate Bill No. 504, Enr. Senate Bill No. 515, Enr. Committee Substitute for Senate Bill No. 534, Enr. Committee Substitute for Senate Bill No. 538, Enr. Committee Substitute for Senate Bill No. 544, Enr. Committee Substitute for Senate Bill No. 557, Enr. Senate Bill No. 561, Enr. Senate Bill No. 601, Enr. Senate Bill No. 658, Enr. Committee Substitute for House Bill No. 2046, Enr. House Bill No. 2158, Enr. Committee Substitute for House Bill No. 2351, Enr. Committee Substitute for House Bill No. 2352, Enr. Committee Substitute for House Bill No. 2399, Enr. Committee Substitute for House Bill No. 2453, Enr. Committee Substitute for House Bill No. 2491, Enr. Committee Substitute for House Bill No. 2497, Enr. Committee Substitute for House Bill No. 2498, Enr. Committee Substitute for House Bill No. 2505, Enr. House Bill No. 2508, Enr. Committee Substitute for House Bill No. 2512, Enr. House Bill No. 2542, Enr. Committee Substitute for House Bill No. 2548, Enr. Committee Substitute for House Bill No. 2554, Enr. Committee Substitute for House Bill No. 2567, Enr. Committee Substitute for House Bill No. 2579, Enr. Committee Substitute for House Bill No. 2590, Enr. Committee Substitute for House Bill No. 2762, Enr. Committee Substitute for House Bill No. 2866, Enr. House Bill No. 2933, Enr. House Bill No. 2968 and Enr. Committee Substitute for House Bill No. 2979; on April 30, 2013, he had approved Enr. Committee Substitute for Committee Substitute for Senate Bill No. 101, Enr. Committee Substitute for Senate Bill No. 195, Enr. Committee Substitute for Senate Bill No. 243, Enr. Senate Bill No. 423, Enr. Committee Substitute for Senate Bill No. 440, Enr. Senate Bill No. 441, Enr. Committee Substitute for Senate Bill No. 445, Enr. Senate Bill No. 446, Enr. Senate Bill No. 460, Enr. Committee Substitute for Senate Bill No. 481, Enr. Senate Bill No. 491, Enr. Committee Substitute for Senate Bill No. 542, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 553, Enr. Committee Substitute for Senate Bill No. 564, Enr. Committee Substitute for Senate Bill No. 604, Enr. House Bill No. 2469, Enr. Committee Substitute for House Bill No. 2470, Enr. Committee Substitute for House Bill No. 2514, Enr. House Bill No. 2516, Enr. Committee Substitute for House Bill No. 2519, Enr. Committee Substitute for House Bill No. 2585, Enr. Committee Substitute for House Bill No. 2608, Enr. Committee Substitute for House Bill No. 2626, Enr. Committee Substitute for House Bill No. 2652, Enr. Committee Substitute for House Bill No. 2689, Enr. Committee Substitute for House Bill No. 2754, Enr. Committee Substitute for House Bill No. 2806, Enr. Committee Substitute for House Bill No. 2819, Enr. House Bill No. 2847, Enr. Committee Substitute for House Bill No. 2848, Enr. Committee Substitute for House Bill No. 2913 and Enr. Committee Substitute for House Bill No. 3135; on May 1, 2013, he had approved Enr. Committee Substitute for Senate Bill No. 146, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 202, Enr. Committee Substitute for Senate Bill No. 335, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 336, Enr. Senate Bill No. 369, Enr. Senate Bill No. 387, Enr. Committee Substitute for Senate Bill No. 444, Enr. Committee Substitute for Senate Bill No. 464, Enr. Senate Bill No. 652, Enr. Committee Substitute for House Bill No. 2357, Second Enrollment Enr. Committee Substitute for House Bill No. 2431, Enr. Committee Substitute for House Bill No. 2490, Enr. Committee Substitute for House Bill No. 2513, Enr. Committee Substitute for House Bill No. 2534, Enr. Committee Substitute for House Bill No. 2571, Enr. House Bill No. 2586, Enr. Committee Substitute for House Bill No. 2603, Enr. Committee Substitute for House Bill No. 2716, Enr. Committee Substitute for House Bill No. 2717, Enr. Committee Substitute for House Bill No. 2727, Enr. Committee Substitute for House Bill No. 2764, Enr. House Bill No. 2770, Enr. House Bill No. 2780, Enr. Committee Substitute for House Bill No. 2805, Second Enrollment Enr. House Bill No. 2814, Enr. Committee Substitute for House Bill No. 2825, Enr. House Bill No. 2842, Enr. House Bill No. 2851, Enr. Committee Substitute for House Bill No. 2888, Enr. Committee Substitute for House Bill No. 2897, Enr. Committee Substitute for House Bill No. 2960, Enr. Committee Substitute for House Bill No. 3069 and Enr. Committee Substitute for House Bill No. 3145; on May 2, 2013, he had approved Enr. Committee Substitute for Senate Bill No. 22, Enr. Committee Substitute for Senate Bill No. 103, Enr. Committee Substitute for Senate Bill No. 172, Enr. Committee Substitute for Senate Bill No. 265, Enr. Committee Substitute for Senate Bill No. 270, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 371, Enr. Committee Substitute for Senate Bill No. 401, Enr. Senate Bill No. 403, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 426, Enr. Committee Substitute for Senate Bill No. 438, Enr. Senate Bill No. 470, Enr. Committee Substitute for Senate Bill No. 477, Enr. Senate Bill No. 489, Enr. Senate Bill No. 596, Enr. Committee Substitute for House Bill No. 2600, Enr. Committee Substitute for House Bill No. 2730, Enr. Committee Substitute for House Bill No. 2747 and Enr. Committee Substitute for House Bill No. 2837; on May 3, 2013, he had approved Enr. Senate Bill No. 82, Enr. Senate Bill No. 108, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 185, Enr. Committee Substitute for Senate Bill No. 250, Enr. Committee Substitute for Senate Bill No. 435, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 437, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 454, Enr. Committee Substitute for Senate Bill No. 478, Enr. Committee Substitute for Senate Bill No. 482, Enr. Committee Substitute for Senate Bill No. 527, Enr. Committee Substitute for Senate Bill No. 535, Enr. Committee Substitute for Senate Bill No. 580, Enr. Committee Substitute for Senate Bill No. 586, Enr. Committee Substitute for Senate Bill No. 630, Enr. Senate Bill No. 663, Enr. Committee Substitute for House Bill No. 2314, Enr. Committee Substitute for House Bill No. 2471, Enr. Committee Substitute for House Bill No. 2531, Enr. Committee Substitute for House Bill No. 2577, Enr. Committee Substitute for House Bill No. 2731, Enr. Committee Substitute for House Bill No. 2733, Enr. Committee Substitute for House Bill No. 2836, Enr. House Bill No. 2861, Enr. House Bill No. 2956, Enr. Committee Substitute for House Bill No. 2964, Enr. Committee Substitute for House Bill No. 3020, Enr. House Bill No. 3043, Enr. Committee Substitute for House Bill No. 3139, Enr. Committee Substitute for House Bill No. 3157, Second Enrollment Enr. House Bill No. 3160 and Enr. House Bill No. 3161.
Veto Messages

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 29, 2013

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Ms. Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 21. This bill requires in its §16-1C-2 that employees of a health care provider wear an identification badge when providing direct patient care. The applicability of this section to certain employers, however, is questionable because of an incorrect cross-reference on page 4, line 1 of the Enrolled Committee Substitute. This cross-reference should refer to section "two" instead of section "three". Moreover, page 2, line 1 contains a similar error. Page 2, line 1 should refer the reader to section "two" rather than section "three".
     Because these internal cross-references in the bill are incorrect, I must veto the legislation.
                              Very truly yours,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Jeffrey V. Kessler
     The Honorable Richard Thompson
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

May 3, 2013

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Ms. Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 65. This bill would authorize the Division of Natural Resources police officers in the Public Employees Retirement System ("PERS") to deduct their retirement income in calculating their personal income taxes. I have serious concerns about providing disparate tax treatment to a very narrow class of retirees within PERS. Moreover, the bill creates a risk that the class will be expanded through litigation to include other retirees within PERS seeking the same tax treatment.
     For the aforementioned reasons, I hereby disapprove of Enrolled Senate Bill No. 65.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Jeffrey V. Kessler
     The Honorable Richard Thompson
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

May 3, 2013

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Ms. Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 331. This bill provides the West Virginia Courthouse Facilities Improvement Authority (the "Authority") with the ability to issue bonds to raise funds for paying the costs of approved modifications or construction of courthouse facilities. Under this bill, the debt payments on the bonds would be made from funds deposited into a special revenue account known as the Courthouse Facilities Improvement Fund (the "Fund"). The Fund is comprised solely of special fees charged at county courthouses including a certain portion of marriage license fees, civil action filing fees, and fees for licenses to carry a concealed weapon. As I understand it, the amount of fees deposited into the Fund has remained steady at approximately $2 million annually.
     While I applaud the general intent of the bill to provide additional funding for our aging courthouses, I am concerned about the prospect of encumbering all or part of the fees that the Authority receives, for a period of up to thirty years, to pay debt service. The Authority already utilizes these fees to run its daily operations and to provide grants to renovate courthouse facilities. Absent any additional appropriations from the Legislature, I believe that the potential long-term funding issues facing the Authority significantly outweigh the positive attributes of this bill.
     For the aforementioned reasons, I hereby veto Enrolled Senate Bill No. 331.
                              Very truly yours,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Jeffrey V. Kessler
     The Honorable Richard Thompson
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

May 3, 2013

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Ms. Tennant:
     Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 2738. Although the purpose of the bill is well-intentioned, the bill embraces more than one object in violation of the Constitution of West Virginia. See W. Va. Const. art. VI, §30.
     The title of Enrolled Committee Substitute for House Bill No. 2738 states "all relating generally to administration of financial aid and higher education scholarship programs by the Higher Education Policy Commission". The bill, however, also amends the article establishing the Center of Nursing, including provisions relating to the powers and duties of the Center and its board of directors. These provisions do not relate to the HEPC's administration of financial aid or scholarships, and they constitute a separate and distinct object from that set forth in the title of the bill.
     For the aforementioned reasons, I hereby disapprove of Enrolled Committee Substitute for House Bill No. 2738.
                              Sincerely,
                               Earl Ray Tomblin,
                               Governor.
cc:  The Honorable Richard Thompson
     The Honorable Jeffrey V. Kessler
     All business of the sixty-day and extended session now being concluded,
     Senator Kirkendoll, from the select committee to notify His Excellency, the Governor, that the Senate is ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Kirkendoll then reported this mission accomplished.
     Thereupon,
     On motion of Senator Unger, the Senate adjourned sine die.
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