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Senate Calendar


sdj-66th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

EXTENDED SESSION, 2011

SIXTY-SIXTH DAY

____________

Charleston, W. Va., Friday, March 18, 2011

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

Prayer was offered by the Honorable David C. Nohe, a senator from the third district.
Pending the reading of the Journal of Thursday, March 17, 2011,
On motion of Senator Minard, 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 March 17, 2011, he had approved Enr. Committee Substitute for House Bill No. 2766.
The Senate then proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 17th day of March, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 219), Relating to maintaining solvency of Unemployment Compensation Fund.
(Com. Sub. for S. B. No. 238), Redesignating Division of Veterans' Affairs as Department of Veterans' Assistance.
(S. B. No. 428), Increasing fees charged by clerk of circuit court for medical professional liability actions.
And,
(S. B. No. 608), Increasing fees for services and documents issued by DMV.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Michael T. Ferro,
Vice Chair, House Committee.
Senator Miller, 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, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2013), Requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures.
(Com. Sub. for H. B. No. 2248), Expanding the list of federal law-enforcement officers who are extended the authority of state and local law-enforcement officers to enforce the laws of this state.
(H. B. No. 2345), Changing the membership of the PEIA Financial Board.
(Com. Sub. for H. B. No. 2464), Adding additional requirements to the Ethics Act.
(Com. Sub. for H. B. No. 2517), Allowing Correctional Industries to directly purchase workers' compensation coverage for inmates.
(Com. Sub. for H. B. No. 2525), Relating to the practice of social work.
(Com. Sub. for H. B. No. 2542), Clarifying requirements and procedures for access to cemeteries and grave sites located on private land.
(Com. Sub. for H. B. No. 2639), Authorizing miscellaneous boards and agencies to promulgate legislative rules.
(Com. Sub. for H. B. No. 2663), Relating to public service commissioners presiding at hearings.
(H. B. No. 2763), Prohibiting the Executive Director of Workforce West Virginia from billing a reimbursable employer under the unemployment compensation law for overpaid amounts of benefits paid to a claimant.
(Com. Sub. for H. B. No. 2864), All relating to the creation of a misdemeanor crime of unlawful restraint in the first and second degree.
(Com. Sub. for H. B. No. 2879), Providing a one-time, nonbase building, supplemental salary increase for all eligible state employees.
(Com. Sub. for H. B. No. 2885), Allowing a guardian or conservator to be employed or in an employment contract with a behavioral health provider.
And,
(Com. Sub. for H. B. No. 2955), Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Michael T. Ferro,
Vice Chair, House Committee.
Senator Miller, 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, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2075), Relating to acquisition of a municipal business license.
(Com. Sub. for H. B. No. 2479), Relating to dental anesthesia.
(Com. Sub. for H. B. No. 2498), Relating to the practice of dentistry.
(Com. Sub. for H. B. No. 2550), Interstate Compact on Educational Opportunity for Military Children.
(Com. Sub. for H. B. No. 2818), Increasing the allowable expense that may be paid for the clean-up of real property damage by a meth lab.
(Com. Sub. for H. B. No. 2860), Authorizing the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction.
(Com. Sub. for H. B. No. 2863), Providing for the costs of disability physical and/or mental examinations approved by the Consolidated Public Retirement Board under the West Virginia State Police plan.
(Com. Sub. for H. B. No. 2936), Changing the date of the canvassing of votes in a primary election.
(Com. Sub. for H. B. No. 2949), Providing definitions of "low income" for purposes of property tax relief programs.
(H. B. No. 3075), Increasing the time period in the hold-harmless provision when distributing state aid to local health departments.
(Com. Sub. for H. B. No. 3094), Requiring the Secretary of the Department of Health and Human Services to use existing department funds to develop a program to compensate employees for personal property loss.
(Com. Sub. for H. B. No. 3145), Providing a one-time bonus to certain annuitants of the Public Employees Retirement System and the State Teachers Retirement System.
And,
(Com. Sub. for H. B. No. 3196), Establishing a program and procedure for certifying medications assistive persons in the health industry.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore
Chair, House Committee.
Without objection, the Senate returned to the third order of business.
Executive Communications

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

OFFICE OF THE GOVERNOR

CHARLESTON

March 17, 2011

The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 121.
I must object to this Bill because its object is not adequately expressed in the title. The Bill would authorize the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; however, the title does not make reference to the rule authorized by the Bill. Accordingly, I find the title of the Bill inconsistent with the substance of the Bill, so as to render Enrolled Committee Substitute for Senate Bill No. 121 constitutionally defective.
For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter in the future and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 121, Authorizing DEP promulgate legislative rules.
Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 121, the same was put and prevailed.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Enr. Com. Sub. for Senate Bill No. 121--An Act to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the National Pollutant Discharge Elimination System (NPDES) Program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing groundwater standards; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring well design standards.
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 121) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 121) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Kessler (Acting President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 18, 2011

The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Enrolled Committee Substitute for Senate Bill No. 219 is an important piece of legislation designed to allow a mechanism to keep the Unemployment Compensation Fund solvent. The most recent projections received by this office predict a significant chance that the Fund may need a temporary loan within the next sixty (60) days. However, it appears that the Legislature mistakenly omitted to make the Bill effective from passage, thus potentially jeopardizing the fund. For that reason, I hereby disapprove of and return Enrolled Committee Substitute for Senate Bill No. 219 to the Legislature for reconsideration of the effective date.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 219, Relating to maintaining solvency of Unemployment Compensation Fund.
Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 219, the same was put and prevailed.
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 219) passed as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 219) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Kessler (Acting 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

March 18, 2011

The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Enrolled Committee Substitute for Senate Bill No. 238 is an important piece of legislation that recognizes the important role our veterans play in guiding the executive department of this state. By redesignating the Division of Veterans' Affairs as the Department of Veterans' Assistance, and creating a new cabinet secretary therein, West Virginia's veterans are assured a more prominent role in state government. While I appreciate the Legislature's effort in passing this important piece of legislation, I must object to this Bill because it appears that it overrode a provision in Enrolled Committee Substitute for House Bill No. 2879 that increased the salary of another important leader of our Armed Forces, the Adjutant General of the West Virginia National Guard. Additionally, it appears that the internal effective date for the transition of the Veteran's Council to be administered under the newly created Department of Veterans' Assistance should be amended to take effect July 1, 2011 to ensure a smooth transition.
For these reasons, I must veto the legislation and encourage the Legislature to reconsider this matter in the future and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 238, Redesignating Division of Veterans' Affairs as Department of Veterans' Assistance.
Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 238, the same was put and prevailed.
On motion of Senator Wells, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page five, section one, lines fifty-four and fifty-five, after the word "Office" by striking out the comma and the words "which includes the Division of Tourism and the Tourism Commission,";
On page six, section one, after line seventy-one, by inserting a new subdivision, designated subdivision (9), to read as follows:
(9) Division of Tourism Commission provided in article two-h, chapter five-b of this code.;
On page seven, section one, lines one hundred five and one hundred six, by striking out all of subdivision (2);
And renumbering the remaining subdivisions;
On page seven, section one, after line one hundred ten, by inserting a new subsection, designated subsection (g), to read as follows:
(g) The Educational Broadcasting Authority provided in article five, chapter ten of this code is part of the Department of Education and the Arts for the purposes of administrative support and liaison with the office of the Governor.;
And relettering the remaining subsections;
On page seven, section one, line one hundred twenty-two, after the word "and" by inserting the new word "the";
On page ten, section one, line two hundred eleven, by striking out the word "The" and inserting in lieu thereof the words "Effective July 1, 2011, the";
On page twelve, section two-a, line twenty-four, after "$70,000;" by inserting the words "Prior to July 1, 2011, Director, Division of Veterans Affairs, $65,000;";
On page twelve, section two-a, lines thirty-six through forty- two, by striking out all of the proviso and inserting in lieu thereof a new proviso, to read as follows: Provided, however, That any officer specified in this subsection whose salary is increased by more than $5,000 as a result of the amendment and reenactment of this section during the 2011 regular session of the Legislature shall be paid the salary increase in increments of $5,000 per fiscal year beginning July 1, 2011, up to the maximum salary provided in this subsection.;
On page fourteen, section two-a, line eighty-one, by striking out "$92,500" and inserting in lieu thereof "$125,000";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Enr. Com. Sub. for Senate Bill No. 238--An Act to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §9A-1-1, §9A-1-2 and §9A-1-4 of said code; and to amend said code by adding thereto four new sections, designated §9A-1-1a, §9A-1-1b, §9A-1-1c and §9A-1-1d, all relating to organization and authority of state agencies generally; clarifying agencies structures; redesignating the Division of Veterans' Affairs as the Department of Veterans' Assistance within the executive branch; establishing the office of the secretary and setting forth the powers and duties of the secretary; establishing the time period for review of the Department of Veterans' Assistance by the Joint Standing Committee on Government Organization and the Joint Committee on Government Operations; providing that the Veterans' Council be part of the Department of Veterans' Assistance; changing name of division from Division of Veteran Affairs to Department of Veterans' Assistance; changing name of council from Veterans' Council to Veterans Council; revising membership requirements for the Veterans' Council; providing that the Department of Veterans' Assistance be supervised by a secretary-level administrator; establishing the salary of the secretary; providing an effective date for redesignation; clarifying the purpose of the Department of Veterans' Assistance; making other changes to the code to comport with the amendment; establishing the salaries of certain public officers and public employees requiring some salary increases to be incremental; establishing internal effective dates related to positions and salary pending transition to department level agency; and providing technical and clerical cleanup.
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 238) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 238) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Kessler (Acting President) laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 17, 2011

The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 263.
I must object to this Bill because its object is not adequately expressed in the title. The Bill would exempt certain nonprofit corporations from complying with the dealer recovery fund requirements imposed by article six, chapter seventeen-a of the Code of West Virginia, 1931, as amended; however, the title does not make reference to the exemption contained in the Bill. Accordingly, I find the title of the Bill inconsistent with the substance of the Bill, so as to render Enrolled Committee Substitute for Senate Bill No. 263 constitutionally defective.
For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 263, Relating to special plates for testing of vehicles operated by certain nonprofit corporations.
Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 263, the same was put and prevailed.
On motion of Senator Beach, the following amendment to the title of the bill was reported by the Clerk and adopted:
Enr. Com. Sub. for Senate Bill No. 263--An Act to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6-10d, relating to special plates for the testing of vehicles operated by nonprofit corporations engaged in research and development of motor vehicles, special fuels or equipment for motor vehicles; requiring written records be kept; nonprofit corporations issued a special plate are not required to comply with the bond or dealer recovery fund otherwise required for that vehicle; requiring vehicles to be insured; and exempting the vehicles from safety inspections, but requiring the vehicles to be safe.
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 263) passed with its title, as amended, as a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Kessler (Acting President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 17, 2011

The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 295.
I must object to this Bill because its object is not adequately expressed in the title. The Bill would authorize the Department of Health and Human Resources to promulgate a legislative rule relating to maternal risk screening; however, the title does not make reference to the rule authorized by the Bill. Accordingly, I find the title of the Bill inconsistent with the substance of the Bill, so as to render Enrolled Committee Substitute for Senate Bill No. 295 constitutionally defective.
For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter in the future and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 295, Authorizing DHHR promulgate legislative rules.
Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 295, the same was put and prevailed.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Enr. Com. Sub. for Senate Bill No. 295--An Act to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule- Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to specialized multipatient medical transport; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food manufacturing facilities; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fire department rapid response services licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to cancer registry; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to maternal risk screening; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to safety and treatment programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to requirements for licensure of nonprofit corporations for conservator service; and authorizing the Health Care Authority to promulgate a legislative rule relating to certificates of need.
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 295) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for S. B. No. 295) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Kessler (Acting 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

March 18, 2011

The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 428.
I must object to this Bill because its proposed title does not reference two sections of the West Virginia Code amended by the Bill. Accordingly, I find the title of the Bill inconsistent with the substance of the Bill, so as to render Enrolled Senate Bill No. 428 constitutionally defective. For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
Enr. Senate Bill No. 428, Increasing fees charged by clerk of circuit court for medical professional liability actions.
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 Senate Bill No. 428, the same was put and prevailed.
On motion of Senator Prezioso, the following amendments to bill were reported by the Clerk, considered simultaneously, and adopted:
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §59-1-4, §59-1-11 and §59-1-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Enr. Senate Bill No. 428--An Act to amend and reenact §59-1-4, §59-1-11 and §59-1-13 of the Code of West Virginia, 1931, as amended, all relating generally to fees charged by the clerk of a circuit court; increasing the fees charged by the clerk of a circuit court for medical professional liability actions; and fees collected by clerks of court to be used to enhance funding for civil legal services for victims of domestic violence and low income citizens in the state.
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. S. B. No. 428) passed with its title, as amended, as a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the third order of business.
Executive Communications

Senator Kessler (Acting 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 18, 2011

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
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. 2464.
Apparently, during the Conference Committee Process, the first portion of subsection (e) of section two, article three, chapter six-b of the Code of West Virginia, 1931, as amended (the "Code"), was omitted from the Conference Report and was also, therefore, omitted from Enrolled Committee Substitute for House Bill No. 2464. Accordingly, the language in the Bill following subsection (d) of the aforementioned section of the Code, enumerated as subdivisions (1) through (7), lacks reference and is ambiguous as to its intended meaning.
Although I support the substance of this legislation, because the Bill contains the referenced flaw, I must veto Enrolled Committee Substitute for House Bill No. 2464. However, I encourage the Legislature to reconsider this matter and return it to my desk for approval.
Very truly yours,
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, to take effect July 1, 2011, 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. 2464, Adding additional requirements to the Ethics Act.
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. 2464), 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. 2464, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the bill:
On page twelve, section two, after line fifty-three, by inserting a new subsection, designated subsection (e), to read as follows:
(e) The following public officers or employees may not, during or up to one year after the termination of their public employment or service, be allowed to register as lobbyists:.
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: Minard--1.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2464) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: Minard--1.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2464) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Kessler (Acting President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 18, 2011

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
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. 2525.
I must object to this Bill because its objects are not adequately expressed in the title. The Bill would specify, in separate sections, the scope of practice for a licensed certified social worker, a licensed graduate social worker, a social worker, and a provisionally licensed social worker; however, the title fails to mention or address the scope of practice for any of the above-named types of social workers.
The Bill would also respecify in a new section and add additional exemptions from the provisions of article thirty, chapter thirty of the Code of West Virginia, 1931, as amended; however, the title fails to mention or address the additional exemptions. In addition, the Bill would amend the requirements regarding the display of a license or permit at the person's principal business location; however, the title fails to mention or address the amended display requirements. Lastly, the Bill would respecify in a new section and amend the information a licensee must not disclose and exceptions to that requirement; however, the title fails to mention or address the amended confidentiality requirement and exceptions.
Unfortunately, because the Bill's title does not adequately reflect the amendments it purports to make to the West Virginia Code, a reasonable person would not be able to discern the amendments without reading the entire text of the Bill. For this reason, I must veto Enrolled Committee Substitute for House Bill No. 2525.
Additionally, while not substantively fatal, the Bill contains a clerical error. The Senate's adopted floor amendment required that the word "supervision" be inserted after the word "required" on page ten, section six, line seventeen. However, in the Enrolled Committee Substitute for House Bill No. 2525, the word "supervision" was inserted before the word "required".
Very truly yours,
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, to take effect from passage, 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. 2525, Relating to the practice of social work.
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. 2525), 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. 2525, 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. Com. Sub. for House Bill No. 2525--A Bill to repeal §30-30-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-30-1, §30-30-2, §30-30-3, §30-30-4, §30-30-5, §30-30-6, §30-30-7, §30-30-8, §30-30-9, §30-30-10, §30-30-11 and §30-30-12 of said code; and to amend said code by adding thereto seventeen new sections, designated §30-30-13, §30-30-14, §30-30-15, §30-30-16, §30-30-17, §30-30-18, §30-30-19, §30-30-20, §30-30-21, §30-30-22, §30-30-23, §30-30-24, §30-30-25, §30-30-26, §30-30-27, §30-30-28 and §30-30-29, all relating to the practice of social work; prohibiting the practice of social work without a license; setting forth applicable law; defining terms; continuing and renaming board; providing for board composition, appointments, qualifications, terms of office, filling of vacancies and holding meetings; providing for compensation and reimbursement for board members; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing licensure requirements for independent clinical social workers, certified social workers, licensed graduate social workers and social workers; setting forth scopes of practice for independent clinical social workers, certified social workers, licensed graduate social workers and social workers; providing for provisional licenses; establishing qualifications and scope of practice for provisional licenses; providing exemptions from licensure; providing temporary exemption for persons licensed in another state; establishing licensure renewal requirements; establishing delinquent, expired and inactive license requirements; providing temporary permit requirements; requiring license to be displayed; providing for privileged communications and exceptions; providing the board may issue notices to cease and desist; providing that circuit courts may issue injunctions; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for the investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; and providing for criminal penalties.
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2525) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2525) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Kessler (Acting 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

March 18, 2011

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
Enrolled Committee Substitute for House Bill No. 2542 relates to allowing certain authorized persons to have access to cemeteries and grave sites located on private lands. Although I support the substance of this legislation, technical drafting errors in the body of the bill provide erroneous internal cross-references.
For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter in the future and return it to my desk for approval.
Very truly yours,
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. 2542, Clarifying requirements and procedures for access to cemeteries and grave sites located on private land.
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. 2542), 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. 2542, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the following House of Delegates amendments to the bill:
On page two, section one, line seven, by striking out "(c)" and inserting in lieu thereof "(b)";
On page two, section one, line ten, by striking out the words "subdivision (b)" and inserting in lieu thereof the words "to subdivision (2), subsection (c)";
And,
On page three, section one, lines twenty-seven and twenty- eight, after "(b)" by striking out the comma and the words "section one of this article" and inserting in lieu thereof the words "of this section".
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2542) 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 (Acting 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 18, 2011

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
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. 2639.
I must object to this Bill because its object is not adequately expressed in the title. The Bill would authorize the Board of Optometry to promulgate a legislative rule relating to examination and scoring policy contained in 14 CSR 6; however, the title does not make reference to the rule authorized by the Bill. Accordingly, I find the title of the Bill inconsistent with the substance of the Bill, so as to render Enrolled Committee Substitute for House Bill No. 2639 constitutionally defective.
For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter in the future and return it to my desk for approval.
Very truly yours,
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, to take effect from passage, 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. 2639, Authorizing miscellaneous boards and agencies to promulgate legislative rules.
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. 2639), 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. 2639, 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. Com. Sub. for House Bill No. 2639--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure and the practice of pharmacy (15 CSR 1); authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring (15 CSR 8); authorizing the Board of Physical Therapy to promulgate a legislative rule titled general provisions (16 CSR 1); authorizing the Board of Physical Therapy to promulgate a legislative rule relating to fees for physical therapists and physical therapist assistants (16 CSR 4); authorizing the Board of Physical Therapy to promulgate a legislative rule titled general provisions for athletic trainers (16 CSR 5); authorizing the Board of Physical Therapy to promulgate a legislative rule relating to fees for athletic trainers (16 CSR 6); authorizing the Board of Sanitarians to promulgate a legislative rule relating to an interim fee schedule (20 CSR 3); authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation (20 CSR 4); authorizing the Secretary of State to promulgate a legislative rule relating to the combines voter registration and driver licensing fund (153 CSR 25); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians (3 CSR 1); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to qualifications, training, examination of instructors(3 CSR 2); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to operational standards for schools of barbering and beauty culture (3 CSR 4); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule titled schedule of fees (3 CSR 6); authorizing the Commissioner of Agriculture to promulgate a legislative rule titled the West Virginia Apiary Rule (61 CSR 2); authorizing the repeal of the Commissioner of Agriculture's legislative rule relating to general groundwater protection for fertilizes and manures (61 CSR 6C); authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry (61 CSR 16); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the organization, operation and licensing of veterinarians (26 CSR 1); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the registration of veterinary technicians (26 CSR 3); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the standards of practice (26 CSR 4); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians (26 CSR 5); authorizing the Board of Veterinary Medicine to promulgate a legislative rule titled schedule of fees(26 CSR 6); authorizing the Board of Optometry to promulgate a legislative rule titled rules of the West Virginia Board of Optometry (14 CSR 1); authorizing the Board of Optometry to promulgate a legislative rule relating to oral pharmaceutical prescriptive authority(14 CSR 2); authorizing the Board of Optometry to promulgate a legislative rule titled schedule of fees (14 CSR 5); authorizing the Board of Optometry to promulgate a legislative rule relating to examination and scoring policy (14 CSR 6); authorizing the Board of Optometry to promulgate a legislative rule relating to licensure by endorsement (14 CSR 8); authorizing the Board of Optometry to promulgate a legislative rule relating to contact lenses that contain and deliver pharmaceutical agents (14 CSR 9); authorizing the Board of Optometry to promulgate a legislative rule relating continuing education (14 CSR 10); authorizing the Board of Optometry to promulgate a legislative rule relating to injectable pharmaceutical agents (14 CSR 11); authorizing the Board of Osteopathy to promulgate a legislative rule relating to osteopathic assistants (24 CSR 2); authorizing the Board of Osteopathy to promulgate a legislative rule relating to fees for services rendered by the Board (24 CSR 5); authorizing the Treasurer's Office to promulgate a legislative rule relating to the establishment of imprest funds (112 CSR 3); and authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public Financing Pilot Program (146 CSR 5).
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: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Helmick, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Snyder, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--22.
The nays were: Foster, Hall, Jenkins, Nohe, Plymale, Prezioso, Stollings and Sypolt--8.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2639) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Helmick, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Snyder, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--22.
The nays were: Foster, Hall, Jenkins, Nohe, Plymale, Prezioso, Stollings and Sypolt--8.
Absent: Barnes, Fanning, Green and Tomblin (Mr. President)--4.
So, two thirds of all the members elected to the Senate not having voted in the affirmative, the Acting President declared Senator Unger's motion had not prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Kessler (Acting President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 18, 2011

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
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. 2663.
I must veto the Bill for several reasons. First, its objects are not adequately expressed in the title. The Bill would allow a tax credit to public utilities for providing water utility services to certain low-income residents; require the Department of Health and Human Resources to establish procedural rules regarding the special reduced rate; require the Public Service Commission to establish rules and procedures to approve the special reduced rate; and require the Tax Commissioner to establish rules to implement the reduced rate program. As a result, the title requires amending to reflect the respective amendments and additions to the Code. Additionally, while not fatal, the Bill's title states that the Public Service Commission must establish a toll-free telephone number to receive certain comments. That requirement is not reflected in the Bill as presented and is not necessary in the title.
Also, the new §24-2A-5 appears to be missing a reference to "TANF" in subdivision (1), subsection (c) of that section. I am concerned that such an omission may jeopardize residents who might otherwise qualify for the special reduced rate provided by the Bill.
Additionally, I must object to this Bill because §11-24-11 is duplicated in the enrolled bill with language that is incongruent. This error appears to be have occurred in the conference committee report filed on March 12, 2011. This occurrence renders the bill ambiguous.
For these reasons, I must veto the Bill. If the Legislature would reconsider its actions and resolve the duplicative and conflicting sections, as well as amend the title to reflect other changes made within the Bill, I would be happy to reevaluate my decision to veto the Bill.
Very truly yours,
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, to take effect July 1, 2011, 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. 2663, Relating to public service commissioners presiding at hearings.
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. 2663), 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. 2663, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the following House of Delegates amendments to the bill:
On page three, section one, line three, by striking out the words "and natural gas" and inserting in lieu thereof the words "or natural gas or water";
On page three, section one, line seven, by striking out the word "and" and inserting in lieu thereof the word "or";
On page three, by striking out the article heading;
On pages three through five, by striking out all of section eleven;
On pages five through seven, by striking out all of section eleven and inserting in lieu thereof a new section eleven, to read as follows:
§11-24-11. Credit for reducing electric or natural gas or water utility rates for low-income residential customers.

(a) General. -- A credit shall be allowed against the primary tax liability of an eligible taxpayer under this article for the cost of providing electric or natural gas or water utility service, or any combination of electric, natural gas or water utility services, at special reduced rates to qualified low-income residential customers which has not been reimbursed by any other means.
(b) Definitions. -- For purposes of this section, the term:
(1) "Eligible taxpayer" means a utility which has provided electric or natural gas or water utility service, or any combination of electric, natural gas or water utility services, to qualified low-income residential customers at special reduced rates.
(2) "Cost of providing electric or natural gas or water utility service, or any combination of electric, natural gas or water utility services, at special reduced rates" means the amount certified by the public service commission under the provisions of section two, article two-a, chapter twenty-four of this Code, as the revenue deficiency incurred by a public utility in providing special reduced rates for electric or natural gas or water utility service, or any combination of electric, natural gas or water utility services, as required by section one or authorized by section five, article two-a, chapter twenty-four of this code. (3) "Special reduced rates" means the rates ordered or approved by the public service commission under the authority of sections one or five, article two-a, chapter twenty-four of this code.
(4) "Qualified low-income residential customers" means those utility customers eligible to receive electric or natural gas or water utility service, or any combination of electric, natural gas or water utility services, under special reduced rates.
(c) Amount of credit. -- The amount of the credit available to any eligible taxpayer shall be equal to its cost of providing electric or natural gas or water utility service, or any combination of electric, natural gas or water utility services, at special reduced rates to qualified residential customers, less any reimbursement of said cost which the taxpayer has received through any other means.
(d) When credit may be taken. -- An eligible taxpayer may claim a credit allowed under this section on its annual return for the taxable year in which it receives certification of the amount of its revenue deficiency from the public service commission.
Notwithstanding the provisions of section sixteen of this article to the contrary, no credit may be claimed on any declaration of estimated tax filed for such taxable year prior to the first day of July of such taxable year. Such credit may be claimed on a declaration or amended declaration filed on or after that date but only if the amount certified will not be recovered by application of the business and occupation tax credit allowed by section three-f, article thirteen of this chapter. In such event, only that amount not recovered by that credit may be considered or taken as a credit when estimating the tax due under this article. In no event may the eligible taxpayer recover more than one hundred percent of its revenue deficiency as certified by the public service commission.
(e) Application of credit. -- The credit allowable by this section for a taxable year is not subject to the fifty percent limitation specified in section nine of this article. Notwithstanding the provisions of section four, article thirteen-f of this chapter, any unused credit may be carried over and applied against business and occupation taxes in the manner specified in section five, article thirteen-f of this chapter.
(f) Copy of certification order. -- A copy of a certification order from the public service commission shall be attached to any annual return under this article on which a credit allowed by this section is taken.;
On page twelve, section two, line one, after the word "mandated" by inserting the words "or authorized";
On page thirteen, section five, line twenty-six, after "SSI," by inserting "TANF,";
On page fourteen, section five, line thirty-six, after the word "rules" and by inserting the word "and";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Enr. Com. Sub. for House Bill No. 2663--A Bill to amend and reenact §11-13-3f of the Code of West Virginia, 1931, as amended be amended and reenacted; to amend and reenact §11-13F-1 of said code; to amend and reenact §11-24-11 of said code; to amend and reenact §24-1-3, §24-1-4 and §24-1-6 of said code; to amend and reenact §24-2A-2 of said code; to amend said code by adding thereto a new section, designated §24-2A-5; and to amend and reenact §24-3-2 of said code, all relating to the Public Service Commission; requiring at least one commissioner to be present at a hearing conducted for the sole purpose of receiving public comment or protest; requiring the commission establish a website for reception of public comments; allowing private water companies regulated by the Public Service Commission to offer discounted water services to qualified low-income customers; providing certain tax credits to private water companies extending such discounts to qualified low-income customers; adding cost of providing discounted water utility services by private water companies to qualified low-income residents to matters that the commission must certify; placing the burden of proving eligibility to receive special reduced rates on the customer requesting the reduced rates; providing for the establishment of rules and procedures by the Public Service Commission to implement a reduced rate program for private water utilities and their qualified low-income residential customers; requiring the Department of Health and Human Resources to establish rules and procedures related to the special reduced water rate program and verifying applicants' eligibility to receive such discounts; providing for establishment of rules by the Tax Commissioner as necessary to implement said reduced rate program and its associated tax credits; and deleting obsolete language.
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: Beach, Boley, Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and Tomblin (Mr. President)--6.
So a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2663) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Beach, Boley, Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and Tomblin (Mr. President)--6.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2663) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Kessler (Acting 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

March 18, 2011

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
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. 2955.
I must object to this Bill because its proposed title does not reference a section of the West Virginia Code amended by the Bill. Accordingly, I find the title of the Bill inconsistent with the substance of the Bill, so as to render Enrolled Committee Substitute for House Bill No. 2955 constitutionally defective. Additionally, there appear to be some internal inconsistencies regarding references to other Code sections within the Bill. For these reasons, I must veto the legislation. However, I encourage the Legislature to reconsider this matter and return it to my desk for approval.
Very truly yours,
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. 2955, Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators.
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. 2955), 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. 2955, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the following House of Delegates amendments to the bill:
On page six, section four, line five, after the word "subsection", by striking out "(f)" and inserting in lieu thereof "(g)";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Enr. Com. Sub. for House Bill No. 2955--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11- 13BB-10, §11-13BB-11, §11-13BB-12, §11-13BB-13 and §11-13BB-14; to amend and reenact §22-3-7, §22-3-8 and §22-3-19 of said code; to amend and reenact §22A-1-4 of said code; and to amend and reenact §22A-11-3 of said code, all relating to environmental resources; providing a tax credit for purchase of innovative mine safety technology; providing legislative findings and purpose; providing definitions; requiring list of approved innovative mine safety technology; authorizing tax credits; providing criteria for qualified investment; providing for forfeiture of unused tax credits; providing for transfer of certified eligible safety property to successors; setting forth requirements for identification of investment credit property; prescribing treatment for failure to keep records of certified eligible safety property; specifying tax credit review and accountability requirements; specifying requirement for disclosure of tax credits; authorizing rules; providing for termination of tax credit; providing for increased and new fees on coal mining operators by the Division of Mining and Reclamation; providing for and requiring certain permits and applications relating to coal mining; amending the duties of the Director of the West Virginia Office of Miners' Health, Safety and Training; and amending the duties of the Mine Safety Technology Task Force.
The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Beach, Boley, Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and Tomblin (Mr. President)--6.
So a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 2955) 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 (Acting 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 18, 2011

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
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. 3196.
I must object to this Bill because it contains a reference to a chapter of code that does not exist when outlining violations that may prompt the West Virginia Board of Examiners for Registered Professional Nurses (the "Board") to deny, suspend, revoke or limit a medical assistive person certificate or otherwise discipline a certificate holder. Specifically, §30-7D-8, within the new article created by the Bill, allows the Board to deny, suspend, revoke or limit any medical assistive person certificate or to otherwise discipline a certificate holder upon proof that the person "(2) Has been found guilty of or pled guilty or nolo contendere to a . . . violation of chapter sixty-one-a of this code[.]" Chapter sixty- one-a does not exist. Further, it is unclear from the bill history whether the reference should have been to chapter sixty-a or chapter sixty-one.
Unfortunately, because the Bill contains an incorrect reference pertaining to violations that may subject a person to certificate denial, suspension, revocation or limitation, or to other disciplinary actions, I must veto Enrolled Committee Substitute for House Bill No. 3196.
Very truly yours,
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, to take effect from passage, 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. 3196, Establishing a program and procedure for certifying medications assistive persons in the health industry.
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. 3196), 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. 3196, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the bill:
On page nine, section eight, line twelve, by striking out the word "sixty-one-a" and inserting in lieu thereof the word "sixty- a".
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: Beach, Boley, Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and Tomblin (Mr. President)--6.
So a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 3196) passed with its title, as amended, as a result of the objections of the Governor.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: None.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and Tomblin (Mr. President)--6.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Enr. Com. Sub. for H. B. No. 3196) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the 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. 2012, 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. 2012, Budget bill, making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendment of the Senate to Engrossed Committee Substitute for House Bill No. 2012 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
[CLERK'S NOTE: For full text of conference committee report, see House Journal of this day.]
Respectfully submitted,
Harry Keith White, Chair, Thomas W. Campbell, Mary M. Poling, K. Steven Kominar, Don Perdue, William Anderson, Allen V. Evans, Conferees on the part of the House of Delegates.
Roman W. Prezioso, Jr., Chair, Douglas E. Facemire, Robert H. Plymale, Brooks F. McCabe, Jr., John R. Unger II, Ron Stollings, Mike Hall, 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.
The Clerk announced that the following notice of pairs on the passage of the bill was on his desk:
Senator K. Facemyer-Yea.Senator Barnes-Nay.
Engrossed Committee Substitute for House Bill No. 2012, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Beach, Boley, Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Sypolt--1.
Absent: Chafin, Fanning, Green and Tomblin (Mr. President)-- 4.
Paired: K. Facemyer (For), Barnes (Against)--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2012) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Browning, Edgell, D. Facemire, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Sypolt--1.
Absent: Barnes, Chafin, K. Facemyer, Fanning, Green and Tomblin (Mr. President)--6.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2012) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Enr. Com. Sub. for Senate Bill No. 121, Authorizing DEP promulgate legislative rules.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Enr. Com. Sub. for Senate Bill No. 219, Relating to maintaining solvency of Unemployment Compensation Fund.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Enr. Com. Sub. for Senate Bill No. 238, Redesignating Division of Veterans' Affairs as Department of Veterans' Assistance.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Enr. Com. Sub. for Senate Bill No. 263, Relating to special plates for testing of vehicles operated by certain nonprofit corporations.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Enr. Com. Sub. for Senate Bill No. 295, Authorizing DHHR promulgate legislative rules.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Enr. Senate Bill No. 428, Increasing fees charged by clerk of circuit court for medical professional liability actions.
The Senate proceeded to the sixth order of business.
At the request of Senator Unger, unanimous consent being granted, Senator Unger offered the following resolution from the floor:
Senate Resolution No. 56--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the Acting 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 (Acting President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
Senators Beach, Wills and Nohe.
At the request of Senator Unger, and by unanimous consent, Senator Unger offered the following resolution from the floor:
Senate Resolution No. 57--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
Resolved by the Senate:
That the Acting 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 provisions of the foregoing resolution, Senator Kessler (Acting President) appointed the following committee to notify His Excellency, the Governor, that the Senate is ready to adjourn:
Senators Stollings, Snyder and Sypolt.
Thereafter, the Acting President recognized the presence of a three-member delegation from the House of Delegates, namely:
Delegates Manypenny, Jones and Householder, who announced that that body had completed its labors and was ready to adjourn sine die.
The Acting President then acknowledged another delegation from the House of Delegates, consisting of
Delegates D. Campbell, Ferns and Storch, 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 Stollings, Snyder and Sypolt, comprising the Senate committee, then joined with the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent legislative adjournment, and receive any message he might desire to transmit to the members of the Senate.
The Senate proceeded to the fourth order of business.
Senator Kessler (Acting President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has conducted a complete examination of the Senate Clerk's office; and in compliance with the Rules of the Senate, reports that it has found all papers belonging to said office properly filed, labeled and put away in presses; and that the books belonging to the office are chronologically arranged.
In the opinion of the committee, the office is being handled in a proper, efficient and commendable manner.
Respectfully submitted,
Jeffrey V. Kessler,
Chair ex officio.
On motion of Senator Miller, 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 Miller, 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, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2368), Relating to the practice of beauty care.
(Com. Sub. for H. B. No. 2437), Requiring study relating to mandating the utilization of devices that case underground mining machines to shut-off when methane is detected.
(Com. Sub. for H. B. No. 2505), Adding synthetic cannabinoids and hallucinogens and stimulants to the Schedule I list of controlled substances (K2).
(Com. Sub. for H. B. No. 2520), Relating to centers for housing young adult offenders.
(Com. Sub. for H. B. No. 2532), Zipline Responsibility Act.
(Com. Sub. for H. B. No. 2539), Authorizing the West Virginia State Police to enter into agreements for certain forensic services with the Marshall University Forensic Science Center.
And,
(H. B. No. 2551),
Relating generally to estates and trusts and their administration.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.

Senator Miller, 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, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 186), Relating to issuing subpoena to aid in criminal investigations involving certain crimes against minors.
(Com. Sub. for S. B. No. 213), Relating to crimes using computers, telephones and electronic devices.
(Com. Sub. for S. B. No. 228), Creating Local Solution Dropout Prevention and Recovery Act.
(Com. Sub. for S. B. No. 247), Exempting certain construction contractor purchases from consumers sales, service and use tax.
(Com. Sub. for S. B. No. 439), Clarifying that filing of manufactured housing complaint with state regulatory board is prerequisite for lawsuit.
(Com. Sub. for S. B. No. 484), Relating to management agreements of Higher Education Policy Commission.
(Com. Sub. for S. B. No. 495), Relating generally to use of electronic voting systems.
(S. B. No. 581), Changing beginning date for early voting; allowing Saturday early voting.
(Com. Sub. for S. B. No. 592), Requiring schools have crisis response plans.
(S. B. No. 617), Making supplementary appropriation of federal funds to Department of Education and Arts and DHHR.
(S. B. No. 618), Making appropriation from State Road Fund to DOT.
(S. B. No. 619), Making supplementary appropriation of unappropriated moneys to various accounts.
(S. B. No. 620), Making supplementary appropriation to various executive accounts.
(Com. Sub. for H. B. No. 2012), Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
And,
(Com. Sub. for H. B.
No. 2879) , Providing a one-time, nonbase building, supplemental salary increase for all eligible state employees.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.

Senator Miller, 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, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 93), Relating to escape from custody of Director of Juvenile Services.
(Com. Sub. for S. B. No. 96), Relating generally to certain county officials.
(Com. Sub. for S. B. No. 112), Authorizing Department of Administration promulgate legislative rules.
(Com. Sub. for S. B. No. 193), Relating to law-enforcement certification generally.
(Com. Sub. for S. B. No. 216), Modifying definition "imminent danger to physical well-being of a child".
(S. B. No. 222), Relating to Municipal Police Officers and Firefighters Retirement System.
(Com. Sub. for Com. Sub. for S. B. No. 245), Relating to protection of Chesapeake Bay Watershed.
(S. B. No. 328), Relating to issuance, disqualification, suspension and revocation of driver's licenses.
(Com. Sub. for S. B. No. 356), Making captive insurance company organized as risk retention group subject to certain insurance code provisions.
(Com. Sub. for S. B. No. 357), Relating to reporting beaver and river otter taken, tagged and checked.
(S. B. No. 371), Updating list of jurisdictions identified as tax havens.
(Com. Sub. for Com. Sub. for S. B. No. 408), Creating WV Health Benefit Exchange Act.
(Com. Sub. for S. B. No. 460), Relating to clarifying supervision of Division of Forestry natural resources police officers.
(Com. Sub. for S. B. No. 461), Providing criminal penalty for violating restraining order entered upon conviction for stalking or harassment.
(Com. Sub. for Com. Sub. for S. B. No. 492), Relating to maximizing federal funding for state Medicaid program.
(Com. Sub. for Com. Sub. for S. B. No. 532), Relating to fraud and abuse in Medicaid program.
(Com. Sub. for S. B. No. 544), Relating to municipal policemen's and firemen's pension and relief funds.
(Com. Sub. for S. B. No. 550), Relating generally to gaming at licensed racetracks and historic resort hotels.
(Com. Sub. for Com. Sub. for S. B. No. 560), Relating to confidentiality of Health Care Authority's rate-setting model.
(S. B. No. 563), Authorizing municipalities to create deferred retirement option plans for certain employees.
(Com. Sub. for S. B. No. 570), Creating Volunteer for Nonprofit Youth Organizations Act.
And,
(S. B. No. 612), Exempting certain schools and school districts from certain statutory provisions.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.

Senator Miller, 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, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 35), Increasing nonfamily adoption tax credit.
(S. B. No. 239), Extending period higher education institutes have to deposit moneys into research endowments.
(Com. Sub. for S. B. No. 241), Relating to Division of Tourism and Tourism Commission.
(S. B. No. 285), Extending time frame practitioners must write prescriptions on official tamper-resistant paper.
(Com. Sub. for Com. Sub. for S. B. No. 335), Authorizing certain municipalities regulate taxis and taxi stands by ordinance.
(S. B. No. 366), Relating to Underground Storage Tank Administrative Fund.
(S. B. No. 375), Authorizing Higher Education Policy Commission collect and disseminate information concerning higher education institutions.
(S. B. No. 376), Permitting unit owners' associations institute legal action to collect dues.
(Com. Sub. for S. B. No. 391), Relating to community voting locations generally.
(S. B. No. 436), Continuing personal income tax adjustment to gross income of certain retirees.
(Com. Sub. for S. B. No. 472), Relating to portable electronics insurance.
And,
(Com. Sub. for Com. Sub. for S. B. No. 488), Revising HIV testing statute to conform with most recent recommendations from CDC.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.

Senator Miller, 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, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Second Enrollment Com. Sub. for S. B. No. 121), Authorizing DEP promulgate legislative rules.
(S. B. No. 192), Protecting consumers from price gouging and unfair pricing practices.
(Second Enrollment Com. Sub. for S. B. No. 219), Relating to maintaining solvency of Unemployment Compensation Fund.
(Second Enrollment Com. Sub. for S. B. No. 238), Redesignating Division of Veterans' Affairs as Department of Veterans' Assistance.
(Second Enrollment Com. Sub. for S. B. No. 263), Relating to special plates for testing of vehicles operated by certain nonprofit corporations.
(Second Enrollment Com. Sub. for S. B. No. 295), Authorizing DHHR promulgate legislative rules.
(Second Enrollment S. B. No. 428), Increasing fees charged by clerk of circuit court for medical professional liability actions.
(Second Enrollment Com. Sub. for S. B. No. 458), Updating Logging Sediment Control Act.
(Second Enrollment Com. Sub. for H. B. No. 2464), Adding additional requirements to the Ethics Act.
(Com. Sub. for H. B. No. 2752), Increasing the maximum age for persons applying for appointment for the police force in a Class I or Class II city from thirty-five to forty years.
(Com. Sub. for H. B. No. 2888), Strengthening of protections for whistleblowers of unsafe working conditions in mines.
(H. B. No. 2918), Relating to permanent business registrations.
(Com. Sub. for H. B. No. 2953), Relating to dedication of coalbed methane severance tax proceeds.
(Com. Sub. for H. B. No. 2958), Allowing the West Virginia Racing Commission to use certain permit and registration fees to pay salaries and other budgeted expenses.
(Com. Sub. for H. B. No. 2959), Providing additional funds to the West Virginia Racing Commission.
(Com. Sub. for H. B. No. 2969), Requiring the disclosure of the number of stamps by brand name that have been purchased from a nonparticipating tobacco product manufacturer.
(Com. Sub. for H. B. No. 2981), Clarifying payment for trade certifications and allowing use of tuition assistance for West Virginia National Guard members enrolled in a doctor of medicine or osteopathic medicine program.
(H. B. No. 2993), Relating to the West Virginia Commercial Patents Incentives Tax Act.
(H. B. No. 3000),
Making it lawful to hunt coyotes with a green colored light.
(Com. Sub. for H. B. No. 3004), Relating to the Greater Huntington Park and Recreation District.
(Com. Sub. for H. B. No. 3021), Adding two new members to the Comprehensive Behavioral Health Commission.
(Com. Sub. for H. B. No. 3028), Expanding the responsibilities of the Maternal Mortality Review Team.
(Com. Sub. for H. B. No. 3054), Relating to DNA data collection.
(H. B. No. 3100), Permitting the sale of liquor on election day.
(H. B. No. 3119), Increasing the expenditure limit on public service district construction and purchase contracts.
And,
(H. B. No. 3137), Providing for additional circumstances giving rise to "state 'on' indicators" for purposes of extended unemployment compensation.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.

Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 29th day of March, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 177), Authorizing Department of Revenue promulgate legislative rules.
(Com. Sub. for S. B. No. 243), Relating to Neighborhood Investment Program Act.
(Com. Sub. for S. B. No. 253), Amending insurance code with respect to holding companies.
(Com. Sub. for S. B. No. 330), Relating to higher education personnel generally.
(Com. Sub. for S. B. No. 373), Requiring School Building Authority allocate and expend certain moneys for vocational programs at comprehensive middle schools.
(S. B. No. 435), Amending insurance code with respect to surplus lines insurance.
(Com. Sub. for Com. Sub. for S. B. No. 465), Creating Marcellus Gas and Manufacturing Development Act.
(Com. Sub. for S. B. No. 474), Relating to manufacturer's liability for prescription drug warning or instruction.
And,
(S. B. No. 546), Relating to municipal police and firefighter pensions.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.

Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 31st day of March, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2159), Relating to prohibiting members of the news media from being compelled to give testimony.
(Com. Sub. for H. B. No. 2362), Increasing penalties for financial exploitation of an elderly person or incapacitated adult.
(Second Enrollment Com. Sub. for H. B. No. 2525), Relating to the practice of social work.
(Second Enrollment Com. Sub. for H. B. No. 2542), Clarifying requirements and procedures for access to cemeteries and grave sites located on private land.
(Com. Sub. for H. B. No. 2562), Relating to the State Athletic Commission.
(Second Enrollment Com. Sub. for H. B. No. 2639), Authorizing miscellaneous boards and agencies to promulgate legislative rules.
(Second Enrollment Com. Sub. for H. B. No. 2663), Relating to public service commissioners presiding at hearings.
(Com. Sub. for H. B. No. 2693), Requiring insurance coverage for autism spectrum disorders.
(H. B. No. 2695), Relating to the educational broadcasting authority
.
(Com. Sub. for H. B. No. 2745), Providing that certain information provided by insurance companies to the Insurance Commissioner is confidential.
(H. B. No. 2845), Creating a senior resident lifetime hunting, fishing and trapping license that will cost $25
.
(H. B. No. 2871), Relating to brownfield economic development districts.
(Com. Sub. for H. B. No. 2876), Expanding eligibility for subsidies to enrollees in the model health plan.
(Second Enrollment Com. Sub. for H. B. No. 2955), Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators.
(Com. Sub. for H. B. No. 2986), Relating to forest fire seasons.
(Com. Sub. for H. B. No. 3105), Providing immunity from civil or criminal liability for first responders who use forced entry to a residence.
(H. B. No. 3116), Relating to the authority of school curriculum teams and local school collaborative processes.
(Com. Sub. for H. B. No. 3126), Requiring a railroad company to provide pesticide safety information.
(H. B. No. 3134), Relating to child support enforcement.
(Com. Sub. for H. B. No. 3143), Relating to penalties for causing injury or death to certain animals used by law enforcement.
(Com. Sub. for H. B. No. 3144), Creating a criminal offense and adding misdemeanor criminal penalties for picketing or disrupting funerals.
(Com. Sub. for H. B. No. 3163), Relating to workers' compensation programs of state government entities.
(Com. Sub. for H. B. No. 3185), Allowing county commissions to waive or reduce impact fees and capital improvement fees of affordable housing units in their county.
(Second Enrollment Com. Sub. for H. B. No. 3196), Establishing a program and procedure for certifying medications assistive persons in the health industry.
(Com. Sub. for H. B. No. 3202), Relating to residential rental security deposits.
(Com. Sub. for H. B. No. 3204), Creating the West Virginia Enterprise Resource Planning Board and Executive Committee.
(Com. Sub. for H. B. No. 3225), Expanding the definition of harassment, intimidation or bullying
.
And,
(H. B. No. 3271), Relating to the distribution of state funds to volunteer fire companies and departments.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.

Senator Miller, 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 4th day of April, 2011, presented to His Excellency, the Governor, for his action, the following bill, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2451), Relating to victim impact statements.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Executive Communications

Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency, the Governor, advising that on March 18, 2011, he had approved Enr. Committee Substitute for Senate Bill No. 60, Enr. Committee Substitute for Senate Bill No. 61, Enr. Committee Substitute for Senate Bill No. 234, Enr. Committee Substitute for Senate Bill No. 235, Enr. Committee Substitute for Senate Bill No. 256, Enr. Senate Bill No. 349, Enr. Senate Bill No. 358, Enr. Senate Bill No. 392, Enr. Senate Bill No. 413, Enr. Senate Bill No. 514, Enr. Committee Substitute for Senate Bill No. 582, Enr. Committee Substitute for House Bill No. 2522, Enr. Committee Substitute for House Bill No. 2586, Enr. Committee Substitute for House Bill No. 2626, Enr. House Bill No. 2648, Enr. House Bill No. 2697, Enr. Committee Substitute for House Bill No. 2750, Enr. House Bill No. 2765, Enr. House Bill No. 2935, Enr. House Bill No. 2989, Enr. House Bill No. 2990, Enr. Committee Substitute for House Bill No. 3064 and Enr. Committee Substitute for House Bill No. 3205; on March 21, 2011, he had approved Enr. Committee Substitute for Senate Bill No. 282, Enr. Senate Bill No. 486, Enr. Senate Bill No. 538, Enr. Committee Substitute for House Bill No. 2939, Enr. House Bill No. 2971 and Enr. House Bill No. 3114; on March 23, 2011, he had approved Enr. Senate Bill No. 617, Enr. Senate Bill No. 618, Enr. Senate Bill No. 619, Enr. Senate Bill No. 620 and Enr. Committee Substitute for House Bill No. 2550; on March 24, 2011, he had approved Enr. Committee Substitute for Senate Bill No. 247, Enr. Committee Substitute for House Bill No. 2013, Enr. Committee Substitute for House Bill No. 2075, Enr. Committee Substitute for House Bill No. 2248, Enr. Committee Substitute for House Bill No. 2479, Enr. Committee Substitute for House Bill No. 2498, Enr. Committee Substitute for House Bill No. 2517, Enr. House Bill No. 2763, Enr. Committee Substitute for House Bill No. 2818, Enr. Committee Substitute for House Bill No. 2860, Enr. Committee Substitute for House Bill No. 2863, Enr. Committee Substitute for House Bill No. 2864, Enr. Committee Substitute for House Bill No. 2879, Enr. Committee Substitute for House Bill No. 2885, Enr. Committee Substitute for House Bill No. 2936, Enr. Committee Substitute for House Bill No. 2949, Enr. House Bill No. 3075, Enr. Committee Substitute for House Bill No. 3094 and Enr. Committee Substitute for House Bill No. 3145; on March 29, 2011, he had approved
Second Enrollment Enr. Committee Substitute for Senate Bill No. 238; on March 30, 2011, he had approved Enr. Committee Substitute for Senate Bill No. 93, Enr. Committee Substitute for Senate Bill No. 96, Enr. Committee Substitute for Senate Bill No. 112, Second Enrollment Enr. Committee Substitute for Senate Bill No. 121, Enr. Committee Substitute for Senate Bill No. 241, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 245, Enr. Committee Substitute for Senate Bill No. 356, Enr. Senate Bill No. 366, Enr. Senate Bill No. 436, Enr. Committee Substitute for Senate Bill No. 461, Enr. Senate Bill No. 612, Enr. Committee Substitute for House Bill No. 2437, Enr. Committee Substitute for House Bill No. 2539, Enr. Committee Substitute for House Bill No. 2752, Enr. Committee Substitute for House Bill No. 2888, Enr. House Bill No. 2918, Enr. Committee Substitute for House Bill No. 2958, Enr. Committee Substitute for House Bill No. 2959, Enr. Committee Substitute for House Bill No. 2969, Enr. House Bill No. 2993, Enr. House Bill No. 3000, Enr. Committee Substitute for House Bill No. 3021, Enr. House Bill No. 3100 and Enr. House Bill No. 3137; on March 31, 2011, he had approved Enr. Senate Bill No. 35, Enr. Committee Substitute for Senate Bill No. 186, Enr. Committee Substitute for Senate Bill No. 193, Enr. Senate Bill No. 222, Enr. Senate Bill No. 285, Second Enrollment Enr. Committee Substitute for Senate Bill No. 295, Enr. Senate Bill No. 328, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 335, Enr. Committee Substitute for Senate Bill No. 357, Enr. Senate Bill No. 371, Second Enrollment Enr. Senate Bill No. 376, Enr. Senate Bill No. 428, Enr. Committee Substitute for Senate Bill No. 439, Second Enrollment Enr. Committee Substitute for Senate Bill No. 458, Enr. Committee Substitute for Senate Bill No. 495, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 560, Enr. Committee Substitute for Senate Bill No. 570, Enr. Committee Substitute for House Bill No. 2368, Second Enrollment Enr. Committee Substitute for House Bill No. 2542 and Enr. Committee Substitute for House Bill No. 2562; on April 1, 2011, he had approved Enr. Committee Substitute for Senate Bill No. 216, Enr. Committee Substitute for Senate Bill No. 228, Enr. Senate Bill No. 239, Enr. Committee Substitute for Senate Bill No. 243, Enr. Committee Substitute for Senate Bill No. 373, Enr. Senate Bill No. 375, Enr. Committee Substitute for Senate Bill No. 484, Enr. Committee Substitute for Senate Bill No. 550, Enr. Senate Bill No. 563, Enr. Committee Substitute for Senate Bill No. 592, Enr. Committee Substitute for House Bill No. 2532, Enr. Committee Substitute for House Bill No. 2693, Enr. Committee Substitute for House Bill No. 2876, Enr. Committee Substitute for House Bill No. 2981, Enr. House Bill No. 3116, Enr. House Bill No. 3134, Enr. Committee Substitute for House Bill No. 3144, Enr. Committee Substitute for House Bill No. 3202 and Enr. Committee Substitute for House Bill No. 3225; on April 4, 2011, he had approved Enr. Committee Substitute for Senate Bill No. 177, Enr. Senate Bill No. 192, Second Enrollment Enr. Committee Substitute for Senate Bill No. 263, Enr. Committee Substitute for Senate Bill No. 391, Enr. Committee Substitute for Senate Bill No. 460, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 465, Enr. Committee Substitute for Senate Bill No. 474, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 532, Enr. Senate Bill No. 581, Enr. Committee Substitute for House Bill No. 2159, Enr. Committee Substitute for House Bill No. 2362, Enr. Committee Substitute for House Bill No. 2451, Second Enrollment Enr. Committee Substitute for House Bill No. 2464, Enr. House Bill No. 2551, Second Enrollment Enr. Committee Substitute for House Bill No. 2639, Enr. House Bill No. 2695, Enr. Committee Substitute for House Bill No. 2745, Enr. House Bill No. 2845, Enr. House Bill No. 2871 and Enr. House Bill No. 3271; on April 5, 2011, he had approved Enr. Committee Substitute for Senate Bill No. 213, Second Enrollment Enr. Committee Substitute for Senate Bill No. 219, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 253, Enr. Senate Bill No. 330, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 408, Enr. Senate Bill No. 435, Enr. Committee Substitute for Senate Bill No. 472, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 488, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 492, Enr. Committee Substitute for Senate Bill No. 544, Enr. Senate Bill No. 546, Enr. Committee Substitute for House Bill No. 2505, Enr. Committee Substitute for House Bill No. 2520, Second Enrollment Enr. Committee Substitute for House Bill No. 2525, Second Enrollment Enr. Committee Substitute for House Bill No. 2663, Enr. Committee Substitute for House Bill No. 2953, Second Enrollment Enr. Committee Substitute for House Bill No. 2955, Enr. Committee Substitute for House Bill No. 2986, Enr. Committee Substitute for House Bill No. 3004, Enr. Committee Substitute for House Bill No. 3028, Enr. Committee Substitute for House Bill No. 3054, Enr. Committee Substitute for House Bill No. 3105, Enr. House Bill No. 3119, Enr. Committee Substitute for House Bill No. 3126, Enr. Committee Substitute for House Bill No. 3143, Enr. Committee Substitute for House Bill No. 3163, Enr. Committee Substitute for House Bill No. 3185, Second Enrollment Enr. Committee Substitute for House Bill No. 3196 and Enr. Committee Substitute for House Bill No. 3204.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 23, 2011
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I hereby return Enrolled Committee Substitute for House Bill No. 2012, passed March 18, 2011, approved with the following objections:
My first objection to the Bill is contained in Item 10, page 17, line 14, which states:
"Bee Research69186,894"
While the above funding may be of benefit, I am hesitant to add funding for programs when the future challenges in West Virginia's budget make it imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore I am reducing the appropriation by the amount of $10,000 to $76,894.
My second objection to the Bill is contained in Item 11, page 19, line 6, which states:
"Marlinton Flood Wall (R)7571,500,000"
The Soil Conservation Agency reports that the Army Corps of Engineers is reevaluating the budget and timeline for the Marlinton Floodwall Project. Until that data becomes available, I believe it is fiscally prudent to reduce the appropriation by the amount of $750,000 to $750,000.
My third objection to the Bill is contained in Item 36, page 30, line 7, which states:
"Unclassified099
4,061,758"

The above appropriation has been increased by $2,250,000, of which $750,000 was appropriated for TechConnect. While efforts to spur technology development and commercialization across West Virginia are a worthy goal, I am hesitant to add such a large amount of funding for a new program. Therefore, I am reducing the appropriation by the amount of $500,000 to $3,561,758.
My fourth objection to the Bill is contained in Item 36, page 31, line 23, which states:
"Chemical Alliance Zone390
100,000"

While this program may be determined to be of benefit, I am hesitant to add additional funding for a program at a time when the future challenges in West Virginia's budget make it imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $54,400 to $45,600 to maintain the FY 2011 funding level.
My fifth objection to the Bill is contained in Item 36, page 31, lines 37 and 38, which states:
"Local Economic Development
Assistance (R)819
7,677,000"

The above appropriation has several years of reappropriated funding (unspent funds) available that I believe to be adequate to fulfill the needs of the program. Therefore, I am reducing the appropriation by the amount of $3,777,000 to $3,900,000.
My sixth objection to the Bill is contained in Item 36, page 31, line 39, which states:
"I-79 Development Council824
65,050"

The appropriation has been increased by 174% over the FY 2011 level of funding. A cautious and prudent approach must be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $15,000 to $50,050, which should provide an adequate level of funding for FY 2012.
My seventh objection to the Bill is contained in Item 36, page 32, lines 75 through 78, which states:
"From the above appropriation for Unclassified (fund 0256, activity 099) $750,000 is for TechConnect; $250,000 is for Tamarack Foundation; $1,250,000 is to be transferred to Development Office Promotion Fund (Fund 3171)."
Having reduced the appropriation for Unclassified in objection three above, I am therefore reducing the amount in the language on page 32 in line 76 for TechConnect from $750,000 to $250,000.
My eighth objection to the Bill is contained in Item 38, page 33, lines 1, 2 and 4, which states:
"Personal Services001$200,000
Employee Benefits010100,000
BRIM Premium9131,500"

The above appropriations provide funding to expand the Department of Commerce, Division of Labor by adding a new program. I applaud the Legislature for focusing on the safety and health of public employees in the workplace. However, being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid over funding new programs. In order to adequately prepare for the implementation of a new program in state government, I am reducing the appropriation for Personal Services in the amount of $200,000, Employee Benefits in the amount of $100,000, and BRIM Premium in the amount of $1,500 leaving $98,500 of new monies for program start-up funds in the Unclassified.
My ninth objection to the Bill is contained in Item 48, page 38, line 45, which states:
"Educational Program Allowance996
350,000"

Being aware of the uncertainty of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $100,000 to $250,000.
My tenth objection to the Bill is contained in Item 48, page 39, lines 63 through 68, which states:
"From the above appropriation for Educational Program Allowance (activity 996), $100,000 shall be expended for Webster County Board of Education for Hacker Valley; $150,000 for the Randolph County Board of Education for Pickens School and $100,000 for the Preston County Board of Education for Aurora School."
Having reduced the appropriation for Educational Program Allowance in objection nine above, I am deleting the corresponding language in its entirety contained on page 39, lines 67 and 68 starting with, "and $100,000 for the Preston County Board of Education for Aurora School".
My eleventh objection to the Bill is contained in Item 48, page 40, lines 79 through 81, which states:
"The above appropriation for Math and Science Teacher Loan Assistance Program shall be transferred to the Math and Science Teacher Loan Assistance Fund."
The above language references an appropriation that is not under Item 48. Therefore, I am deleting this language in its entirety, lines 79 through 81, for technical reasons.
My twelfth objection to the Bill is contained in Item 50, page 41, line 9, which states:
"Improved Instructional Programs156
44,369,840"

The above line-item contains funding that the School Aid Formula does not need to fulfill statutory requirements. Therefore, I am reducing the appropriation by the amount of $5,841,043 to $38,528,797.
My thirteenth objection to the Bill is contained in Item 50, page 41, lines 22 through 25, which states:
"Included in the above appropriation for Administration (fund 0317, activity 155) is an additional $500,000 to be used to improve the current school nurse-to-student ratio in a manner to be determined by the State Board of Education."
The above language references an appropriation for Administration, activity 155, which is funded at $0. Therefore, I am deleting this language in its entirety, lines 22 through 25, for technical reasons.
My fourteenth objection to the Bill is contained in Item 54, page 43, line 4, which states:
"National Youth Science Camp132
350,000"

Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid dedicating additional funding for existing programs. Therefore, I am reducing the appropriation by the amount of $60,000 to $290,000, which is still a $100,000 increase over the FY 2011 funding level.
My fifteenth objection to the Bill is contained in Item 63, page 50, line 20, which states:
"Center for End of Life545
500,000"

The above appropriation was increased by 100% above the FY 2011 level. Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $250,000 to $250,000 to maintain the FY 2011 level of funding.
My sixteenth objection to the Bill is contained in Item 63, page 52, lines 70 through 72, which states:
"From the above appropriation for Unclassified (fund 0407, activity 099) $30,000 is for the Center for Rural Health Development."
Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid dedicating funding for new programs. Therefore, I am deleting the language in its entirety, page 52, lines 70 through 72.
My seventeenth objection to the Bill is contained in Item 64, page 53, line 6 and line 7, which states:
"Behavioral Health Program -
Unclassified (R)219
62,937,972"

At the request of the Hartley court monitor, West Virginia is finishing work on a Statewide Substance Abuse System Strategic Plan, which is due to the court monitor on October 1, 2011. The plan, which has been more than a year in its formation, is being developed with technical assistance from the federal Substance Abuse Mental Health Services Administration. It is being formulated with input from more than 350 stakeholders including providers, consumers, and advocates. While I do not deny the need for more funding for substance abuse, it would be a better use of limited State dollars to wait until completion of the State's strategic plan and its approval by the federal government and the court system. Therefore, I am reducing the appropriation by the amount of $500,000 to $62,437,972.
My eighteenth objection to the Bill is contained in Item 64, page 54, lines 29 through 33, which states:
"Included in the above appropriation for Behavioral Health Program - Unclassified (fund 0525, activity 219) is $100,000 for the Four Angels Substance Abuse Treatment Project development and $500,000 for West Virginia Partnership To Promote Community Well- Being."
Having reduced the appropriation for Behavioral Health Program - Unclassified in objection seventeen above, I am, therefore, deleting the language on page 54, lines 32 and 33, "and $500,000 for West Virginia Partnership To Promote Community Well-Being."
My nineteenth objection to the Bill is contained in Item 67, page 56, line 4, which states:
"Unclassified099
15,552,857"

Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $100,000 to $15,452,857.
My twentieth objection to the Bill is contained in Item 67, page 58, lines 89 through 93, which states:
"From the above appropriation for Unclassified (fund 0403, activity 099) $200,000 is provided for a one-time pilot program for at-risk youth. The funds are to be administered as a reimbursement grant and may only be drawn down on a one-to-one matching basis."
Having reduced the appropriation for Unclassified in objection nineteen above, I am reducing the amount in the language on page 58, line 90 from $200,000 to $100,000.
My twenty-first objection to the Bill is contained in Item 83, page 69, line 4, which states:
"Unclassified (R)099
8,099,623"

This appropriation has been increased over the FY 2011 level of funding. A cautious and prudent approach must be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $30,000 to $8,069,623.
My twenty-second objection to the Bill is contained in Item 84, page 70, line 2, which states:
"Pay Equity Reserve364
600,000"

This appropriation has been increased over the FY 2011 level of funding by 140%. A cautious and prudent approach must be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $100,000 to $500,000 which will still double the funding available for the program.
My twenty-third objection to the Bill is contained in Item 96, page 78, line 16, which states:
"Glenville State College428
7,197,804"

Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $100,000 to $7,097,804.
My twenty-fourth objection to the Bill is contained in Item 96, page 78, line 23, which states:
"West Virginia University459
116,372,285"

Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $100,000 to $116,272,285.
My twenty-fifth objection to the Bill is contained in Item 96, page 80, lines 67 through 72, which states:
"Included in the above appropriation for Glenville State College is $350,000 for a 20 county "Hidden Promise" consortium between the County School Systems and Glenville State College; $200,000 for courses offered in conjunction with the corrections academy; and $50,000 to upgrade the security system at the corrections academy."
Having reduced the appropriation for Glenville State College in objection twenty-three above, I am reducing the amounts in the language on page 80, line 68 from $350,000 to $300,000 and on lines 71 and 72 deleting the words, "; and $50,000 to upgrade the security system at the corrections academy."
My twenty-sixth objection to the Bill is contained in Item 96, pages 80 and 81, lines 73 through 97, which states:
"Included in the above appropriation for West Virginia University is $34,500 for the Marshall and WVU Faculty and Course Development International Study Project; $246,429 for the WVU Law School - Skills Program; $300,000 for the WVU Coal and Energy Research Bureau to be expended in consultation with the Board of Coal Mine Health and Safety, the Mine Safety Technology Task Force, and the DEP Advisory Council; $19,714 for the WVU College of Engineering and Mineral Resources - Diesel Training - Transfer; $82,500 for the WVU - Sheep Study; $500,000 for the Mining Engineering Program; $500,000 for the Center for Multiple Sclerosis Program; $550,000 for the Davis College of Forestry Agriculture and Consumer Sciences of which $112,500 is to be used for Morgantown Farms; $112,500 is to be used for Raymond Memorial Farm; $112,500 is to be used for Reedsville Farm; $112,500 is to be used for Kerneysville Farm; $200,000 for Reedsville Arena and Jackson's Mill Arena; $80,000 for a Landscape Architect at Davis College of Forestry Agriculture and Consumer Sciences; $100,000 for the WVU - Soil Testing Program; $100,000 for a veterinarian; $50,000 for the WVU Cancer Study; $220,000 for the WVU Petroleum Engineering Program; $150,000 for the WV Alzheimer Disease Register; $100,000 is for the Aquaculture Program; and $100,000 for the rifle team."
Having reduced the appropriation for West Virginia University in objection twenty-four above, I am deleting the language on page 81, line 96, by removing the words, "$100,000 is for the Aquaculture Program;".
My twenty-seventh objection to the Bill is contained in Item 266, page 147, line 8, which states:
"Governor's Honor Academy478
489,358"

Because of decreasing lottery revenues, I am hesitant to provide significant increases in appropriations to items that receive lottery funding. Therefore, I am reducing the appropriation by the amount of $89,358 to $400,000.
My twenty-eighth objection to the Bill is contained in Item 266, page 147, line 9, which states:
"Literacy Project899
425,000"

Because of decreasing lottery revenues, I am hesitant to provide significant increases in appropriations to items that receive lottery funding. Therefore, I am reducing the appropriation by the amount of $75,000 to $350,000 to maintain the FY 2011 level of funding.
My twenty-ninth objection to the Bill is contained in Item 267, page 147, lines 16 and 17, which states:
"Grants for Competitive Arts
Program (R)624
1,250,000"

Because of decreasing lottery revenues, I am hesitant to provide significant increases in appropriations to items that receive lottery funding. While there may be a higher demand for these grants, it is imperative to be cautious when expanding program funding. I believe the FY 2012 recommendation was sufficient for the operations of this program. Therefore, I am reducing the above appropriation by the amount of $228,750 to $1,021,250 to maintain funding at the FY 2011 level.
My thirtieth objection to the Bill is contained in Item 277, pages 164 and 165, lines 2 through 5, which states:
"The above appropriation for Unclassified - Total - Transfer (activity 402) shall be transferred to the West Virginia Infrastructure Fund (fund 3384, org 0316) created by W.Va. Code §31-15A-9."
This language does not correspond with new legislation passed in the 2011 Regular Session, Senate Bill 245, therefore I am deleting the language in its entirety, lines 2 through 5.
My thirty-first objection to the Bill is contained in Item 280, page 165, lines 4 through 7, which states:
"The above appropriation for Unclassified - Transfer (fund 7308, activity 482) shall be transferred to the Unredeemed Pari- Mutuel Tickets Fund (fund 7301, org 0707) in support of W.Va. Code §19-23-13."
This language references an appropriation that is no longer under Item 280. Therefore I am deleting the language in its entirety, lines 4 through 7, for technical reasons.
My thirty-second objection to the Bill is contained in Item 367, page 191, lines 2 through 5, which states:
"The above appropriation for Unclassified - Surplus - Total (fund 0273, activity 097) shall be transferred to the Underground Storage Tank Insurance Fund (fund 3218, org 0313)."
The language above, "Unclassified - Surplus - Total", does not match the appropriation name. Therefore I am deleting the "- Total" on line 2 for technical reasons.
My thirty-third objection to the Bill is contained in Item 368, page 191, which states:
"368-Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)

Fund 0443 FY 2012 Org 0606

Unclassified - Surplus 097
5,000,000

The above appropriation for Unclassified - Surplus (fund 0443, activity 097) shall be used to match federal funds for the purpose of relocating the Division of Homeland Security and Emergency Management."
This is a new appropriation for FY 2012 that has not been fully vetted to determine its need and true benefit. Therefore, I am deleting Item 368 in its entirety.
My thirty-fourth objection to the Bill is contained in Item 378, page 194, lines 1 and 2, which states:
"Agricultural Disaster and Mitigation
Needs - Surplus850
500,000"

This is a new appropriation for FY 2012 that has not been fully vetted to determine its need and true benefit. Therefore, I am reducing the appropriation by the amount of $250,000 to $250,000.
For the reasons stated herein, I have approved, subject to the above objections, Enrolled Committee Substitute for House Bill No. 2012.
Sincerely,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Richard Thompson

The Honorable Jeffrey V. Kessler
Veto Messages

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 21, 2011
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. 2438.
Enrolled Committee Substitute for House Bill No. 2438, among other things, revises the minimum requirements applicable to electronic voting systems that may be purchased, leased or used by county commissions. Unfortunately, the Bill's revision of subsection (11) of section nine, article four-a, chapter three of the Code of West Virginia, 1931, as amended (the "Code"), erroneously deleted certain existing statutory language. As a result of the error, subsection (11) of section nine, article four- a, chapter three of the Bill is ambiguous as to its intended meaning and does not establish a clear and cogent minimum requirement for electronic voting systems. Accordingly, I must veto Enrolled Committee Substitute for House Bill No. 2438.
While I have vetoed the Bill based on the referenced flaw, I encourage the Legislature to reconsider this matter and return it to my desk for approval.
Very truly yours,
Earl Ray Tomblin,
Governor.
cc:
The Honorable Richard Thompson

The Honorable Jeffrey V. Kessler


STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 23, 2011

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. 608.
I must object to this Bill because the proposed amendment to W. Va. Code §17D-2-2 is unconstitutional. Specifically, the amendment provides that an auto insurer domiciled in the State of West Virginia shall pay no more than $10 for each abstract, including any administrative fee arising from the transaction, but allows higher amounts to be charged to out-of-state insurers. This language is facially discriminatory and thus violates the dormant commerce clause of the Constitution of the United States. The Bill's provision, under established jurisprudence, is unconstitutional because the state cannot justify the discrimination as serving a compelling state purpose in a least restrictive way.
Unfortunately, because the Bill contains an unconstitutional provision in W. Va. Code §17D-2-2, I must veto Enrolled Senate Bill No. 608.
Even beyond the unconstitutional provisions of this legislation, I am concerned about the timing and amount of the proposed fee increases contemplated in Enrolled Senate Bill No. 608. Our people are hurting and our unemployment rates are still too high. Although we are seeing economic growth, we are coming out of one of the worst recessions in the history of our country.
I am committed to improving the quality of roads in our State. I will be working with our legislative leaders to come up with a plan to address the conditions of our roads.
In vetoing this legislation, I also am comforted by the fact that our economic recovery - to date - has improved the fiscal condition of our State Road Fund. In fact, total year-to-date State collections are $32 million higher than last year. Under current law, Motor Vehicle Sales Tax receipts have increased more than 20% due to higher vehicle sales this year. A growing economy has also contributed to a 3.5% rise in Motor Fuel Tax collections and a 4.6% rise in license and registration fees. This additional money - coming in under current law - will provide significant benefits and offset the need for a fee increase at this time.
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

March 24, 2011
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 House Bill No. 2345.
Enrolled House Bill No. 2345 relates to the composition and appointment of the Public Employees Insurance Agency Finance Board. Subdivision (7), subsection (a), section four, article sixteen, chapter five of the Bill provides that the Governor shall appoint five members of the Board from the public at large. In subsection (d) of the same section, however, the Bill requires that "[t]he three members appointed from the public shall each have experience in the financing, development or management of employee benefit programs." As written, the provisions of subdivision (7), subsection (a) are inconsistent with the provisions of subsection (d) as they relate to the number of members of the Board who are appointed by the Governor from the public at large.
Unfortunately, because the Bill contains the referenced internal inconsistency, I must veto Enrolled House Bill No. 2345.
Additionally, the Bill expands the total number of members of the Board from nine to eleven. Nevertheless, subsection (e), section four, article sixteen, chapter five of the Bill provides that no more than five members of the Board may be of the same political party. Because the Bill provides that the Board consist of eleven members, if the Legislature were to reconsider this legislation in the future, it should consider increasing the maximum number of Board members that may be from the same political party to six.
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 Stollings, 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 Acting President. Senator Stollings then reported this mission accomplished.
Thereupon,
On motion of Senator Unger, the Senate adjourned sine die.
__________

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