SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home

SENATE (2016)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal


Day 60 (03-12-2016) - [PDF]
Day 59 (03-11-2016) - [PDF]
Day 58 (03-10-2016) - [PDF]
Day 41 (02-22-2016) - [PDF]
Day 63 (03-15-2016) - [PDF]
Day 62 (03-14-2016) - [PDF]
Day 61 (03-13-2016) - [PDF]
Day 57 (03-09-2016) - [PDF]
Day 56 (03-08-2016) - [PDF]
Day 55 (03-07-2016) - [PDF]
Day 53 (03-05-2016) - [PDF]
Day 52 (03-04-2016) - [PDF]
Day 51 (03-03-2016) - [PDF]
Day 50 (03-02-2016) - [PDF]
Day 49 (03-01-2016) - [PDF]
Day 48 (02-29-2016) - [PDF]
Day 47 (02-28-2016) - [PDF]
Day 46 (02-27-2016) - [PDF]
Day 45 (02-26-2016) - [PDF]
Day 44 (02-25-2016) - [PDF]
Day 43 (02-24-2016) - [PDF]
Day 42 (02-23-2016) - [PDF]
Day 39 (02-20-2016) - [PDF]
Day 38 (02-19-2016) - [PDF]
Day 37 (02-18-2016) - [PDF]
Day 36 (02-17-2016) - [PDF]
Day 31 (02-12-2016) - [PDF]
Day 35 (02-16-2016) - [PDF]
Day 34 (02-15-2016) - [PDF]
Day 30 (02-11-2016) - [PDF]
Day 29 (02-10-2016) - [PDF]
Day 28 (02-09-2016) - [PDF]
Day 27 (02-08-2016) - [PDF]
Day 07 (01-19-2016) - [PDF]
Day 25 (02-06-2016) - [PDF]
Day 24 (02-05-2016) - [PDF]
Day 23 (02-04-2016) - [PDF]
Day 22 (02-03-2016) - [PDF]
Day 21 (02-02-2016) - [PDF]
Day 20 (02-01-2016) - [PDF]
Day 17 (01-29-2016) - [PDF]
Day 16 (01-28-2016) - [PDF]
Day 15 (01-27-2016) - [PDF]
Day 14 (01-26-2016) - [PDF]
Day 13 (01-25-2016) - [PDF]
Day 10 (01-22-2016) - [PDF]
Day 09 (01-21-2016) - [PDF]
Day 08 (01-20-2016) - [PDF]
Day 06 (01-18-2016) - [PDF]
Day 03 (01-15-2016) - [PDF]
Day 02 (01-14-2016) - [PDF]
Day 01 (01-13-2016) - [PDF]

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

EXTENDED SESSION, 2016

SIXTY-THIRD DAY

____________

Charleston, W. Va., Tuesday, March 15, 2016

The Senate met at 4:30 p.m.

(Senator Cole, Mr. President, in the Chair.)

Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Jack Yost, a senator from the first district.

Pending the reading of the Journal of Monday, March 14, 2016,

At the request of Senator Plymale, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.

The Senate proceeded to the third order of business.

Executive Communications

Senator Cole (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, 2016

VIA HAND DELIVERY

The Honorable William P. Cole III

President, West Virginia Senate

Room 229M, Building 1

State Capitol

Charleston, West Virginia 25305

            Re: Enrolled Committee Substitute for Senate Bill 601

Dear President Cole:

            Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for Senate Bill 601 for technical reasons.

            The bill’s title is deficient. The title states that the bill is amending and reenacting W. Va. Code § 22-15-10 and adding a new section, designated § 24-2-1L, but does not provide that it is also amending and reenacting § 22-15-2. For this reason, I disapprove and return the bill. I urge the Legislature to correct this technical issue, and to return the bill to my desk for signature.

Sincerely,

Earl Ray Tomblin

Governor

cc:       The Hon. Tim Armstead

  Speaker of the House of Delegates

The Hon. Natalie E. Tennant

  Secretary of State

Senator Carmichael 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 601, Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities.

Heretofore disapproved and returned by His Excellency, the Governor, with his objections.

The question being on the adoption of Senator Carmichael’s motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill 601, the same was put and prevailed.

On motion of Senator Carmichael, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

On pages one through seven, section two, lines one through one hundred forty-seven, by striking out all of section two;

On page ten, section one-l, line seven, by striking out the word “chapter” and inserting in lieu thereof the word “section”;

By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

That §22-15-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend said code by adding thereto a new section, designated §24-2-1l, to read as follows:;

And,

By striking out the title and substituting therefor a new title, to read as follows:

Enr. Com. Sub. for Senate Bill 601—An Act to amend and reenact §22-15-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24-2-1l, all relating to exemption from the jurisdiction of the Public Service Commission for materials recovery facilities or mixed waste processing facilities; and providing an exception to allow the Public Service Commission to retain limited jurisdiction over facilities meeting certain requirements which received a certificate of need prior to July 1, 2016.

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: Ashley, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Trump, Unger, Walters, Yost and Cole (Mr. President)—28.

The nays were: Miller and Williams—2.

Absent: Beach, Mullins, Takubo and Woelfel—4.

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. 601) passed with its title, as amended, as a result of the objections of the Governor.

Senator Carmichael moved that the bill take effect from passage.

On this question, the yeas were: Ashley, Blair, Boley, Boso, Carmichael, Cline, Facemire, Ferns, Gaunch, Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Trump, Unger, Walters, Yost and Cole (Mr. President)—28.

The nays were: Miller and Williams—2.

Absent: Beach, Mullins, Takubo and Woelfel—4.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. 601) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The Senate proceeded to the fourth order of business.

            Senator Maynard, 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 15th day of March, 2016, 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. 334), Identifying coyote as fur-bearing animal and woodchuck as game animal.

                (S. B. 415), Lengthening maximum term of negotiable certificates of deposit municipal funds can hold.

            (S. B. 426), Continuing Office of Coalfield Community Development.

            (S. B. 439), Eliminating requirement that budget director approve requisitions for personal services payment under certain circumstances.

            (Com. Sub. for S. B. 474), Exempting DEP construction and reclamation contracts from review and approval.

            (S. B. 648), Allowing local authorities permit flashing traffic signals during low traffic times.

            (S. B. 656), Creating Upper Kanawha Valley Resiliency and Revitalization Program.

            (S. B. 678), Relating to ownership and use of conduit providing telephone service.

            (Com. Sub. for H. B. 2588), Relating to the filing of financial statements with the Secretary of State.

            (H. B. 4346), Relating to bear hunting and offenses and penalties.

            And,

            (Com. Sub. for H. B. 4587), Relating to violations associated with absent voters’ ballots. 

Respectfully submitted,

  Mark R. Maynard,

    Chair, Senate Committee.

  John B. McCuskey,

    Chair, House Committee.

The Senate proceeded to the sixth order of business.

Senator Carmichael offered the following pre-adjournment resolution:

Senate Resolution 72—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 Carmichael, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

Senator Cole (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:

Senators Blair, Walters and Laird.

Senator Carmichael then offered the following resolution:

Senate Resolution 73—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 Carmichael, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

Under the provisions of the foregoing resolution, Senator Cole (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate is ready to adjourn:

Senators Hall, Cline and Snyder.

Thereafter, the President recognized the presence of a three-member delegation from the House of Delegates, namely:

Delegates Stansbury, R. Smith and Boggs, 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 Summers, Gearhart and P. White, 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 Hall, Cline and Snyder, 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.

The Senate proceeded to the thirteenth order of business.

At the request of Senator Ashley, unanimous consent being granted, it was ordered that the Journal show had Senator Ashley been present in the chamber on Saturday, March 12, 2016, he would have voted “yea” on the passage of Engrossed Committee Substitute for House Bill 4014, Engrossed Committee Substitute for House Bill 4633, Engrossed House Bill 4655 and Engrossed Committee Substitute for House Bill 4659.

Without objection, the Senate returned to the third order of business.

A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, to take effect from passage, 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. 601, Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities.

On motion of Senator Maynard, 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 Maynard, 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 16th day of March, 2016, 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. 4080), Department of Veterans’ Assistance, rule relating to VA headstones or markers.

(H. B. 4351), Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture.

(Com. Sub. for H. B. 4487), Relating to state retirement systems.

And,

(Com. Sub. for H. B. 4502), Allowing reciprocity agreements with contiguous states to establish regulations, licensing requirements and taxes for small businesses.

Respectfully submitted,

  Mark R. Maynard,

    Chair, Senate Committee.

  John B. McCuskey,

    Chair, House Committee.

            Senator Gaunch, 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 18th day of March, 2016, 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. 597), Relating generally to Health Care Authority.

            (H. B. 4150), Making a supplementary appropriation to the Department of Health and Human Resources.

            (H. B. 4151), Making a supplementary appropriation to the Department of Education.

            (H. B. 4152), Making a supplementary appropriation to the Division of Environmental Protection – Protect Our Water Fund.

            And,

            (H. B. 4155), Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund, and the Department of Health and Human Resources, Division of Human Services - Medical Services Trust Fund.

Respectfully submitted,

  C. Edward Gaunch,

    Member, Senate Committee.

  John B. McCuskey,

    Chair, House Committee.

            Senator Gaunch, 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, 2016, 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. 427), Transferring funds from State Excess Lottery Fund to Department of Revenue.

Respectfully submitted,

  C. Edward Gaunch,

    Member, Senate Committee.

  John B. McCuskey,

    Chair, House Committee.

            Senator Gaunch, 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, 2016, 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. 157), Authorizing Department of Revenue to promulgate legislative rules.

            (Com. Sub. for S. B. 159), Authorizing promulgation of legislative rules by miscellaneous boards and commissions.

            (Com. Sub. for S. B. 202), Authorizing Department of Commerce promulgate legislative rules.

            (Com. Sub. for S. B. 265), Allowing library volunteers necessary access to user records.

            (Com. Sub. for S. B. 376), Expanding authority of Secretary of State and State Police.

            (S. B. 476), Relating to driving restrictions in school zones.

            (S. B. 588), Repealing certain obsolete legislative rules by Department of Transportation.

            And,

            (Com. Sub. for S. B. 591), Relating to voter registration list maintenance and combined voter registration and driver licensing fund.

                                                                        Respectfully submitted,

                                                                          C. Edward Gaunch,

                                                                            Chair, Senate Committee.

                                                                          John B. McCuskey,

                                                                            Chair, House Committee.

            Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of March, 2016, 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. 6), Requiring drug screening and testing of applicants for TANF program.

                (Com. Sub. for S. B. 43), Clarifying means of posting to prohibit hunting or trespassing.

            (Com. Sub. for Com. Sub. for S. B. 47), Rewriting licensing requirements for practice of medicine and surgery and podiatry.

            (Com. Sub. for S. B. 104), Classifying Marshall University Forensic Science Center as a criminal justice agency.

            (Com. Sub. for S. B. 195), Authorizing DHHR to promulgate legislative rules.

            (S. B. 323), Correcting statute subsection designations regarding trespassing on property.

            (Com. Sub. for S. B. 326), Repeal and recodify law relating to contributing to delinquency of minor child.

            (S. B. 329), Eliminating sunset provision for commission to study residential placement of children.

                (Com. Sub. for S. B. 330), Requiring automobile liability insurers provide 10 days’ notice of intent to cancel due to nonpayment of premium.

            (Com. Sub. for S. B. 338), Compiling and maintaining Central State Mental Health Registry.

            (S. B. 416), Allowing terminally ill patients access to investigational products.

            (Com. Sub. for S. B. 429), Adopting two National Association of Insurance Commissioners’ models to protect enrollees and general public and permit greater oversight.

            (S. B. 461), Updating WV Workforce Investment Act to the WV Workforce Innovation and Opportunity Act.

            (Com. Sub. for Com. Sub for S. B. 484), Relating to reemployment rights of military personnel.

            (S. B. 494), Creating Legislative Oversight Commission on Department of Transportation Accountability.

            (Com. Sub. for S. B. 520), Allowing PEIA ability to recover benefits or claims obtained through fraud.

            (Com. Sub. for S. B. 575), Requiring leases for state office space provide landlord or owner be responsible for cleaning or janitorial services.

            (Com. Sub. for S. B. 581), Eliminating sunset provision terminating pilot domestic violence court program.

            And,

(S. B. 627), Permitting physician to decline prescribing controlled substance.

                                                                        Respectfully submitted,

                                                                          Mark R. Maynard,

                                                                            Chair, Senate Committee.

                                                                          John B. McCuskey,

                                                                            Chair, House Committee.

Senator Gaunch, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of March, 2016, 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. 2444), Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals.

(Com. Sub. for H. B. 4265), Relating to payment by the West Virginia Municipal Bond Commission or state sinking fund commission or the governing body issuing the bonds.

(Com. Sub. for H. B. 4310), Relating to the West Virginia University Institute of Technology.

(Com. Sub. for H. B. 4360), Increasing the criminal penalty for the unlawful practice of law.

(H. B. 4411), Relating to penalty for illegally taking native brook trout.

(Com. Sub. for H. B. 4519), Allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System.

(Com. Sub. for H. B. 4612), Relating generally to tax increment financing and economic opportunity development districts.

(H. B. 4726), Relating to coal mining generally.

And,

(H. B. 4734), Relating to mine subsidence insurance.

                                                                        Respectfully submitted,

                                                                          C. Edward Gaunch,

                                                                            Member, Senate Committee.

                                                                          John B. McCuskey,

                                                                            Chair, House Committee.

            Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of March, 2016, 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. 54), Altering how tax is collected on homeowners’ associations.

            (Com. Sub. for Com. Sub. for S. B. 259), Amending Unfair Trade Practices Act.

            (Com. Sub. for S. B. 270), Repealing code relating to insurance policies.

            (S. B. 352), Dedicating corporation net income tax proceeds to railways.

            (S. B. 384), Requiring Bureau for Medical Services seek federal waiver for 30-day waiting period for tubal ligation.

            (S. B. 459), Requiring county board of education to pay tuition to Mountaineer Challenge Academy.

            (Com. Sub. for H. B. 2110), Relating generally to the tax treatment of manufacturing entities.

            (H. B. 2494), Creating a provisional plea process in criminal cases.

            (H. B. 2605), Removing the limitation on actions against the perpetrator of sexual assault or sexual abuse upon a minor.

            (Com. Sub. for H. B. 2615), West Virginia Small Business Capital Act.

            (Com. Sub. for H. B. 2665), Relating to participation in Motor Vehicle Alcohol Test and Lock Program.

            (Com. Sub. for H. B. 2826), Requiring the Commissioner of the Division of Highways to approve points of access to and from state highways to real property used or to be used for commercial, industrial or mercantile purposes; “Sarah Nott’s Law”.

            (Com. Sub. for H. B. 2852), Relating to legalizing and regulating the sale and use of fireworks.

            (Com. Sub. for H. B. 2897), Young Entrepreneur Reinvestment Act.

            (Com. Sub. for H. B. 2904), Requiring the clerk of a county commission to maintain a county ordinance book.

            (Com. Sub. for H. B. 4013), Requiring a person desiring to vote to present documentation identifying the voter.

            (Com. Sub. for H. B. 4014), Preventing the State Board of Education from implementing common core academic standards and assessments.

            (H. B. 4033), Adding criminal penalties for the unauthorized practice of pharmacists care.

            (Com. Sub. for H. B. 4168), Creating a special motor vehicle collector license plate.

            (Com. Sub. for H. B. 4201), Increasing the criminal penalties for participating in an animal fighting venture.

            (Com. Sub. for H. B. 4218), Expanding the definition of “underground facility” in the One-Call System Act.

            (Com. Sub. for H. B. 4237), Supporting and Strengthening Families Act.

            (Com. Sub. for H. B. 4295), Relating to the School Innovation Zones Act.

            (Com. Sub. for H. B. 4301), Relating to a framework for initiating comprehensive transformation of school leadership.

            (Com. Sub. for H. B. 4307), Clarifying that a firearm may be carried for self defense in state parks, state forests and state recreational areas.

            (Com. Sub. for H. B. 4314), Prohibiting the sale of powdered or crystalline alcohol.

            (H. B. 4315), Relating to air-ambulance fees for emergency treatment or air transportation.

            (H. B. 4316), Relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification.

            (H. B. 4334), Clarifying the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority.

            (H. B. 4347), Providing pregnant women priority to substance abuse treatment.

            (Com. Sub. for H. B. 4365), Relating to the certificate of need process.

            (H. B. 4428), Clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified.

            (Com. Sub. for H. B. 4435), Authorizing the Public Service Commission to approve expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects.

            (Com. Sub. for H. B. 4448), Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act.

            (H. B. 4461), Relating to School Building Authority School Major Improvement Fund eligibility.

            (Com. Sub. for H. B. 4463), Permitting the practice of telemedicine.

            (Com. Sub. for H. B. 4507), Providing an employer may grant preference in hiring to a veteran or disabled veteran.

            (Com. Sub. for H. B. 4517), Limiting the ability of an agent under a power of attorney to take self-benefiting actions.

            (Com. Sub. for H. B. 4586), Ensuring that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways.

            (H. B. 4594), Relating to predoctoral psychology internship qualifications.

            (H. B. 4618), Relating to limitations on use of a public official’s name or likeness.

            (Com. Sub. for H. B. 4659), Authorizing local health departments to bill health insurance plans for services.

            (Com. Sub. for H. B. 4668), Raising the allowable threshold of the coal severance tax revenue fund budgeted for personal services.

            (Com. Sub. for H. B. 4673), Providing for a crime for the theft, damage or release of deer from private game farms.

            (H. B. 4725), Relating to providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications.

            (H. B. 4728), Relating to schedule three controlled substances.

            (H. B. 4739), Unclaimed Life Insurance Benefits Act.

            And,

            (H. B. 4740), Permitting that current members of the National Guard or Reserves may be excused from jury duty.

Respectfully submitted,

  Mark R. Maynard,

    Chair, Senate Committee.

  John B. McCuskey,

    Chair, House Committee.

            Senator Gaunch, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of March, 2016, 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. 468), Allowing lender charge and receive interest on rescindable loan during rescission period.

                (Com. Sub. for S. B. 493), Allowing creation of self-settled spendthrift trusts.

            (S. B. 505), Exempting certain uses of field gas from motor fuel excise taxes.

            (S. B. 516), Relating to registration for selective service.

            (Com. Sub. for S. B. 517), Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner.

            (S. B. 563), Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members.

            (Com. Sub. for S. B. 595), Relating to retirement credit for members of WV National Guard.

            (Com. Sub. for S. B. 599), Relating generally to Uniform Unclaimed Property Act.

            (S. B. 613), Defining total capital for purposes of calculating state-chartered bank’s lending limit.

            (Com. Sub. for S. B. 614), Conforming statute with court interpretation by replacing “unconscionable” with “fraudulent” when referring to conduct.

            And,

            (Com. Sub. for S. B. 691), Modifying certain air pollution standards.

                                                                        Respectfully submitted,

                                                                          C. Edward Gaunch,

                                                                            Chair, Senate Committee.

                                                                          John B. McCuskey,

                                                                            Chair, House Committee.

            Senator Gaunch, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 24th day of March, 2016, 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. 13), Increasing penalties for overtaking and passing stopped school buses.

            (S. B. 107), Uniform Interstate Depositions and Discovery Act.

            (Com. Sub. for S. B. 262), Eliminating need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings.

            (Com. Sub. for S. B. 267), Modifying removal procedure for certain county, school district and municipal officers.

            (Com. Sub. for S. B. 272), Allowing investigators from Attorney General’s office to carry concealed weapons.

            (Com. Sub. for S. B. 278), Clarifying physicians’ mutual insurance company is not state or quasi-state actor.

            (Com. Sub. for S. B. 283), Creating crime when fire is caused by operation of a clandestine drug laboratory.

            (S. B. 306), Permitting sale of county or district property online.

            (S. B. 333), Taking and registering of wildlife.

            (Com. Sub. for S. B. 619), 2016 Regulatory Reform Act.

            (Com. Sub. for H. B. 4323), Relating to the reporting of emergency incidents by well operators and pipeline operators.

            (Com. Sub. for H. B. 4537), Relating to the regulation of chronic pain clinics.

            (Com. Sub. for H. B. 4554), Allowing an increase of gross weight limitations on certain roads in Greenbrier County.

            (H. B. 4558), Relating to victim notification and designation of additional individuals to receive notice of an offender’s release.

            (Com. Sub. for H. B. 4561), Creating a special hiring process for West Virginia Division of Highways employees.

            (H. B. 4705), Relating to adding an additional type of West Virginia source income of nonresident individual.

            And,

            (H. B. 4738), Relating to the offense of driving in an impaired state.

Respectfully submitted,

  C. Edward Gaunch,

    Member, Senate Committee.

  John B. McCuskey,

    Chair, House Committee.

            Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 24th day of March, 2016, 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. 2205), Creating the crime of prohibited sexual contact by a psychotherapist.

            (Com. Sub. for H. B. 2366), Relating generally to the solicitation of minors.

            (Com. Sub. for H. B. 4009), Letting Our Counties Act Locally Act.

            (Com. Sub. for H. B. 4038), Relating to insurance requirements for the refilling of topical eye medication.

            (Com. Sub. for H. B. 4040), Regulating step therapy protocols in health benefit plans.

            (Com. Sub. for H. B. 4046), Relating to the promulgation of rules by the Department of Administration.

            (Com. Sub. for H. B. 4146), Providing insurance cover abuse-deterrent opioid analgesic drugs.

            (Com. Sub. for H. B. 4174), Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house.

            (Com. Sub. for H. B. 4176), Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program.

            (Com. Sub. for H. B. 4186), Relating to additional duties of the Public Service Commission.

            (Com. Sub. for H. B. 4261), Prohibiting the sale or transfer of student data to vendors and other profit making entities.

            (H. B. 4309), Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person.

            (Com. Sub. for H. B. 4317), Limiting factors in parenting plans.

            (H. B. 4364), Internet Privacy Protection Act.

            (H. B. 4378), Relating to access to and receipt of certain information regarding a protected person by certain relatives of the protected person.

            (Com. Sub. for H. B. 4388), Relating to stroke centers.

            (Com. Sub. for H. B. 4566), Relating to school personnel.

            (Com. Sub. for H. B. 4604), Relating to violations of the Ethics Act.

            (H. B. 4655), Prohibiting insurers, vision care plan or vision care discount plans from requiring vision care providers to provide discounts on noncovered services or materials.

            (Com. Sub. for H. B. 4662), Permitting the Superintendent of the State Police to collect $3 dollars from the sale of motor vehicle inspection stickers.

            (H. B. 4724), Relating to adding a requirement for the likelihood of imminent lawless action to the prerequisites for the crime of intimidation and retaliation.

            And,

            (H. B. 4730), Relating to computer science courses of instruction.

Respectfully submitted,

  Mark R. Maynard,

    Chair, Senate Committee.

  John B. McCuskey,

    Chair, House Committee.

            Senator Maynard, 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, 2016, 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. 293), Neighborhood Investment Program Act.

                (Com. Sub. for S. B. No. 298), Allowing restaurants, private clubs and wineries sell alcoholic beverages on Sundays.

            (S. B. 311), Allowing permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program.

            (Com. Sub. for S. B. 339), Establishing Judicial Compensation Commission.

            (S. B. 345), Relating to parking on state-owned or leased property.

            (Com. Sub. for S. B. 361), Prohibiting persons who have committed crimes against elderly from performing community service involving elderly.

            (Com. Sub. for S. B. 404), Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases.

            (S. B. 431), Authorizing pharmacists and pharmacy interns dispense opioid antagonists.

            (S. B. 437), Updating and clarifying code relating to rules governing mixed martial arts.

            (Com. Sub. for Com. Sub. for S. B. 454), Licensing and regulating medication-assisted treatment programs for substance use disorders.

            (Com. Sub. for S. B. 465), Allowing professional employer insure certain risks through pure insurance captive.

            (Com. Sub. for S. B. No. 504), Relating to confidentiality of juvenile records.

(Com. Sub. for S. B. No. 524), Rewriting Board of Barbers and Cosmetologists article.

            (Com. Sub. for S. B. No. 545), Relating to asbestos abatement on oil and gas pipelines.

            (Com. Sub. for S. B. 567), Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities.

            (S. B. 578), Protecting utility workers from crimes against person.

            (Second Enr. Com. Sub. for S. B. 601), Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities.

            (Com. Sub. for S. B. 602), Relating to Patient Injury Compensation Fund.

            (S. B. 618), Allowing Economic Development Authority to make loans to certain whitewater outfitters.

            (Com. Sub. for S. B. No. 621), Exempting taxicab companies with independent contract drivers from providing workers’ compensation coverage.

            (Com. Sub. for S. B. No. 625), Revising exceptions from FOIA provided for in Aboveground Storage Tank Act.

            (Com. Sub. for S. B. 634), Creating William R. Laird IV Second Chance Driver’s License Act.

            (Com. Sub. for S. B. 686), Authorizing local governing authorities hold sanctioned motor vehicle races on roads, streets or airports under their jurisdiction.

            (S. B. 702), Allowing title of real estate to pass to individuals entitled to sale proceeds if executor fails to do so within 5 years of closing estate.

            (Com. Sub. for H. B. 4060), Relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety.

Respectfully submitted,

  Mark R. Maynard,

    Chair, Senate Committee.

  John B. McCuskey,

    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 15, 2016, he had approved Enr. Senate Bill 94, Enr. Senate Bill 271, Enr. Committee Substitute for Senate Bill 274, Enr. Committee Substitute for Committee Substitute for Senate Bill 303, Enr. Senate Bill 346, Enr. Senate Bill 349, Enr. Committee Substitute for Senate Bill 400, Enr. Senate Bill 415, Enr. Senate Bill 426, Enr. Senate Bill 483, Enr. Senate Bill 509, Enr. Senate Bill 515, Enr. Committee Substitute for House Bill 4228, Enr. House Bill 4617 and Enr. House Bill 4644; on March 16, 2016, he had approved Enr. Committee Substitute for Senate Bill 39, Enr. Senate Bill 469, Enr. Committee Substitute for Senate Bill 474, Enr. Senate Bill 507, Enr. Committee Substitute for Senate Bill 592, Enr. Senate Bill 648, Enr. Senate Bill 656, Enr. Committee Substitute for House Bill 2122, Enr. Committee Substitute for House Bill 2801, Enr. Committee Substitute for House Bill 2823, Enr. House Bill 4160, Enr. Committee Substitute for House Bill 4209, Enr. Committee Substitute for House Bill 4225, Enr. Committee Substitute for House Bill 4322, Enr. Committee Substitute for House Bill 4330, Enr. House Bill 4345, Enr. Committee Substitute for House Bill 4377 and Enr. House Bill 4417; on March 18, 2016, he had approved Enr. Committee Substitute for Senate Bill 500, Enr. Senate Bill 597 and Enr. Senate Bill 678; on March 21, 2016, he had approved Enr. Committee Substitute for Senate Bill 265, Enr. Senate Bill 334, Enr. Senate Bill 427, Enr. Senate Bill 439, Enr. Senate Bill 476, Enr. Committee Substitute for Senate Bill 591, Enr. Committee Substitute for House Bill 2588, Enr. House Bill 4150, Enr. House Bill 4151, Enr. House Bill 4152, Enr. House Bill 4155, Enr. House Bill 4346, Enr. Committee Substitute for House Bill 4487 and Enr. Committee Substitute for House Bill 4587; on March 23, 2016, he had approved Enr. Committee Substitute for Senate Bill 6, Enr. Senate Bill 29, Enr. Committee Substitute for Senate Bill 43, Enr. Committee Substitute for Committee Substitute for Senate Bill 47, Enr. Senate Bill 54, Enr. Committee Substitute for Senate Bill 104, Enr. Committee Substitute for Committee Substitute for Senate Bill 259, Enr. Committee Substitute for Senate Bill 270, Enr. Senate Bill 323, Enr. Committee Substitute for Senate Bill 326, Enr. Senate Bill 329, Enr. Committee Substitute for Senate Bill 330, Enr. Committee Substitute for Senate Bill 338, Enr. Senate Bill 352, Enr. Committee Substitute for Senate Bill 376, Enr. Senate Bill 384, Enr. Senate Bill 416, Enr. Committee Substitute for Senate Bill 429, Enr. Senate Bill 459, Enr. Committee Substitute for Senate Bill 468, Enr. Committee Substitute for Committee Substitute for Senate Bill 484, Enr. Committee Substitute for Senate Bill 493, Enr. Senate Bill 505, Enr. Senate Bill 516, Enr. Committee Substitute for Senate Bill 517, Enr. Committee Substitute for Senate Bill 520, Enr. Committee Substitute for Senate Bill 575, Enr. Committee Substitute for Senate Bill 581, Enr. Senate Bill 613, Enr. Senate Bill 627, Enr. Committee Substitute for Senate Bill 691, Enr. Committee Substitute for House Bill 4360 and Enr. Committee Substitute for House Bill 4520; on March 24, 2016, he had approved Enr. Committee Substitute for Senate Bill 13, Enr. Senate Bill 107, Enr. Committee Substitute for Senate Bill 262, Enr. Committee Substitute for Senate Bill 267, Enr. Committee Substitute for Senate Bill 278, Enr. Senate Bill 306, Enr. Senate Bill 333, Enr. Senate Bill 461, Enr. Committee Substitute for House Bill 2444, Enr. House Bill 2494, Enr. House Bill 2605, Enr. Committee Substitute for House Bill 2615, Enr. Committee Substitute for House Bill 2897, Enr. Committee Substitute for House Bill 2904, Enr. House Bill 4033, Enr. Committee Substitute for House Bill 4218, Enr. Committee Substitute for House Bill 4265, Enr. Committee Substitute for House Bill 4314, Enr. House Bill 4347, Enr. House Bill 4351, Enr. House Bill 4411, Enr. Committee Substitute for House Bill 4435, Enr. Committee Substitute for House Bill 4448, Enr. House Bill 4461, Enr. Committee Substitute for House Bill 4463, Enr. Committee Substitute for House Bill 4507, Enr. Committee Substitute for House Bill 4517, Enr. Committee Substitute for House Bill 4612, Enr. Committee Substitute for House Bill 4659, Enr. Committee Substitute for House Bill 4673, Enr. House Bill 4725 and Enr. House Bill 4740; on March 25, 2016, he had approved Enr. Committee Substitute for Senate Bill 283, Enr. Committee Substitute for House Bill 2205, Enr. Committee Substitute for House Bill 2366, Enr. Committee Substitute for House Bill 4038, Enr. Committee Substitute for House Bill 4186, Enr. Committee Substitute for House Bill 4261, Enr. Committee Substitute for House Bill 4295, Enr. Committee Substitute for House Bill 4301, Enr. Committee Substitute for House Bill 4309, Enr. Committee Substitute for House Bill 4310, Enr. House Bill 4315, Enr. House Bill 4316, Enr. House Bill 4340, Enr. Committee Substitute for House Bill 4365, Enr. Committee Substitute for House Bill 4502, Enr. Committee Substitute for House Bill 4537, Enr. House Bill 4558, Enr. House Bill 4594, Enr. Committee Substitute for House Bill 4604, Enr. House Bill 4651, Enr. Committee Substitute for House Bill 4662, Enr. House Bill 4705, Enr. House Bill 4730, Enr. House Bill 4734 and Enr. House Bill 4738; on March 29, 2016, he had approved Enr. Committee Substitute for Senate Bill 293, Enr. Committee Substitute for Senate Bill 298, Enr. Senate Bill 311, Enr. Senate Bill 345, Enr. Committee Substitute for Senate Bill 404, Enr. Senate Bill 431, Enr. Committee Substitute for Committee Substitute for Senate Bill 454, Enr. Committee Substitute for Senate Bill 465, Enr. Committee Substitute for Senate Bill 545, Enr. Committee Substitute for Senate Bill 602, Enr. Committee Substitute for Senate Bill 614, Enr. Senate Bill 618, Enr. Committee Substitute for Senate Bill 621, Enr. Committee Substitute for Senate Bill 634, Enr. Senate Bill 702, Enr. Committee Substitute for House Bill 2826, Enr. Committee Substitute for House Bill 4040, Enr. Committee Substitute for House Bill 4046, Enr. Committee Substitute for House Bill 4060, Enr. Committee Substitute for House Bill 4146, Enr. Committee Substitute for House Bill 4176, Enr. Committee Substitute for House Bill 4317, Enr. House Bill 4334, Enr. Committee Substitute for House Bill 4388, Enr. Committee Substitute for House Bill 4554, Enr. Committee Substitute for House Bill 4586, Enr. House Bill 4618, Enr. House Bill 4724 and Enr. House Bill 4728; on March 30, 2016, he had approved Enr. Committee Substitute for Senate Bill 195, Enr. Committee Substitute for Senate Bill 202, Enr. Committee Substitute for Senate Bill 339, Enr. Committee Substitute for Senate Bill 361, Enr. Senate Bill 494, Enr. Committee Substitute for Senate Bill 567, Enr. Senate Bill 578, Enr. Committee Substitute for Senate Bill 625, Enr. Committee Substitute for Senate Bill 686, Enr. Committee Substitute for House Bill 2665, Enr. Committee Substitute for House Bill 4174, Enr. Committee Substitute for House Bill 4201 and Enr. Committee Substitute for House Bill 4323; and on April 1, 2016, he had approved Enr. Committee Substitute for Senate Bill 68, Enr. Committee Substitute for Senate Bill 504, Enr. Committee Substitute for Senate Bill 524, Enr. Senate Bill 563, Enr. Senate Bill 588, Enr. Committee Substitute for Senate Bill 595, Second Enrollment Enr. Committee Substitute for Senate Bill 601, Enr. Committee Substitute for Senate Bill 619, Enr. Committee Substitute for House Bill 2852, Enr. Committee Substitute for House Bill 4009, Enr. Committee Substitute for House Bill 4013, Enr. Committee Substitute for House Bill 4237, Enr. House Bill 4364, Enr. House Bill 4428, Enr. Committee Substitute for House Bill 4519, Enr. Committee Substitute for House Bill 4566, Enr. House Bill 4655, Enr. House Bill 4726 and Enr. House Bill 4739.

            [CLERK’S NOTE: Enrolled Senate Bill 427, Enrolled House Bill 4150, Enrolled House Bill 4151, Enrolled House Bill 4152 and Enrolled House Bill 4155 became law without the Governor’s signature on March 20, 2016, under the provisions of Subsection 11, Section 51, Article VI of the Constitution of West Virginia.]

Veto Messages

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 15, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 254

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 the Enrolled Committee Substitute for Senate Bill 254. This bill would bar county parks and recreation commissions from promulgating or enforcing rules and regulations prohibiting the possession of firearms. I believe counties are in a better position than the Legislature to evaluate local issues and determine whether firearm prohibitions in county parks and recreation areas are appropriate. Accordingly, I veto this bill in deference to county judgment on matters of public safety.

                                                                        Sincerely,

                                                                        Earl Ray Tomblin

                                                                        Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 21, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4433

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 the Enrolled Committee Substitute for House Bill 4433 for a technical reason.

            The bill is technically flawed because its title is defective. See State ex rel. Davis v. Oakley, 156 W. Va. 154, 191 S.E.2d 610 (1972) (requiring bill title to provide notice of bill’s contents). The bill’s title provides that it is “extending the effective period of the allowed adjustment.” (Emphasis added). The adjustment to gross income provided for in the bill previously terminated for taxable years on and after January 1, 2015. This bill reinstates the allowable exemption “for tax years beginning on January 1, 2016.” See page 2, line 17. Additionally, the bill provides for the termination of the allowable exemption for “taxable years on and after January 1, 2021.” See page 2, line 18.

            The title fails to provide notice that the allowable exemption is being reinstated and that it also has a subsequent termination. Because of this technical defect, I disapprove and return this bill.

                                                                        Sincerely,

                                                                        Earl Ray Tomblin

                                                                        Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 102

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 102. This bill provides county prosecutors with, among other things, limited arrest powers and the right to carry a concealed firearm for self-defense purposes. The proper role of prosecutors, however, is to represent the state in criminal proceedings; their job should not entail arresting suspects in county courthouses and being conflicted out of prosecuting them.

Further, the concealed carry right that would be afforded by this bill is duplicative of the Enrolled Committee Substitute for House Bill 4145. House Bill 4145 generally authorizes the concealed carry of a deadly weapon with or without a license. Because the Legislature overrode my veto of House Bill 4145, it will become law in May, 2016. Consequently, this May the general public (including prosecutors) will have the right to carry a concealed deadly weapon with or without a license, although that right may by qualified in a courthouse. In these circumstances, the Enrolled Committee Substitute for Senate Bill 102 is unnecessary and hereby vetoed.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 157

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for Senate Bill 157. This bill authorizes, repeals and directs promulgation of several legislative and procedural rules by the Department of Revenue. Among these is a legislative rule relating to the “Valuation of Timberland and Managed Timberland.” The authorization for this rule includes significant amendment to the rule, which is problematic for two reasons. First, these amendments occurred in the last days of the legislative session, not permitting those affected by such changes to fully appreciate or address the impacts of such changes. Second, these amendments will have a disproportionate and significant negative impact on the counties located in southern West Virginia. These amendments deserve further review before we make such sweeping changes in the law. For these reasons, I disapprove this bill.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 159

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for Senate Bill 159. This bill authorizes, repeals and directs promulgation of several legislative, procedural and interpretive rules. Among these is a reauthorization for a rule previously promulgated by the Enterprise Resource Board, which requires an amendment that would cap the amount of user fees that may be assessed in a fiscal year at $8,312,200 and would terminate the user fee on January 1, 2018. These limitations placed on the user fee are fiscally irresponsible and will prevent the Enterprise Resource Board from carrying out its statutory obligations. For this reason, I disapprove this bill.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 272

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove the Enrolled Committee Substitute for Senate Bill 272. This bill authorizes the Attorney General to allow designed investigators in his employ to carry a firearm in the course of performing their official duties. Likewise, it authorizes the Commissioner of the Alcohol Beverage Control Administration (“ABCA”) to designate certain employees of its Enforcement Division to carry a firearm. Per statutory authorization, ABCA’s Enforcement Division utilizes State Police assistance, where necessary, in issuing citations; its employees do not require firearms in carrying-out their official duties. ABCA has advised me it opposes this bill. In the interests of public safety, it is hereby vetoed.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Senate Bill 437

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill 437 for technical reasons.

The bill’s title and enacting clause are deficient. The title and enacting clause each state that the bill is amending and reenacting W. Va. Code § 29-5A-1, § 29-5A-15, and § 29-5A-24, but do not provide that it is also amending and reenacting § 29-5A-3, § 29-5A-3b, § 29-5A-5, and § 29-5A-20. For these reasons, I disapprove this bill.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for Senate Bill 599

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for Senate Bill 599.

By law, the State Treasurer is the administrator of the Uniform Unclaimed Property Act. See West Virginia Code § 36-8-1(1). This bill seeks to divest the State Treasurer of certain administrative duties and assign those duties to the Insurance Commissioner. As the law is clear that the State Treasurer shall act as the administrator, it is unwise to subdivide duties under the Uniform Unclaimed Property Act and assign those duties to other state actors.

In view of the foregoing, I must disapprove Enrolled Committee Substitute for Senate Bill 599.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Senate Bill 658

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill 658. This bill would allow licensed professionals, such as doctors, nurses, pharmacists and dentists, to donate time to the care of indigent and needy patients in a clinical setting. The bill also requires licensing boards to accept donated time to meet continuing education requirements for the professions.

Donating time to the care of the indigent and needy is critical to the framework of our society. That is why professionals are already authorized, encouraged, and in some instances mandated to donate their time and skills in this manner. Therefore, the “authorization” to donate contained in this bill is unnecessary.

That said, my concern with this bill is its requirement that donated time to be used to complete continuing education requirements. Each licensing board has specific continuing education requirements tailored to their profession. These requirements ensure that the state’s licensed healthcare professionals are informed about changes in their profession and are educated to provide the best care to their patients. Further, some licensing boards already offer professionals continuing education credit for donated time. Therefore, the continuing education provision in this bill providing one-to-one credit, up to ten hours would decrease the critical training received by our healthcare professionals through their continuing education courses.

In view of the foregoing, I must disapprove Enrolled Senate Bill 658.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 2110

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill 2110. This bill relates to providing special property tax treatment and tax credits to small arms and ammunition manufacturers. In doing so, it decreases the investment threshold for receiving special property tax treatment from $50 million to $1 million, and increases the percentage of tax credit available from 5% to 50% of the qualified manufacturing investment. Lowering the investment threshold and increasing the tax credit to such levels is fiscally imprudent to provide to a single industry. Our state has several small manufacturers that have made greater investments and have not received such favorable treatment. For this reason, I disapprove this bill.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled House Bill 2796

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove House Bill 2796. This bill provides that any state employee who is designated an essential member of an emergency aid provider may be granted leave from his or her state employment with pay, for not more that fifteen work days in each year, to provide disaster relief or emergency services in areas of the state in which a state of emergency has been declared. The aim of this bill is laudable. However, I am concerned about agencies using the Civil Contingent Fund to pay for up to $300,000 a year in paid leave without the governor’s prior approval. Because this bill sidesteps executive oversight of governor’s office funds and could lead to abuse, it is hereby vetoed.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4014

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove the Enrolled Committee Substitute for House Bill 4014. This bill makes numerous revisions to the section of the West Virginia Code governing public education assessment programs and accountability measures. In particular, the bill requires the State Board of Education to discontinue the use of the state’s current summative assessment test in a very limited timeframe. This provision is problematic for two key reasons:

1)    It discounts the time and consideration that will be needed to evaluate and establish a new statewide summative assessment test.

2)    The uncertainty that will be caused by the assessment mandates has me concerned about the potential disruption of our state’s ongoing implementation of the new A-F school accountability system.

As governor, I have championed and the Legislature has endorsed education reform measures that will improve student achievement. We need to give these changes and measures added time to take hold, and see what works and what does not. While revisions may be warranted as we move along, we need to be cautious not to undermine stability for our teachers or the children they are trying to educate. Because this bill occasions yet more uncertainty and instability in our system of public education, it is hereby vetoed.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4080

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 the Enrolled Committee Substitute for House Bill 4080. This bill authorizing the Department of Veterans’ Assistance (“DVA”) to promulgate legislative rules is defective from a technical standpoint. First, it purports (perhaps inadvertently) to amend and reenact W. Va. Code § 64-11-1, which would cancel out the Legislature’s technical corrections to certain legislative rules filed by the former Division of Environmental Protection, Office of Oil and Gas. In other words, this bill appears to amend the wrong section of the West Virginia Code. Second, the bill’s internal citation to W. Va. Code § 9A-2-10 for the DVA’s authority to promulgate legislative rules is incorrect because § 9A-2-10 does not exist. In these circumstances, I must veto this bill on the foregoing technical grounds.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4168

Dear Secretary of State Tennant:

Pursuant to section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill 4168. This bill creates a special motor vehicle collectors license plate which among other things, allows the individual holding the plate to “transfer a . . . plate among multiple collector motor vehicles” and to “maintain or renew the . . . plate” even if the individual no longer owns a collector motor vehicle. See §§ 17A-6F-3(c) and 17A-6F-2(b).

Both law enforcement officials and the Division of Motor vehicles have expressed concern over the transferability of the plate between potentially unregistered vehicles. They have expressed that this bill may result in confusion in the enforcement of traffic regulations as well as potentially opening the door to subterfuge by certain persons. In view of the foregoing and in deference to our law enforcement officials, I hereby disapprove Enrolled House Bill 4168.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4171

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove the Enrolled Committee Substitute for House Bill 4171. This bill makes several revisions to the statute governing the public school calendar. Two revisions are particularly problematic. Specifically, this bill deletes the requirement that the calendar shall provide 180 “separate” days of instruction. It also sets an inflexible instructional term that “shall begin no earlier than August 10 and end no later than June 10,” unless the school operates on a balanced calendar.

To be college or career ready, West Virginia’s students need to be in the classroom receiving instruction and learning for at least 180 separate days a year—even if this means making up lost time due to weather or emergencies. With proper planning, a county school system should be able to achieve 180 separate days of instruction without encroaching on summer vacation to a great degree. Because this bill retreats from the comprehensive education reforms I championed in 2013, including the flexible school calendar concept, it is hereby vetoed.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled House Bill 4246

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 4246. This bill provides for a special act that, among other things, changes the essential character of a public library corporation established by the City of Martinsburg in Berkeley County, West Virginia. Martinsburg’s mayor has advised me the city opposes this bill’s intrusion on city affairs. To the extent that a change in the public library corporation is desired, it should be negotiated between the interested local parties (i.e., the city, the county commission, and the county board of education) rather than dictated by the Legislature. I veto this bill because it infringes on local decision-making and may very well violate W. Va. Const. Art. VI, § 39 (prohibiting local and special laws that regulate or change county or district affairs).

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4307

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 the Enrolled Committee Substitute for House Bill 4307 because its title is defective. See State ex rel. Davis v. Oakley, 191 S.E.2d.610 (W. Va. 1972) (requiring bill title to provide notice of bill’s contents). Specifically the bill’s title fails to provide notice of how it impacts wildlife management areas and rail trails. In light of this technical defect, the bill is hereby vetoed.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled House Bill 4378

Dear Secretary of State Tennant:

Pursuant to section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled House Bill 4378. This bill creates a new legal process by which a court may order that a guardian of a vulnerable person allows access and provide information about that person to certain relatives.

This bill has several flaws. First, it broadly allows relatives of a protected person to access certain patient information. The sole factor to be used by the court in granting access to certain confidential information of a protected person is whether the protected person “is desirous of contact” with the relative. A protected person’s desire to visit with a relative does not necessarily equal the intent to provide access to other confidential data. This is especially true when the definition of “relative” extends beyond the customary familial relationships to include “any person who has a family-type relationship with a protected person.”

Second, in situations where a protected person is under guardianship of the Department of Health and Human Resources as a patient, the bill’s provisions on releasing information have the potential to conflict with current code relating to confidential disclosures. (See W. Va. Code § 27-3-1, Definition of confidential information; disclosures.) Specifically, the access to information provided under W. Va. Code § 44A-3-18 will not always be consistent to the exceptions for disclosure of confidential information. Id.

In view of the foregoing, I hereby disapprove Enrolled House Bill 4378.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4505

Dear Secretary of State Tennant:

Pursuant to section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill 4505. This bill amends the State Lottery Act and the Freedom of Information Act to allow Powerball, Mega Millions, and Hot Lotto winners to claim prizes anonymously. However, this bill contains a fatal technical error that requires its veto.

This bill would amend section § 29B-1-4 of the West Virginia Freedom of Information Act. This same section of code was also amended in Enrolled Committee Substitute for House Bill 2800. Therefore, this bill conflicts with amendments I signed into law as part of Enrolled Committee Substitute for House Bill 2800.

In view of the foregoing, I hereby disapprove Enrolled Committee Substitute for House Bill 4505.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4561

Dear Secretary of State Tennant:

Pursuant to section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill 4561. This bill requires the Commissioner of the Division of Highways and the Director of the Division of Personnel to collaborate on developing a special hiring procedure for personnel positions in the Division of Highways.

Expediting the hiring process of Division of Highways employees is a laudable goal, a goal that both the Division of Highways and the Division of Personnel have been collaboratively working toward for over a year. However, the changes made in this bill would have the effect of creating a policy that would undermine the integrity and statutory requirements of the civil service merit system in its entirety. Additionally, the proposed new policy would be in direct conflict with existing West Virginia Code and rules related to civil service and the duties and requirements of the Division of Personnel.

In view of the foregoing, I hereby disapprove and return Enrolled Committee Substitute for House Bill 4561. However, I have instructed the Division of Personnel and the Division of Highways to continue working cooperatively to resolve any existing inefficiencies in internal processes while ensuring that the Division of Highways’ employees retain merit based status.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 1, 2016

VIA HAND DELIVERY

The Honorable Natalie E. Tennant

Secretary of State

State of West Virginia

Building 1, Suite 157-K

State Capitol

Charleston, WV 25305

            Re: Enrolled Committee Substitute for House Bill 4668

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill 4668. This bill increases the allowable threshold of coal severance tax revenue distributed to county and local governments that may be budgeted for personal services from one-fourth to one-half. When the Legislature originally contemplated distributions of coal severance tax revenue to county and local governments, it was intended that such funds would be used to build infrastructure and public facilities to benefit the local citizens. It was not intended that such funds be used to increase the staff and payrolls of the beneficiary governments.

For a variety of reasons, we now face a time when coal severance tax revenues are becoming more volatile and less certain. When coal severance tax revenues are the basis for an employee’s paycheck, it may allow a local government to hire more personnel during more prosperous times; but when we face tough times in the coal industry, as we do right now, more layoffs are likely to occur. Increasing the percentages of such funds that may be used for personal services will only exacerbate this volatility. For this reason, I disapprove this bill.

                                                            Sincerely,

                                                            Earl Ray Tomblin

                                                            Governor

cc:       The Hon. Tim Armstead

              Speaker of the House of Delegates

            The Hon. William P. Cole III

              President of the Senate

All business of the sixty-day and extended session now being concluded,

Senator Hall, 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 Hall then reported this mission accomplished.

Thereupon,

On motion of Senator Carmichael, the Senate adjourned sine die.

__________

 

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print
X

PDF Not Ready Yet!

Please try later. The PDF file you requested is not available at the present time.
OK