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Senate Journal


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sdj-105th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

EXTENDED SESSION, 2009

ONE HUNDRED FIFTH DAY

____________

Charleston, W. Va., Tuesday, May 26, 2009

     Pursuant to the adjournment of April 12, 2009, under authority of
     Senate Concurrent Resolution No. 83, Providing for adjournment of Legislature until May 26, 2009.
     The Senate reassembled in extended session in its chamber in the state capitol in the City of Charleston, at 12 o'clock Noon, and was called to order by its President, the Honorable Earl Ray Tomblin.
     Prayer was offered by the Honorable Mike Hall, a senator from the fourth district.
     Pending the reading of the Journal of Sunday, April 12, 2009,
     On motion of Senator Jenkins, the Journal was approved and the further reading thereof dispensed with.
     The Clerk presented a communication from the Commission on Uniform State Laws, submitting its annual report, in accordance with chapter twenty-nine, article one-a, section four of the code of West Virginia.
     Which report was received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Office of the Insurance Commissioner, submitting its annual AccessWV report as required by chapter thirty-three, article forty- eight, section two of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the fourth order of business.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 15th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 552), Relating to affordable health insurance plan proposals.
     (S. B. No. 771), Making supplemental appropriation of federal funds to various accounts.
     (S. B. No. 772), Making supplemental appropriation to various accounts.
      And,
     (S. B. No. 773), Making supplemental appropriation to Department of Agriculture, Land Protection Authority.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 16th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 259), Clarifying certain terminology within Courthouse Facilities Improvement Authority.
     (Com. Sub. for S. B. No. 284), Relating to Viatical Settlements Act.
     (S. B. No. 473), Clarifying civil service job posting provisions.
     (S. B. No. 487), Relating to Division of Personnel Director's qualifications.
     (Com. Sub. for S. B. No. 526), Relating to osteopathy post-doctoral training requirements.
     (S. B. No. 572), Repealing section creating Public Employee Leave Benefit Analysis Board.
     (S. B. No. 587), Repealing section creating State Personnel Advisory Council.
     (S. B. No. 588), Repealing section creating Public Insurance Agency Advisory Board.
     (H. B. No. 2404), Relating to inmate reimbursement for medical services provided to persons held in regional jails.
     (Com. Sub. for H. B. No. 2738), Registering protective orders with the West Virginia Supreme Court of Appeals.
     (Com. Sub. for H. B. No. 2757), Relating to financial audits of insurers.
     (Com. Sub. for H. B. No. 3082), Relating to the gathering and reporting of foreclosure data and statistics.
     And,
     (H. B. No. 3229), Relating to creation of the Science and Research Council.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 20th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 261), Mandating party executive committees submit certain nominees 70 days before election.
     (Com. Sub. for S. B. No. 384), Authorizing Department of Transportation take control of certain highway emergencies.
     (S. B. No. 431), Providing in-state medical providers notice of small group health benefit plan.
     (Com. Sub. for S. B. No. 489), Allowing Board of Banking and Financial Institutions receive travel expense compensation.
     (S. B. No. 719), Allowing certain police officers keep weapon after retirement.
      And,
     (S. B. No. 760), Authorizing Supreme Court to develop pilot pre-trial release programs.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 21st day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2170), Authorizing the Department of Commerce to promulgate legislative rules.
     (Com. Sub. for H. B. No. 2418), Relating to exempting certain records of the Division of Corrections and Regional Jail Authority from the Freedom of Information Act that, if released, could aid inmates in committing unlawful acts.
     (Com. Sub. for H. B. No. 2419), Providing inmates a reduction in sentence for completion of education and rehabilitation programs.
     (Com. Sub. for H. B. No. 2421), Requires that inoperable fire hydrants be painted black and be reported to emergency dispatch centers.
     (Com. Sub. for H. B. No. 2423), Relating to the Board of Medical Imaging and Radiation Therapy Technology.
     (Com. Sub. for H. B. No. 2464), Authorizing county commissions to designate locations for early voting other than the county courthouse or annex.
     (Com. Sub. for H. B. No. 2504), Establishing the Silver Alert Plan, an alert system for missing cognitively impaired persons.
     (Com. Sub. for H. B. No. 2530), Relating to further defining professional student support personnel.
     (Com. Sub. for H. B. No. 2532), Creating licensure for Marriage and Family Therapists.
     (H. B. No. 2541), Including poultry among those domesticated farm animals or stock which the owner shall be liable for damages caused by those animals.
     (Com. Sub. for H. B. No. 2567), Relating to filing agency rules with the Secretary of State under the Administrative Procedures Act.
     And,
     (Com. Sub. for H. B. No. 2685), Amending the Uniform Principal and Income Act.
               
               Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of April, 2009, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2870), Extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System
.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 27th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 12), Allowing 2-year motorcycle registration period.
     (Com. Sub. for S. B. No. 153), Authorizing Department of Environmental Protection promulgate legislative rules.
     (Com. Sub. for S. B. No. 370), Relating to community corrections program fees.
     (Com. Sub. for S. B. No. 405), Relating to grandparents' visitation.
     (S. B. No. 424), Converting financial institution to state-chartered bank.
     (S. B. No. 476), Relating to "financial institution" definition.
     (S. B. No. 493), Transferring central registry for head injuries to Center for Excellence in Disabilities.
     (S. B. No. 503), Defining "sound financial condition".
     (Com. Sub. for S. B. No. 612), Relating to willful nonpayment of child support.
      And,
     (S. B. No. 764), Providing race election results certification procedure.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 28th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2222), Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
     (Com. Sub. for H. B. No. 2407), Relating to trustee accounts and funds, earnings and personal property of inmates.
     (Com. Sub. for H. B. No. 2569), Creating the Juvenile Services Reimbursement Offender Fund.
     (H. B. No. 2651), Repealing article regulating male breeding animals.
     (Com. Sub. for H. B. No. 2684), West Virginia Drug Offender Accountability and Treatment Act.
     (H. B. No. 2734), Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System.
     (Com. Sub. for H. B. No. 2742), Repealing outdated provisions from the WV Code relating to vinegars.
     (Com. Sub. for H. B. No. 2753), Relating to the continuation of the Design-Build Program.
     (Com. Sub. for H. B. No. 2839), Relating to the management of pain by physicians.
     (H. B. No. 2950), Creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods.
     (H. B. No. 2952), Clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act.
     And,
     (Com. Sub. for H. B. No. 3196), Declaring certain claims against the state and its agencies to be moral obligations of the state.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 29th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2694), Establishing certain requirements for modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces.
     (Com. Sub. for H. B. No. 2719), Relating to the sale and distribution of craft beer.
     (Com. Sub. for H. B. No. 2739), Enhancing the service and enforcement of domestic violence protective orders issued by state courts.
     (Com. Sub. for H. B. No. 2819), Authorizing miscellaneous agencies and boards to promulgate legislative rules.
     (Com. Sub. for H. B. No. 2863), Relating to construction of state utility projects.
     (Com. Sub. for H. B. No. 3036), Relating to notice and publication requirements for expungement petitions.
     (Com. Sub. for H. B. No. 3134), Municipal vote by mail pilot program.
     (Com. Sub. for H. B. No. 3194), Making it a misdemeanor to knowingly file false information with the Secretary of State.
     (Com. Sub. for H. B. No. 3288), Relating to mental health parity.
     (Com. Sub. for H. B. No. 3305), Relating to the powers and duties of probation officers.
     (Com. Sub. for H. B. No. 3313), Allowing depositories and banks to meet the security requirement necessary to be a depository for boards of education by providing a letter of credit from a federal home loan bank.
     And,
     (H. B. No. 3340), Relating to entry into a data state compact among the Higher Education Policy Commission, Council for Community and Technical College Education and State Board of Education.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 30th day of April, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2335), Relating to the federal "Yellow Ribbon G. I. Education Enhancement Program".
     (Com. Sub. for H. B. No. 2360), Insuring that tobacco products are not sold in any packaging other than the original.
     (Com. Sub. for H. B. No. 2401), Providing for the expiration of the alternative minimum tax.
     (H. B. No. 2536), Adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere or tamper with.
     (H. B. No. 2539), Authorizing professional licensing boards to combine administrative staff functions.
     (Com. Sub. for H. B. No. 2557), Relating to the enforcement of new motor vehicle warranties.
     (Com. Sub. for H. B. No. 2566), Expanding applicability of increased penalties for crimes against certain protected persons.
     (Com. Sub. for H. B. No. 2660), Expanding the definition of limited health care service.
     (Com. Sub. for H. B. No. 2690), Updating language pertaining to indemnity for the death of diseased or infected animals.
     (Com. Sub. for H. B. No. 2737), Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers.
     (Com. Sub. for H. B. No. 2771), Relating to the West Virginia Alcohol and Drug-Free Workplace Act.
     (H. B. No. 2841), Extending the time for the city council of Richwood to meet as a levying body.
     And,
     (Com. Sub. for H. B. No. 2860), Regulating the sequestration and storage of carbon dioxide.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 1st day of May, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for Com. Sub. for S. B. No. 398), Imposing certain restrictions on graduated driver's licenses.
     (Com. Sub. for Com. Sub. for S. B. No. 414), Relating to Pharmaceutical Cost Management Council and health care delivery systems.
     (Com. Sub. for S. B. No. 484), Relating to ad valorem property taxes.
     (Com. Sub. for S. B. No. 501), Prohibiting animal gas chamber euthanasia.
     (S. B. No. 515), Creating Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
     (Com. Sub. for S. B. No. 533), Updating terms in consumers sales and service tax.
     (Com. Sub. for S. B. No. 537), Relating to workers' compensation.
     (Com. Sub. for S. B. No. 540), Clarifying certain Tax Commissioner's authorities.
     (Com. Sub. for Com. Sub. for S. B. No. 575), Relating to gaming operations at historic resort hotel.
     (Com. Sub. for S. B. No. 600), Relating to coal reclamation tax.
     (S. B. No. 610), Relating to Film Industry Investment Act.
     (Com. Sub. for S. B. No. 613), Clarifying coalbed methane notice requirements.
     (Com. Sub. for S. B. No. 631), Relating to certain insurance policy cancellation.
     (Com. Sub. for S. B. No. 672), Creating Mental Health Stabilization Act of 2009.
     (Com. Sub. for S. B. No. 694), Creating intrastate mutual aid system.
     (Com. Sub. for S. B. No. 706), Creating State Police leave donation program.
     (Com. Sub. for S. B. No. 715), Establishing Chesapeake Bay Restoration Initiative.
      And,
     (S. B. No. 767), Relating to certain Medicaid program contracts.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 4th day of May, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2869), Lengthening the time frame for the filing of post-primary and post general campaign financial statements.

     (H. B. No. 2913), Relating to the Statewide Independent Living Council.
     (Com. Sub. for H. B. No. 2916), Relating to the Emergency Medical Services Act.
     (Com. Sub. for H. B. No. 2999), Relating to the Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use tax.
     (H. B. No. 3011), Repealing the section of code relating to limitation on political activity of officers or employees in the administration of the Vocational Rehabilitation Program.
     (Com. Sub. for H. B. No. 3017), Exempting from the consumers sales and service tax and use tax any sales of donated clothing or clothing accessories.
     (Com. Sub. for H. B. No. 3063), Relating to hunting, tagging and reporting bear.
     (H. B. No. 3155), Relating to the renewal of the West Virginia Small Business Linked Deposit Program.
     (Com. Sub. for H. B. No. 3240), Giving the Commissioner of Motor Vehicles authority to approve all-terrain vehicle rider safety awareness courses.
     (H. B. No. 3295), Relating to the West Virginia State Treasurer's Office.
     And,
     (Com. Sub. for H. B. No. 3336), Continuing early intervention services to families with developmentally delayed infants and toddlers but eliminating the cost-free provision.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 5th day of May, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 195), Authorizing Department of Health and Human Resources promulgate legislative rules.
     (Com. Sub. for S. B. No. 227), Authorizing Department of Revenue promulgate legislative rules.
     (Com. Sub. for S. B. No. 243), Relating to issuing general obligation bonds.
     (Com. Sub. for S. B. No. 244), Relating to public employees' reemployment after retirement.
     (Com. Sub. for S. B. No. 258), Clarifying local fiscal bodies cannot be held liable for certain deficits.
     (S. B. No. 262), Removing prohibition against using county's General Revenue Fund for historic preservation.
     (S. B. No. 335), Authorizing Division of Culture and History distribute fairs and festivals' funding.
     (S. B. No. 338), Creating additional seventeenth judicial circuit court judge.
     (Com. Sub. for Com. Sub. for S. B. No. 404), Creating sesquicentennial commission and fund.
     (Com. Sub. for S. B. No. 408), Relating to model health plan for uninsurable individuals.
     (S. B. No. 425), Disclosing certain refinanced loan's higher annual percentage rate.
     (S. B. No. 434), Relating to long-term care policy insurance agents.
     (S. B. No. 468), Requiring redemption property purchaser pay in certified funds.
     (S. B. No. 490), Authorizing Mercer County Commission appoint emergency operations center board.
     (S. B. No. 495), Authorizing Insurance Commissioner permit certain groups life insurance policies.
     (Com. Sub. for Com. Sub. for S. B. No. 532), Creating WV SAFE Mortgage Licensing Act.
     (Com. Sub. for H. B. No. 2968), Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems.
     (H. B. No. 2981), Relating to primary elections and nominating procedures of third-party candidates.
     (H. B. No. 3047), Clarifying that the Director of the Public Employees Insurance Agency is authorized to enter into capitated provider arrangements for provision of primary health care services.
     (Com. Sub. for H. B. No. 3074), Allowing the Secretary of State to notify people with delinquent taxes by certified mail.
     (Com. Sub. for H. B. No. 3120), Increasing the WV Prosecuting Attorneys Institute's executive council's elected members from five to seven and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings.
     (H. B. No. 3170), Relating to WV Guardianship and Conservatorship Act.
     (Com. Sub. for H. B. No. 3195), Establishing a funding mechanism for state aid for local health departments.
     (H. B. No. 3197), Authorizing municipalities to permit nonpolice officers to issue citations for littering.
     (Com. Sub. for H. B. No. 3314), Relating to concealed handgun licensing.
     And,
     (Com. Sub. for H. B. No. 3339), Facilitating the complete closure of the Gwinn, otherwise known as the Midwest Services Landfill, located in Summers County.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 6th day of May, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 99), Sentencing discretion for certain youthful offenders.
     (Com. Sub. for S. B. No. 172), Authorizing Department of Administration promulgate legislative rules.
     (Com. Sub. for Com. Sub. for S. B. No. 239), Allowing majority vote for certain metro government approval.
     (Com. Sub. for S. B. No. 246), Relating to unemployment compensation generally.
     (Com. Sub. for S. B. No. 278), Creating felony offense of willful failure to provide certain drug benefits.
     (S. B. No. 306), Increasing pipeline companies' special license fees to Public Service Commission.
     (S. B. No. 344), Authorizing mental hygiene commissioners sign readmission orders.
     (Com. Sub. for S. B. No. 451), Relating to crime victims' compensation awards.
     (S. B. No. 494), Authorizing Insurance Commissioner order restitution in certain cases.
     (S. B. No. 507), Relating to Clean Coal Technology Council's powers and duties.
     (S. B. No. 594), Requiring monthly fund installments to Courtesy Patrol.
     (S. B. No. 595), Relating to assignment of child support obligations.
     (S. B. No. 632), Requiring insurers share certain information with Bureau for Medical Services.
     (S. B. No. 636), Finding and declaring certain claims against state.
     (Com. Sub. for S. B. No. 641), Disclosing solid waste origins at commercial landfills.
     (S. B. No. 669), Extending Preventative Care Pilot Program.
     (Com. Sub. for S. B. No. 687), Relating to Comprehensive Behavioral Health Commission.
     (Com. Sub. for S. B. No. 695), Relating to payment for certain state employees' unused sick leave.
     (Com. Sub. for H. B. No. 2218), Authorizing the Department of Transportation to promulgate legislative rules.
     (Com. Sub. for H. B. No. 2309), Updating the law governing the practice of occupational therapy.
     (Com. Sub. for H. B. No. 2528), Updating the regulation of the practice of forestry.
     (Com. Sub. for H. B. No. 2531), Updating the regulation of the practice of barbers and cosmetologists.
     (Com. Sub. for H. B. No. 2695), Providing criminal penalties for a hunter who fails to render aid to a person the hunter shoots while hunting.
     (Com. Sub. for H. B. No. 2701), Relating to an escape of any person from the custody of the Division of Juvenile Services.
     (Com. Sub. for H. B. No. 2788), Protecting incapacitated adults from abuse or neglect by a caregiver.
     (H. B. No. 2801), Updating language and making technical changes and clarifications of the West Virginia Board of Medicine.
     ( H. B. No. 2884), Long-Term Care Partnership Program.
     (Com. Sub. for H. B. No. 2885), Establishing a uniform credentialing form and creating a single credentialing verification organization (CVO).
     ( H. B. No. 2920), Eliminating the felony conviction for a second or subsequent conviction of petit larceny.
     (Com. Sub. for H. B. No. 2926), Establishing a procedure for challenging a candidate's qualifications for elected office.
     (
H. B. No. 2931), Removing a severance tax on timber for tax years 2010 through 2013.
     (Com. Sub. for H. B. No. 2958), Increasing the fines for a trespassing conviction pursuant to certain circumstances.
     (Com. Sub. for H. B. No. 2976), Requiring the State Fire Commission to promulgate rules pertaining to the State Building Code.
     And,
     (Com. Sub. for H. B. No. 3146), Relating to seniority rights for school service personnel.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 7th day of May, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 256), Providing additional requirements for certain property annexation.
     (Com. Sub. for Com. Sub. for S. B. No. 279), Relating to industrial accidents and emergency response regulations.
     (Com. Sub. for S. B. No. 293), Creating felony offense of unauthorized practice of certain health care professions.
     (Com. Sub. for S. B. No. 318), Expanding Division of Protective Services' law-enforcement authority over state property under certain circumstances.
     (S. B. No. 322), Exempting certain life insurance policies from Medicaid assignment.
     (Com. Sub. for S. B. No. 339), Exempting certain licensed medical professionals from county hiring prohibition.
     (S. B. No. 347), Correcting code reference related to extended supervision for certain sex offenders.
     (Com. Sub. for Com. Sub. for S. B. No. 373), Relating to PROMISE Scholarship.
     (Com. Sub. for S. B. No. 382), Adjusting State Rail Authority's contract authority.
     (Com. Sub. for S. B. No. 440), Increasing county litter control officers' authority.
     (S. B. No. 445), Removing conservation supervisors' election certification requirements.
     (Com. Sub. for S. B. No. 456), Creating Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act.
     (Com. Sub. for S. B. No. 461), Extending selenium effluent limits compliance time.
     (S. B. No. 464), Authorizing Public Employees Insurance Agency charge fee for paper transactions.
     (Com. Sub. for Com. Sub. for S. B. No. 470), Regulating all-terrain vehicles on Hatfield-McCoy Trail.
     (S. B. No. 481), Requiring employers provide certain documentation to Public Employees Insurance Agency.
     (S. B. No. 492), Clarifying certain Public Employees Insurance Agency retirement requirements.
     (S. B. No. 556), Relating to defensive driving course points deduction.
      And,
     (S. B. No. 761), Relating to illegal entries upon certain property.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 8th day of May, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 280), Creating Correctional Industries Act of 2009.
     (Com. Sub. for S. B. No. 326), Mandating certain dental anesthesia insurance coverage.
     (Com. Sub. for S. B. No. 472), Revising certain outdoor advertising restrictions.
     (Com. Sub. for Com. Sub. for S. B. No. 498), Relating to early childhood education.
     (S. B. No. 521), Including telecommunications devices as jail contraband.
     (S. B. No. 528), Depositing certain fees in counties' general funds.
     (Com. Sub. for Com. Sub. for S. B. No. 724), Relating to health care provider tax.
     (S. B. No. 756), Increasing military facilities security guards' patrol areas.
     (Com. Sub. for H. B. No. 2535), Creating a tax credit for certain solar energy systems.
     (Com. Sub. for H. B. No. 2723), Authorizing liens by municipalities and requiring administrative procedures for the assessment and collection of delinquent municipal fees.
     (Com. Sub. for H. B. No. 2877), Increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol.
     (Com. Sub. for H. B. No. 3146), Relating to seniority rights for school service personnel.
     (Com. Sub. for H. B. No. 3208), Including the hours of training county board members have acquired.
     And,
     (Com. Sub. for H. B. No. 3278), Relating to the life and health insurance guaranty association.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 12th day of May, 2009, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 2968), Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Without objection, the Senate returned to the third order of business.
Executive Communications

     The Clerk then presented communications from His Excellency, the Governor, advising that on April 13, 2009, he had approved Enr.
Committee Substitute for Senate Bill No. 321
; on April 16, 2009, he had approved Enr. Committee Substitute for Senate Bill No. 552; on April 17, 2009, he had approved Enr. Senate Bill No. 771, Enr. Senate Bill No. 772 and Enr. Senate Bill No. 773; on April 20, 2009, he had approved Enr. Committee Substitute for Senate Bill No. 259, Enr. Committee Substitute for Senate Bill No. 284, Enr. Senate Bill No. 487, Enr. Committee Substitute for Senate Bill No. 526, Enr. Senate Bill No. 572, Enr. Senate Bill No. 587, Enr. Senate Bill No. 588, Enr. House Bill No. 2404, Enr. Committee Substitute for House Bill No. 2738 and Enr. House Bill No. 3229; on April 21, 2009, he had approved Enr. Committee Substitute for Senate Bill No. 261, Enr. Committee Substitute for Senate Bill No. 384, Enr. Senate Bill No. 431, Enr. Senate Bill No. 473, Enr. Committee Substitute for Senate Bill No. 489, Enr. Senate Bill No. 719, Enr. Senate Bill No. 760, Enr. Committee Substitute for House Bill No. 2757 and Enr. Committee Substitute for House Bill No. 3082; on April 22, 2009, he had approved Enr. Committee Substitute for House Bill No. 2870; on April 24, 2009, he had approved Enr. Committee Substitute for House Bill No. 2170, Enr. Committee Substitute for House Bill No. 2418, Enr. Committee Substitute for House Bill No. 2419, Enr. Committee Substitute for House Bill No. 2421, Enr. Committee Substitute for House Bill No. 2464, Enr. Committee Substitute for House Bill No. 2504, Enr. Committee Substitute for House Bill No. 2530, Enr. Committee Substitute for House Bill No. 2532, Enr. House Bill No. 2541, Enr. Committee Substitute for House Bill No. 2567 and Enr. Committee Substitute for House Bill No. 2685; on April 30, 2009, he had approved Enr. Senate Bill No. 12, Enr. Committee Substitute for Senate Bill No. 153, Enr. Committee Substitute for Senate Bill No. 370, Enr. Committee Substitute for Senate Bill No. 405, Enr. Senate Bill No. 424, Enr. Senate Bill No. 476, Enr. Senate Bill No. 493, Enr. Senate Bill No. 503, Enr. Committee Substitute for Senate Bill No. 612, Enr. Senate Bill No. 764, Enr. Committee Substitute for House Bill No. 2222, Enr. Committee Substitute for House Bill No. 2407, Enr. Committee Substitute for House Bill No. 2569, Enr. House Bill No. 2651, Enr. Committee Substitute for House Bill No. 2684, Enr. Committee Substitute for House Bill No. 2694, Enr. Committee Substitute for House Bill No. 2719, Enr. House Bill No. 2734, Enr. Committee Substitute for House Bill No. 2739, Enr. Committee Substitute for House Bill No. 2742, Enr. Committee Substitute for House Bill No. 2753, Enr. Committee Substitute for House Bill No. 2819, Enr. Committee Substitute for House Bill No. 2839, Enr. Committee Substitute for House Bill No. 2863, Enr. House Bill No. 2950, Enr. House Bill No. 2952, Enr. Committee Substitute for House Bill No. 3036, Enr. Committee Substitute for House Bill No. 3134, Enr. Committee Substitute for House Bill No. 3196, Enr. Committee Substitute for House Bill No. 3305 and Enr. Committee Substitute for House Bill No. 3313; on May 4, 2009, he had approved Enr. Committee Substitute for Senate Bill No. 600, Enr. Senate Bill No. 610, Enr. Committee Substitute for Senate Bill No. 694, Enr. Committee Substitute for House Bill No. 2335, Enr. Committee Substitute for House Bill No. 2360, Enr. Committee Substitute for House Bill No. 2401, Enr. House Bill No. 2536, Enr. House Bill No. 2539, Enr. Committee Substitute for House Bill No. 2557, Enr. Committee Substitute for House Bill No. 2566, Enr. Committee Substitute for House Bill No. 2660, Enr. Committee Substitute for House Bill No. 2690, Enr. Committee Substitute for House Bill No. 2737, Enr. House Bill No. 2841, Enr. Committee Substitute for House Bill No. 2860 and Enr. House Bill No. 3340; on May 6, 2009, he had approved Enr. Committee Substitute for Senate Bill No. 613, Enr. Committee Substitute for Senate Bill No. 631, Enr. Senate Bill No. 767, Enr. Committee Substitute for House Bill No. 2869, Enr. House Bill No. 2913, Enr. Committee Substitute for House Bill No. 2916, Enr. Committee Substitute for House Bill No. 2999, Enr. House Bill No. 3011, Enr. Committee Substitute for House Bill No. 3017, Enr. Committee Substitute for House Bill No. 3063, Enr. House Bill No. 3155, Enr. Committee Substitute for House Bill No. 3240 and Enr. Committee Substitute for House Bill No. 3336; on May 7, 2009, he had approved Enr. Committee Substitute for Senate Bill No. 278, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 398, Enr. Committee Substitute for Senate Bill No. 451, Enr. Senate Bill No. 515, Enr. Committee Substitute for Senate Bill No. 533, Enr. Committee Substitute for Senate Bill No. 537, Enr. Committee Substitute for Senate Bill No. 540, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 575, Enr. Committee Substitute for Senate Bill No. 687, Enr. Committee Substitute for Senate Bill No. 706, Enr. Committee Substitute for House Bill No. 2218, Enr. Committee Substitute for House Bill No. 2528, Enr. Committee Substitute for House Bill No. 2788, Enr. House Bill No. 2884, Enr. Committee Substitute for House Bill No. 2958 and Enr. Committee Substitute for House Bill No. 2976; on May 8, 2009, he had approved Enr. Committee Substitute for Senate Bill No. 99, Enr. Committee Substitute for Senate Bill No. 195, Enr. Committee Substitute for Senate Bill No. 243, Enr. Committee Substitute for Senate Bill No. 244, Enr. Committee Substitute for Senate Bill No. 258, Enr. Senate Bill No. 262, Enr. Committee Substitute for Senate Bill No. 293, Enr. Senate Bill No. 306, Enr. Committee Substitute for Senate Bill No. 318, Enr. Senate Bill No. 322, Enr. Senate Bill No. 344, Enr. Senate Bill No. 347, Enr. Committee Substitute for Senate Bill No. 382, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 404, Enr. Committee Substitute for Senate Bill No. 408, Enr. Senate Bill No. 425, Enr. Senate Bill No. 434, Enr. Committee Substitute for Senate Bill No. 440, Enr. Committee Substitute for Senate Bill No. 456, Enr. Senate Bill No. 464, Enr. Senate Bill No. 468, Enr. Senate Bill No. 481, Enr. Senate Bill No. 490, Enr. Senate Bill No. 492, Enr. Senate Bill No. 494, Enr. Senate Bill No. 495, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 532, Enr. Senate Bill No. 556, Enr. Senate Bill No. 594, Enr. Senate Bill No. 595, Enr. Senate Bill No. 632, Enr. Senate Bill No. 636, Enr. Committee Substitute for Senate Bill No. 641, Enr. Senate Bill No. 669, Enr. Senate Bill No. 761, Enr. House Bill No. 2981, Enr. House Bill No. 3047, Enr. Committee Substitute for House Bill No. 3074, Enr. House Bill No. 3295, Enr. Committee Substitute for House Bill No. 3314 and Enr. Committee Substitute for House Bill No. 3339; on May 11, 2009, he had approved Enr. Committee Substitute for Senate Bill No. 172, Enr. Committee Substitute for Senate Bill No. 227, Enr. Committee Substitute for Senate Bill No. 246, Enr. Committee Substitute for Senate Bill No. 256, Enr. Senate Bill No. 335, Enr. Senate Bill No. 338, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 373, Enr. Senate Bill No. 445, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 470, Enr. Committee Substitute for House Bill No. 2309, Enr. Committee Substitute for House Bill No. 2531, Enr. Committee Substitute for House Bill No. 2695, Enr. Committee Substitute for House Bill No. 2885 and Enr. Committee Substitute for House Bill No. 3195; on May 12, 2009, he had approved Enr. Committee Substitute for Committee Substitute for Senate Bill No. 279, Enr. Committee Substitute for Senate Bill No. 280, Enr. Committee Substitute for Senate Bill No. 326, Enr. Committee Substitute for Senate Bill No. 472, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 498, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 724, Enr. Senate Bill No. 756, Enr. Committee Substitute for House Bill No. 2723, Enr. House Bill No. 2801, Enr. Committee Substitute for House Bill No. 2877, Enr. House Bill No. 2931 and Enr. Committee Substitute for House Bill No. 3278; on May 13, 2009, he had approved, Enr. Committee Substitute for Senate Bill No. 339, Enr. Committee Substitute for Senate Bill No. 461, Enr. Senate Bill No. 521, Enr. Committee Substitute for House Bill No. 3146 and Enr. Committee Substitute for House Bill No. 3208; and on May 18, 2009, he had approved Second Enrollment for Enr. Committee Substitute for House Bill No. 2968.
     Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
     Senator Chafin then moved that the Senate recess until 6 p.m. today.
     The question being on the adoption of Senator Chafin's motion, and on this question, Senator Barnes demanded the yeas and nays.
     The roll being taken, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and Oliverio--2.

     So, a majority of those present and voting having voted in the affirmative, the President declared Senator Chafin's motion had prevailed.
     In accordance with the foregoing motion, the Senate recessed until 6 p.m. today.

     Upon expiration of the recess, the Senate reconvened and resumed business under the third order.
Executive Communications

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

OFFICE OF THE GOVERNOR

CHARLESTON

May 8, 2009

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 239.
     I must object to this bill because of an erroneous cross- reference that would render the legislation ineffective. If approved, Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 239 would allow a county with a population exceeding 150,000 and a single Class I city that is the principal municipality of the county to form a metro government if a simple majority of residents of the principal municipality and a simple majority of residents of all unincorporated and incorporated areas of the affected county, excluding the principal municipality, cast votes in favor of metro government. Subsection (b), section four-a of the bill defines "Class I city" as a municipality "so classified under section eight, article one, chapter eight" of the code. Unfortunately, this cross-reference is a typographical error; the term "Class I city" does not appear in section eight, article one, chapter eight of the code. The result of this error is to leave the term "Class I city" undefined in the bill. Without a proper definition, my approval of this bill would render the legislation difficult, if not impossible, to apply.
     For this reason, I must veto Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 239 so that the Legislature may reconsider and correct this technical flaw.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
     Senator Chafin 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 Com. Sub. for Senate Bill No. 239, Allowing majority vote for certain metro government approval.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 239, the same was put and prevailed.
     On motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
     On page two, section four-a, line fifteen, by striking out the word "eight" and inserting in lieu thereof the word "three".
     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: Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, Yost and Tomblin (Mr. President)--28.
     The nays were: Barnes, Boley, Sypolt and Williams--4.
     Absent: Caruth and White--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for Com. Sub. for S. B. No. 239) 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 Tomblin (Mr. President) next laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

May 7, 2009

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 414.
     If approved, this bill would enact broad reforms designed to stem the rising cost of health care in West Virginia. Chief among the bill's amendments is the creation of a new state office to coordinate health care reform initiatives among executive branch agencies. Known as the Governor's Office of Health Enhancement and Lifestyle Planning (GOHELP), the office would be responsible for directing and implementing health care reform initiatives such as prescription drug purchasing agreements, patient-centered medical home programs and strategic health care planning.
     While I support the Legislature's efforts to improve the state's health care system, I must object to this bill because of a technical flaw that would render the measure constitutionally invalid. The title of the bill mistakenly omits a reference to the creation of an advisory council, the Health Enhancement and Lifestyle Planning Advisory Council, designed to advise and consult with GOHELP. I find this omission to be fatal because a reasonable person would be unable to discern this material amendment, the creation of an independent board composed of state officers and gubernatorial appointees, without reading the entire text of the bill.
     For this reason, I must veto Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 414. Nevertheless, I urge the Legislature to amend the title of the bill and to return the bill for approval.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
     Senator Chafin 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 Com. Sub. for
Senate Bill No. 414, Creating Governor's Office of Health Enhancement and Lifestyle Planning.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 414, the same was put and prevailed.
     On motion of Senator Prezioso, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page seven, section two, line one hundred forty-seven, by striking out the word "for" and inserting in lieu thereof the word "of";
     On page seven, section two, line one hundred fifty-four, after the word "Rehabilitation" by inserting the word "Services";
     On page nine, section two, line thirteen, by striking out the word "for" and inserting in lieu thereof the word "of";
     On page ten, section two, line twenty, by striking out the word "veteran's" and inserting in lieu thereof the word "veterans'";
     On page ten, section two, line twenty, after the word "Rehabilitation" by inserting the word "Services";
     On page eleven, section three, line twenty-four, after the word "coverage" by changing the period to a semicolon and inserting the following: and
     (5) Is entitled to receive an annual salary as provided by the Governor.;
     On page eleven, section four, by striking out the section caption and substituting therefor a new section caption, to read as follows:
§16-29H-4. Director of the Governor's Office of Health Enhancement and Lifestyle Planning; powers and duties, hiring of staff.;

     On page eighteen, section six, line six, by striking out the word "chapter" and inserting in lieu thereof the word "article";
     On page twenty, section seven, line three, after the word "schools" by inserting a comma;
     On page twenty-one, section seven, lines ten and eleven, by striking out the words "article nine of this chapter" and inserting in lieu thereof the words "section nine of this article";
     On pages twenty-two and twenty-three, section eight, by striking out all of subsection (e) and inserting in lieu thereof a new subsection (e), to read as follows:
     (e) The Governor's Office of Health Enhancement and Lifestyle Planning, with advice of the advisory council, is authorized to revise existing legislative rules that establish time lines, the documentation, form and manner of reporting required, and determine necessary changes to existing legislative rules to effectuate the purposes of this article. The director shall include in his or her annual report to the Legislature, in an aggregate form, the information provided in the required reporting.;
     On page twenty-three, section eight, line eighty-one, by striking out the word "senior" and inserting in lieu thereof the word "seniors";
     On page twenty-seven, section nine, line ninety-four, by striking out the word "attainting" and inserting in lieu thereof the word "attaining";
     On page twenty-eight, section nine, line one hundred forty- nine, by striking out the word "of" and inserting in lieu thereof the word "on";
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     
Enr. Com. Sub. for Com. Sub. for Senate Bill No. 414--An Act to repeal §5-16-7b of the Code of West Virginia, 1931, as amended; to repeal §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of said code; to amend and reenact §5F-2-2 of said code; to amend and reenact §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4 and §16-29H-5 of said code; and to amend said code by adding thereto five new sections, designated §16-29H-6, §16-29H-7, §16-29H-8, §16- 29H-9 and §16-29H-10, all relating generally to the creation of the Governor's Office of Health Enhancement and Lifestyle Planning; setting forth legislative findings; setting forth the powers and duties of the office; transferring the powers and duties of the Pharmaceutical Cost Management Council to the office; creating the position of director; setting forth the qualifications of the director; setting forth the powers and duties of the director; providing for staff; creating an advisory council; setting forth the membership of the advisory council; setting forth terms of office for the advisory council; setting forth powers and duties of the advisory council; requiring the development of a five-year strategic plan; providing for legislative rule-making authority; providing for coordination with various state agencies, departments, boards, bureaus and commissions; requiring reporting to the Governor and the Legislature; establishing pilot projects for patient-centered medical homes; setting forth legislative findings; defining terms; evaluating existing medical home pilot programs; establishing criteria for pilot projects for patient- centered medical homes; defining four types of pilot projects; setting forth evaluation criteria; granting rule-making authority; and exempting the office from purchasing division requirements.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
     On the passage of the bill, the yeas were: Barnes, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: Boley, K. Facemyer and Hall--3.
     Absent: Caruth and White--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for Com. Sub. for S. B. No. 414) 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 Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

May 4, 2009

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 501.
     I must object to this bill because its proposed title does not reference three sections of the West Virginia Code purportedly 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 Senate Bill No. 501 constitutionally defective. For this reason, I must veto this legislation.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
     Senator Chafin 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. 501, Prohibiting animal gas chamber euthanasia.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 501, the same was put and prevailed.
     On motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page six, section eight, line ten, by striking out the word "pound" and inserting in lieu thereof the words "county or municipal shelter";
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Enr. Com. Sub. for Senate Bill No. 501--An Act
to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-20-8 of said code; and to amend and reenact §30-10A-4, §30-10A-6 and §30-10A-8 of said code, all relating to prohibiting the euthanizing of animals by means of a gas chamber; setting forth an exception for counties which operated a gas chamber as of the effective date of this section; requiring all persons or entities performing animal euthanasia to register with the Board of Veterinary Medicine; allowing animal euthanasia technicians to administer sedatives and tranquilizers; and directing the Board of Veterinary Medicine to promulgate emergency rules.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caruth and White--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 501) 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 Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

May 12, 2009

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 528.
     Unfortunately, I must object to this bill because its proposed title does not sufficiently reflect the amendments it purports to make to the Code of West Virginia. According to the title, Enrolled Senate Bill No. 528 provides "for the distribution of certain fees paid to the clerk of the county commission for recording certain documents." However, the bill's proposed amendments to the code are somewhat more substantive in nature and would redirect a significant portion of county clerks' funding to county general revenue funds. As a result, a reasonable person would not be able to discern the proposed changes to the code without reading the entire text of Enrolled Senate Bill No. 528. Accordingly, I find the title inconsistent with the substance of the bill so as to render the bill constitutionally defective. For this reason, I must veto this legislation.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.

     Senator Chafin 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. 528,
Relating to certain fees collected by county clerks.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Senate Bill No. 528, the same was put and prevailed.
     On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Enr. Senate Bill No. 528--An Act to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to certain fees collected by clerks of the county commission; creating a new recording fee for the recording of certain trustee's reports of sale; providing for the distribution of certain fees paid to the clerk of the county commission; and redirecting a portion of funds currently retained by the county clerks to county general revenue.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
     Pending discussion,
     The question being "Shall Engrossed Senate Bill No. 528 pass?"
     On the passage of the bill, the yeas were: Boley, Bowman, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Kessler, McCabe, Minard, Palumbo, Plymale, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--23.
     The nays were: Barnes, Browning, Chafin, K. Facemyer, Hall, Jenkins, Laird, Oliverio and Prezioso--9.
     Absent: Caruth and White--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. S. B. No. 528) passed with its title, as amended, as a result of the objections of the Governor.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Helmick, Kessler, McCabe, Minard, Palumbo, Plymale, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--23.
     The nays were: Barnes, Browning, Chafin, K. Facemyer, Hall, Jenkins, Laird, Oliverio and Prezioso--9.
     Absent: Caruth and White--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. S. B. No. 528) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

May 12, 2009

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 695.
     Enrolled Committee Substitute for Senate Bill No. 695 amends certain provisions of the Code of West Virginia pertaining to payment for unused sick leave upon retirement. I must object to this bill because its proposed title does not sufficiently reflect the amendments it purports to make to the Code of West Virginia. More specifically, the bill would remove the eligibility of certain higher education employees to be paid for unused sick leave. However, the title of the bill fails to mention this material amendment. 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. 695 constitutionally defective.
     For this reason, I must veto this legislation. Nevertheless, I urge the Legislature to reconsider this bill to correct the title and any other erroneous designations.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
     Senator Chafin 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. 695, Relating to payment for certain state employees' unused sick leave
.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 695, the same was put and prevailed.
     On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Enr. Com. Sub. for Senate Bill No. 695--An Act to amend and reenact §5-5-6 of the Code of West Virginia, 1931, as amended, relating to payment for unused sick leave; limiting employees to a lifetime payment of $25,000; providing caps on the amount the daily rate of pay is calculated by; removing eligibility of certain higher education employees to receive payment for unused sick leave; providing that payment may be made upon application and verification that the employee is eligible for payment; and specifying provisions to be applied retroactively.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caruth and White--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 695) passed with its title, as amended, as a result of the objections of the Governor.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Caruth and White--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 695) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate again proceeded to the fourth order of business.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 150, Budget bill.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 150 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 150) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, May 27, 2009, at 11 a.m.
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