sdj-66th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
EXTENDED SESSION, 2014
SIXTY-SIXTH DAY
____________
Charleston, W. Va., Friday, March 14, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Honorable Ronald F. Miller, a
senator from the tenth district, and Pastor, Shuck Memorial Baptist
Church, Lewisburg, West Virginia, and West Point Baptist Church,
Asbury, West Virginia.
Pending the reading of the Journal of Thursday, March 13,
2014,
On motion of Senator Green, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the fifth order of business.
Senator Prezioso, from the committee of conference on matters
of disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill No. 306, Budget Bill.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendment of the House to Engrossed Committee
Substitute for Senate Bill No. 306 having met, after full and free
conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to
the amendment of the House of Delegates, striking out everything
after the enacting clause, and agree to the same as follows:
[CLERK'S NOTE: For full text of conference committee report,
see Enrolled Committee Substitute for Senate Bill No. 306.]
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair, John R. Unger II, Robert H.
Plymale, Douglas E. Facemire, Ron Stollings, Mike Hall, Dave
Sypolt,
Conferees on the part of the Senate.
Brent Boggs,
Chair, Doug Reynolds, Larry A. Williams, Don
Perdue, Everette W. Anderson, Jr., Allen V. Evans, Ray Canterbury,
Conferees on the part of the House of Delegates.
Senator Prezioso, Senate cochair of the committee of
conference, was recognized to explain the report.
Thereafter, on motion of Senator Prezioso, the report was
taken up for immediate consideration and adopted.
Engrossed Committee Substitute for Senate Bill No. 306, as
amended by the conference report, was then put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 306 pass?"
On the passage of the bill, as amended, the yeas were: Beach,
Boley, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Green,
D. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--25.
The nays were: Barnes, Blair, Carmichael, Cole, M. Hall,
Jenkins, Nohe, Sypolt and Walters--9.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 306) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Cann, Chafin,
Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Kirkendoll,
Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr.
President)--25.
The nays were: Barnes, Blair, Carmichael, Cole, M. Hall,
Jenkins, Nohe, Sypolt and Walters--9.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 306) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Carmichael, and by
unanimous consent, the remarks by Senator Blair regarding the
passage of Engrossed Committee Substitute for Senate Bill No. 306
were ordered printed in the Appendix to the Journal.
At the request of Senator Unger, unanimous consent being granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate then proceeded to the third order of business.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on March 14, 2014, he had approved
Enr.
Committee Substitute for Senate Bill No. 58, Enr. Senate Bill No.
314, Enr. Committee Substitute for Senate Bill No. 322, Enr. Senate
Bill No. 327, Enr. Senate Bill No. 328, Enr. Committee Substitute
for Senate Bill No. 387, Enr. Senate Bill No. 470 and
Enr. Senate
Bill No. 483.
The Senate proceeded to the fourth order of business.
Senator Cookman, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 14th day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 307), Authorizing community
corrections programs to operate pretrial release program.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
On motion of Senator Unger, the Senate recessed until 12:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2014
The Honorable Jeffrey V. Kessler
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Kessler:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 307.
I disapprove this bill because it embraces more than one
object in violation of section thirty, article VI of the
Constitution of West Virginia. In addition to authorizing the
establishment of community corrections programs for the pre-trial
release of certain offenders at the county level, the bill amends
the article of the West Virginia Code regulating bail bondsmen in criminal cases throughout West Virginia.
For this reason, I must disapprove the bill. However, I
encourage the Legislature to reconsider this matter and return it
to my desk for approval.
Sincerely,
Earl Ray Tomblin,
Governor.
cc:The Honorable Timothy Miley
The Honorable Natalie E. Tennant
Senator Unger moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 307, Authorizing community
corrections programs to operate pretrial release program.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 307, the same was put and prevailed.
On motion of Senator Cookman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §51-10-5a; that §62-11C-5 and §62-11C-7 of said code be amended and reenacted; and that
said code be amended by adding thereto a new article, designated
§62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all to
read as follows:
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 10. BAIL BONDSMEN IN CRIMINAL CASES.
§51-10-5a. Bonding fee and collateral security required by bail
bondsmen.
(a) The bonding fee required by a bail bondsman shall be at
least ten percent of the amount of the bond. The bonding fee
received by the bondsman shall not, in the aggregate, exceed the
amount of the bond.
(b) The bonding fee may be paid as follows:
(1) In full at the time of the issuance of the bond; or
(2) At least three-percent paid at the issuance of the bond
with the remaining percentage to be paid over a period not to
exceed twelve months.
(c) When collateral or security is received by a bail bondsman
a receipt shall be furnished. Copies of all receipts issued shall
be kept by the bail bondsman for a minimum of five years. All
receipts issued shall:
(1) Be prenumbered, and used and filed in consecutive
numerical order;
(2) Show the name and address of the bail bondsman;
(3) Show the name and address of the person providing the
collateral;
(4) Show the amount and nature of the collateral and the date
received;
(5) Show the name of the person accepting collateral; and
(6) Show the total amount of the bond for which the collateral
is being accepted and the name of the defendant.
(d) When a bond is to be forfeited, the court is to give
notification to the bail bondsman within twenty-four hours of the
failure to appear.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-5. Establishment of programs.
(a) Any county or combination of counties, or a county or
counties and a Class I or II municipality may establish and operate
community corrections programs, as provided in this section, to be
used both prior to trial as a condition of bond in circuit and
magistrate court, as well as an alternative sentencing option for
those offenders sentenced within the jurisdiction of the county or
counties which establish and operate the program:
Provided, That
the chief judge must certify that the community corrections
facility is available for use in connection with the imposition of
pretrial bond conditions.
(b) Any county or combination of counties, or a county or
counties and a Class I or II municipality that seek to establish
programs as authorized in this section shall submit plans and
specifications for the programs to be established, including
proposed budgets, for review and approval by the community corrections subcommittee established in section three of this
article.
(c) Any county or combination of counties, or a county or
counties and a Class I or II municipality may establish and operate
an approved community corrections program to provide alternative
sanctioning options for an offender who is convicted of an offense
for which he or she may be sentenced to a period of incarceration
in a county or regional jail or a state correctional facility and
for which probation or home incarceration may be imposed as an
alternative to incarceration.
(d) Community corrections programs authorized by subsection
(a) of this section may provide, but are not limited to providing,
any of the following services:
(1) Probation supervision programs;
(2) Community service restitution programs;
(3) Home incarceration programs;
(4) Substance abuse treatment programs;
(5) Sex offender containment programs;
(6) Licensed domestic violence offender treatment programs;
(7) Day reporting centers;
(8) Educational or counseling programs;
(9) Drug courts;
(10) Community beautification and reclamation programs for
state highways, municipal, county and state parks and recreation
areas and community gardens; and
(11) Pretrial release programs.
(e) A county or combination of counties, or a county or
counties and a Class I or II municipality which establish and
operate community corrections programs as provided in this section
may contract with other counties to provide community corrections
services.
(f) For purposes of this section, the phrase "may be sentenced
to a period of incarceration" means that the statute defining the
offense provides for a period of incarceration as a possible
penalty.
(g) No provision of this article may be construed to allow a
person participating in or under the supervision of a community
corrections program to earn good time or any other reduction in
sentence.
(h) Nothing in this section should be construed as to prohibit
a court from imposing a surety bond as a condition of a pretrial
release.
§62-11C-7. Supervision or participation fee.
(a) A circuit judge, magistrate, municipal court judge or
community criminal justice board may require the payment of a
supervision or participation fee from any person required to be
supervised by or participate in a community corrections program.
The circuit judge, magistrate, municipal court judge or community
criminal justice board shall consider the person's ability to pay
in determining the imposition and amount of the fee.
(b) A circuit judge, magistrate or community criminal justice
board may require payment of a supervision or participation fee of $7 per person per day of pretrial supervision from the county
commission pursuant to a pretrial release program established
pursuant to article eleven-f of this chapter.
(c) A person supervised pursuant to the provisions of article
eleven-f of this chapter who is later convicted of an offense or
offenses underlying the person's participation in the pretrial
release program may be assessed by the sentencing court, as a cost
of prosecution, a fee not to exceed $30 per month for each month
the person was in the pretrial supervision program.
(d) All fees ordered by the circuit court, magistrate court,
municipal court or community criminal justice board pursuant to
this section are to be paid to the community criminal justice
board, who shall remit the fees monthly to the treasurer of the
county designated as the fiscal agent for the board pursuant to
section six of this article.
ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.
§62-11F-1. Applicability.
This article applies to adults charged with one or more
misdemeanors or felonies and who are incarcerated in a regional
jail prior to adjudication due to their inability to post bond.
§62-11F-2. Establishment of pretrial release programs.
(a)
Legislative findings and purpose. -- It is the purpose of
pretrial release programs to employ recommendations from the
Council of State Government's Justice Center's Analyses and Policy
Options to Reduce Spending on Corrections and Reinvest in
Strategies to Increase Public Safety, by providing for uniform statewide risk assessment and monitoring of those released prior to
trial, facilitating a statewide response to the problem of
overcrowded regional jails and costs to county commissions.
(b) Any county, circuit or combination thereof that
establishes a pretrial program pursuant to this article shall
establish a local community pretrial committee that consists of:
(1) A prosecutor, or his or her designee;
(2) A county commissioner, or his or her designee;
(3) A sheriff, or his or her designee;
(4) An executive director of a community corrections program,
or his or her designee;
(5) A chief probation officer, or his or her designee; and
(6) A member of the criminal defense bar.
(c) Pretrial release programs may monitor, supervise and
assist defendants released prior to trial.
(d) Nothing in this article should be construed to prohibit a
court from requiring a defendant to post a secured bond as a
condition of pretrial release.
(e) In addition to funding provided pursuant to subsection
(c), section three of this article, pretrial release programs may
be funded by appropriations made to the Supreme Court of Appeals
for such purpose.
§62-11F-3. Pretrial release program guidelines.
(a) The Supreme Court of Appeals has complete oversight and
authority over all pretrial services.
(b) The Supreme Court of Appeals shall establish recommended guidelines for pretrial programs to use when ordering pretrial
release for defendants whose pretrial risk assessment indicate that
they are an appropriate candidate for pretrial release.
(c) The Community Corrections Subcommittee of the Governor's
Committee on Crime, Delinquency and Correction, pursuant to section
two, article eleven-c of this chapter, shall approve policy and
funding for the development, maintenance and evaluation of pretrial
release programs. Any county, circuit or combination thereof that
establishes a pretrial program intended to provide pretrial release
services shall submit a grant proposal to the Community Corrections
Subcommittee of the Governor's Committee on Crime, Delinquency and
Correction for review and approval.
§62-11F-4. Pretrial release assessment.
The Supreme Court of Appeals of West Virginia may adopt a
standardized pretrial risk assessment for use by pretrial release
programs to aid in making pretrial decisions under article one-c of
this chapter.
§62-11F-5. Role of pretrial release programs.
A pretrial release program established pursuant to this
article shall:
(1) Collect and present the necessary information, present
risk assessment and make release recommendations to the court;
(2) Present information to the court relating to the risk
defendants may pose in failing to appear in court or of threatening
the safety of the community or any other person and, consistent
with court policy, develop release recommendations responding to risk;
(3) Develop and provide appropriate and effective supervision
for all persons released pending adjudication who are assigned
supervision as a condition of release;
(4) Monitor compliance of released defendants with the
requirements of assigned release conditions;
(5) Promptly inform the court of all apparent violations of
pretrial release conditions or arrests of persons released pending
trial, including those directly supervised by pretrial services as
well as those released under other forms of conditional release,
and recommend appropriate modifications of release conditions;
(6) Coordinate the services of other agencies, individuals or
organizations that may serve as custodians for released defendants,
and advise the court as to their appropriateness, availability,
reliability and capacity relating to pretrial release conditions;
(7) Review the status of detained defendants on ongoing basis
for any changes in eligibility for release options and facilitate
their release as soon as feasible and appropriate;
(8) Develop and operate an accurate information management
system to support prompt identification, information collections
and presentation, risk assessment, release conditions selection,
compliance monitoring and detention review functions essential to
an effective pretrial release program; and
(9) Remind persons released before trial of their court dates
to attempt to facilitate their court appearance.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for Senate Bill No. 307--An Act to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §51-10-5a; to amend and reenact §62-11C-5 and
§62-11C-7 of said code; and to amend said code by adding thereto a
new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4
and §62-11F-5, all relating to the pretrial management of persons
charged with committing a crime; clarifying bonding fees for
persons charged with a crime; establishing minimum fees for bail
bonds; setting schedule for payment of bail bond fees; requiring
written prenumbered receipts for bail bond fees; establishing
content requirements for bail bond receipts; requiring bail
bondsmen to maintain receipt records for not less than five years;
requiring courts to notify bondsmen within twenty-four hours if
bond is to be forfeited; authorizing pretrial release programs;
permitting certain fees to be assessed to county commissions;
permitting certain fees to be assessed to persons on pretrial
release upon subsequent conviction; stating applicability of
pretrial release programs; establishing guidelines for pretrial
release programs; providing for potential funding sources;
requiring community pretrial committees to recommend release of
certain persons facing criminal charges who are in regional jails
prior to adjudication; setting forth the duties of pretrial release
programs; clarifying that a circuit judge or a magistrate may
impose a secured bond on participants in pretrial release programs; and removing day fine programs from the list of authorized
community corrections programs.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr.
Com. Sub. for S. B. No. 307) passed with its title, as amended, as
a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler (Mr. President) then laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 13, 2014
The Honorable Timothy Miley
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Miley:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 4445.
I disapprove the bill because its object is not adequately
expressed in the title. The bill modifies the definitions of
"assault", "battery" and "domestic battery"; however, its title
does not make reference to the revised definition of "assault" set
forth in the bill. Accordingly, I find the title of the bill
inconsistent with the substance of the bill, so as to render
Enrolled Committee Substitute for House Bill No. 4445
constitutionally defective.
For this reason, I must disapprove the bill. However, I
encourage the Legislature to reconsider this matter in the future
and return it to my desk for approval.
Sincerely,
Earl Ray Tomblin,
Governor.
cc:The Honorable Jeffrey V. Kessler
The Honorable Natalie E. Tennant
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, of a bill
disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of
Enr. Com. Sub. for House Bill No. 4445, Modifying the
definition of "battery" and "domestic battery".
On motion of Senator Unger, the message was taken up for
immediate consideration.
Senator Unger then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 4445),
heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 4445, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the
following House of Delegates amendment to the title of the bill:
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for House Bill No. 4445--An Act to amend and
reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as
amended, all relating amending the elements of assault and battery;
and modifying the elements of "assault", "battery", "domestic
assault" and "domestic battery" to include the use or attempted use
of physical force.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr.
Com. Sub. for H. B. No. 4445) passed with its title, as amended, as
a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
On motion of Senator Unger, the Senate recessed until 1:15
p.m. today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of the committee of
conference report, passage as amended by the conference report, to
take effect from passage, as to
Eng. Com. Sub. for Senate Bill No. 306, Budget Bill.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the reconsideration, amendment and
passage as amended, by a vote of a majority of all the members
elected to the House of Delegates, as a result of the objections of the Governor, of
Enr. Com. Sub. for Senate Bill No. 307, Authorizing community
corrections programs to operate pretrial release program.
The Senate proceeded to the sixth order of business.
Senator Unger offered the following pre-adjournment
resolution:
Senate Resolution No. 55--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to notify the House of Delegates that the Senate has
completed its labors and is ready to adjourn
sine die.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Kessler (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators Cann, D. Hall and Carmichael.
Senator Unger then offered the following resolution:
Senate Resolution No. 56--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn
sine die.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Under the provision of the foregoing resolution, Senator
Kessler (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate is ready to adjourn:
Senators Kirkendoll, Fitzsimmons and Sypolt.
Thereafter, the President recognized the presence of a three-
member delegation from the House of Delegates, namely:
Delegates Poore, Skaff and Andes, who announced that that body
had completed its labors and was ready to adjourn
sine die.
The President then acknowledged another delegation from the
House of Delegates, consisting of
Delegates Perdue, M. Poling and Azinger, who announced that
they had been appointed by that body to join with the similar
committee named by the Senate to wait upon His Excellency and were
ready to proceed with its assignment.
Senators Kirkendoll, Fitzsimmons and Sypolt, comprising the
Senate committee, then joined with the House committee and
proceeded to the executive offices to notify His Excellency, the
Governor, of imminent legislative adjournment, and receive any
message he might desire to transmit to the members of the Senate.
On motion of Senator Cookman, the Joint Committee on Enrolled
Bills was directed after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills
passed but not presented to him prior to adjournment of the regular
sixty-day and extended session of the Legislature, to file its
reports with the Clerk of bills so enrolled, showing the date such
bills were presented to the Governor; said reports to be included
in the final Journal, together with Governor's action on said
bills.
In accordance with the foregoing motion, the following reports
of the Joint Committee on Enrolled Bills were filed as follows:
Senator Cookman, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 17th day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 165), Authorizing Department of
Transportation promulgate legislative rules.
(Com. Sub. for S. B. No. 196), Authorizing Division of
Rehabilitation Services promulgate legislative rule relating to Ron
Yost Personal Assistance Services Board.
(Com. Sub. for S. B. No. 357), Relating to Logging Sediment
Control Act civil and criminal penalties.
(Com. Sub. for Com. Sub. for S. B. No. 373), Relating to water
resources protection.
(Com. Sub. for S. B. No. 376), Requiring certain construction workers complete OSHA safety program.
(Com. Sub. for S. B. No. 383), Permitting certain residential
real estate owners limited exemptions from licensing requirements.
(Com. Sub. for Com. Sub. for S. B. No. 395), Relating to
operation and oversight of certain human services benefit programs.
(Com. Sub. for S. B. No. 397), Expanding scope of activities
considered financial exploitation of elderly.
(S. B. No. 403), Regulating importation and possession of
certain injurious aquatic species.
(Com. Sub. for Com. Sub. for S. B. No. 414), Redirecting
nonprobate appraisement filings.
(Com. Sub. for S. B. No. 427), Relating to motor vehicle
insurance.
(Com. Sub. for Com. Sub. for S. B. No. 431), Relating to
issuance and renewal of certain driver's licenses and federal ID
cards.
(Com. Sub. for S. B. No. 461), Creating Future Fund.
(Com. Sub. for S. B. No. 621), Authorizing insurers offer
flood insurance.
(Com. Sub. for H. B. No. 2165), Relating to death certificates
of military veterans.
(Com. Sub. for H. B. No. 4003), Granting dual jurisdiction to
counties where a student who lives in one county and attends school
in another in order to enforce truancy policies.
(Com. Sub. for H. B. No. 4067), Authorizing the Department of
Military Affairs and Public Safety to promulgate legislative rules.
(Com. Sub. for H. B. No. 4151), Relating to military members
and their spouses who obtain licensure through professional boards.
(H. B. No. 4154), Fixing a technical error relating to the
motor fuel excise tax.
(H. B. No. 4159), Updating the meaning of federal adjusted
gross income and certain other terms.
(H. B. No. 4178), Making a supplementary appropriation to the
Department of Commerce, WorkForce West Virginia.
(H. B. No. 4186), Relating to the procedures for issuing a
concealed weapon license.
(Com. Sub. for H. B. No. 4188), Updating the authority and
responsibility of the Center for Nursing.
(Com. Sub. for H. B. No. 4270), Relating to salaries of
service employees of the state camp and conference center known as
Cedar Lakes Conference Center.
(Com. Sub. for H. B. No. 4284), Pregnant Workers' Fairness
Act.
(Com. Sub. for H. B. No. 4287), Administration of health
maintenance tasks.
(Com. Sub. for H. B. No. 4290), Revising the regulatory
structure of money transmitters and other entities.
(H. B. No. 4301), Allowing limited reciprocal use of hunting
and fishing licenses with the Commonwealth of Kentucky.
(H. B. No. 4302), Relating to elections for public school
purposes.
(Com. Sub. for H. B. No. 4304), Providing rules for motor vehicles passing bicycles on roadways.
(H. B. No. 4365), Relating to employer remittance and
reporting of Teachers Retirement System member contributions to the
retirement board.
(Com. Sub. for H. B. No. 4384), Requiring teachers of students
with exceptional needs to either be present at an individualized
education program meeting or to read and sign a copy of the
individualized education program plan.
(Com. Sub. for H. B. No. 4393), Creating the Dangerous Wild
Animals Act.
(Com. Sub. for H. B. No. 4402), Providing a procedure for the
conditional discharge for first offense underage purchase,
consumption, sale, service or possession of alcoholic liquor.
(Com. Sub. for H. B. No. 4425), Giving the Superintendent of
State Police authority to hire additional staff.
(H. B. No. 4437), Relating to the Division of Juvenile
Services.
(Com. Sub. for H. B. No. 4449), Including proximity detection
systems and cameras used on continuous mining machines and
underground haulage equipment for tax credit purposes.
(H. B. No. 4457), Authorizing a legislative rule for the
Council of Community and Technical College Education regarding WV
EDGE program.
(H. B. No. 4488), Eliminating the requirement for notarization
of the articles of incorporation for cooperative associations.
And,
(H. B. No. 4503), Declaring certain claims against the state
and its agencies to be moral obligations of the state.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Fitzsimmons, from the Joint Committee on Enrolled
Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 19th day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 306), Budget Bill.
(Com. Sub. for H. B. No. 4183), Supplementing, amending,
decreasing, and increasing items of the existing appropriations
from the State Road Fund to the Department of Transportation,
Division of Highways.
And,
(H. B. No. 4621), Expiring funds to the Board of Risk and
Insurance Management, Patient Injury Compensation Fund from the
Board of Risk and Insurance Management Medical Liability Fund.
Respectfully submitted,
Robert J. Fitzsimmons,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Cookman, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 20th day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 3), Creating Uniform Real Property Transfer on
Death Act.
(Com. Sub. for S. B. No. 253), Clarifying code for
Community-Based Pilot Demonstration Project to Improve Outcomes for
At-Risk Youth.
And,
(Com. Sub. for Com. Sub. for S. B. No. 523), Providing for
additional state veterans skilled nursing facility in Beckley.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Fitzsimmons, from the Joint Committee on Enrolled
Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 20th day of March, 2014, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2387), Relating to reasonable
accommodations under the West Virginia Fair Housing Act for
persons with disabilities who need assistive animals.
(H. B. No. 2477), Permitting certain auxiliary lighting on
motorcycles.
(Com. Sub. for H. B. No. 2606), Permitting the State Rail
Authority to set the salary of the executive director.
(Com. Sub. for H. B. No. 2803), Requiring electric utilities
to implement integrated resource plans.
(Com. Sub. for H. B. No. 2954), Requiring that members of the
Mine Safety Technology Task Force are paid the same compensation as
members of the Legislature.
(Com. Sub. for H. B. No. 3011), Removing the provision that
requires an applicant to meet federal requirements concerning the
production, distribution and sale of industrial hemp prior to being
licensed.
(Com. Sub. for H. B. No. 3156), Granting a labor organization
a privilege from being compelled to disclose any communication or
information the labor organization or agent received or acquired in
confidence from an employee.
(Com. Sub. for H. B. No. 4005), Relating to criminal offenses
for child abuse and child neglect.
(H. B. No. 4006), Relating to the possession and distribution of child pornography.
(Com. Sub. for H. B. No. 4039), Authorizing miscellaneous
boards and agencies to promulgate legislative rules.
(H. B. No. 4135), Designating the first Thursday in May the
West Virginia Day of Prayer.
(Com. Sub. for H. B. No. 4139), Restricting parental rights of
child custody and visitation when the child was conceived as a
result of a sexual assault or sexual abuse.
(Com. Sub. for H. B. No. 4147), Relating to emergency
preparedness.
(Com. Sub. for H. B. No. 4149), Allowing members of the Board
of Public Works to be represented by designees and to vote by
proxy.
(Com. Sub. for H. B. No. 4156), Electronic Toll Collection
Act.
(Com. Sub. for H. B. No. 4175), West Virginia Small Business
Emergency Act.
(Com. Sub. for H. B. No. 4184), Relating to the West Virginia
Tourism Development Act.
(Com. Sub. for H. B. No. 4196), Requiring the Workforce
Investment Council to provide information and guidance to local
workforce investment boards that would enable them to better
educate both women and men about higher paying jobs.
(Com. Sub. for H. B. No. 4204), Relating to the nonrenewal or
cancellation of property insurance coverage policies in force for
at least four years.
(Com. Sub. for H. B. No. 4363), Creating an informal dispute
resolution process available to behavioral health providers.
(Com. Sub. for H. B. No. 4496), Providing for the allocation
of matching funds from future moneys deposited into the West
Virginia Research Trust Fund.
And,
(H. B. No. 4618), Establishing transformative system of
support for early literacy.
Respectfully submitted,
Robert J. Fitzsimmons,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Fitzsimmons, from the Joint Committee on Enrolled
Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 21st day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 12), Relating to expedited partner
therapy treatment.
(Com. Sub. for S. B. No. 315), Clarifying use of certain funds
under Military Authority Act.
(Com. Sub. for Com. Sub. for S. B. No. 317), Relating to
municipal firearm laws.
(S. B. No. 325), Providing State Fire Marshal serve at will
and pleasure of Fire Commission.
(S. B. No. 350), Relating to Rural Rehabilitation Loan
Program.
(Com. Sub. for Com. Sub. for S. B. No. 356), Relating to
purchasing reform.
(S. B. No. 359), Removing hand canvassing requirements of
electronic voting machines.
(Com. Sub. for S. B. No. 365), Relating to administration of
Conservation Agency programs.
(S. B. No. 375), Excluding certain personal property from TIF
assessment.
(S. B. No. 380), Redefining "all-terrain and utility terrain
vehicles".
(Com. Sub. for Com. Sub. for S. B. No. 393), Amending funding
levels and date Governor may borrow from Revenue Shortfall Reserve
Fund.
(Com. Sub. for S. B. No. 434), Eliminating revocation period
for certain DUI offenders.
And,
(S. B. No. 454), Defining dam "owner".
Respectfully submitted,
Robert J. Fitzsimmons,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Cookman, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 21st day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 88), Relating to claims for total loss and debris
removal proceeds under farmers' mutual fire insurance companies.
(Com. Sub. for S. B. No. 140), Authorizing Department of
Commerce promulgate legislative rules.
(Com. Sub. for Com. Sub. for S. B. No. 204), Relating to crime
victims compensation awards.
(Com. Sub. for Com. Sub. for S. B. No. 252), Allowing certain
expelled students to return to school through Juvenile Drug Court.
(Com. Sub. for S. B. No. 267), Ensuring state courts'
jurisdiction of fraudulent or unauthorized purchasing card use.
And,
(Com. Sub. for Com. Sub. for S. B. No. 425), Relating to
licensure, supervision and regulation of physician assistants.
Respectfully submitted,
Donald H. Cookman,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 27th day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 133), Authorizing DEP promulgate
legislative rules.
(Com. Sub. for S. B. No. 155), Authorizing DHHR promulgate
legislative rules.
(Com. Sub. for S. B. No. 167), Authorizing Department of
Revenue promulgate legislative rules.
(Com. Sub. for S. B. No. 181), Authorizing Department of
Administration promulgate legislative rules.
(S. B. No. 202), Creating Benefit Corporation Act.
(S. B. No. 209), Allowing special needs students to
participate in graduation ceremonies.
(Second Enrollment Com. Sub. for S. B. No. 307), Relating to
pretrial management of persons charged with committing crimes.
(S. B. No. 331), Requiring certain accelerated payment of
consumers sales and service and use tax and employee withholding
taxes.
(Com. Sub. for Com. Sub. for S. B. No. 353), Relating to
timber theft from state forests.
(Com. Sub. for Com. Sub. for S. B. No. 378), Relating to
special speed limitations as to waste service vehicles.
(Com. Sub. for Com. Sub. for S. B. No. 391), Providing salary
increase for teachers and school service personnel.
(S. B. No. 394), Redesignating Health Sciences Scholarship
Program as Health Sciences Service Program.
(Com. Sub. for S. B. No. 405), Requiring presiding judge's
permission to release juror qualification forms after trial's
conclusion.
(Com. Sub. for S. B. No. 408), Relating to parole.
(Com. Sub. for S. B. No. 416), Relating to tentative
appraisals of industrial and natural resources property.
(S. B. No. 426), Relating to appointments to certain higher
education commissions, councils and boards.
(Com. Sub. for S. B. No. 439), Permitting Ohio County
Commission levy special district excise tax for Fort Henry.
(Com. Sub. for S. B. No. 450), Relating to sale and
consumption of alcoholic beverages in certain outdoor settings.
(S. B. No. 457), Requiring programs for temporarily detained
inmates in regional jails.
(Com. Sub. for S. B. No. 458), Dedicating certain circuit
court fees to fund low-income persons' civil legal services.
(Com. Sub. for S. B. No. 469), Creating Veterans and Warriors
to Agriculture Program.
(Com. Sub. for S. B. No. 477), Providing teachers determine
use of time during planning period.
(S. B. No. 485), Exempting DOH from certain permitting
requirements of Natural Streams Preservation Act.
(Com. Sub. for Com. Sub. for S. B. No. 486), Establishing
certain salary increases for State Police civilian and forensic lab
employees.
(Com. Sub. for S. B. No. 507), Relating to Board of Barbers
and Cosmetologists.
(Com. Sub. for S. B. No. 535), Clarifying definition of
"ginseng".
(S. B. No. 547), Relating to number of municipal wards or
election districts and council members.
(Com. Sub. for S. B. No. 553), Relating to certificates of
nomination for elected office.
(S. B. No. 558), Finding and declaring certain claims against
state.
(S. B. No. 572), Relating to financing statements covering
as-extracted collateral or timber to be cut.
(Com. Sub. for S. B. No. 574), Clarifying mobile home
permanently attached to real estate is not personal property under
certain conditions.
(Com. Sub. for S. B. No. 579), Creating Land Reuse Agency
Authorization Act.
(S. B. No. 585), Removing unconstitutional language regarding
access to rail lines.
(S. B. No. 586), Removing unconstitutional language regarding
jurors and verdicts in certain civil litigation.
(Com. Sub. for S. B. No. 600), Relating to municipal ordinance
compliance regarding dwellings unfit for habitation and vacant buildings and properties.
(S. B. No. 601), Relating to property assessment appeals.
(Com. Sub. for S. B. No. 602), Requiring health care providers
wear ID badges.
(Com. Sub. for S. B. No. 603), Relating to testing for
presence of methane in underground mines.
(Com. Sub. for S. B. No. 619), Exempting certain critical
access hospitals from certificate of need requirement.
(Com. Sub. for S. B. No. 623), Requiring notification of
certain substance abuse screening of mine personnel.
And,
(S. B. No. 631), Extending time for Fayetteville City Council
to meet as levying body.
Respectfully submitted,
Corey Palumbo,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 28th day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2757), Private cause of action for the humane destruction of a dog.
(Com. Sub. for H. B. No. 3108), Relating to criminal
background checks on applicants for employment by nursing homes.
(Com. Sub. for H. B. No. 4012), Relating to the Revised
Uniform Law on Notarial Acts.
(Com. Sub. for H. B. No. 4208), Banning synthetic
hallucinogens
.
(Com. Sub. for H. B. No. 4210), Juvenile sentencing reform.
(Com. Sub. for H. B. No. 4217), Relating to Medicaid reports
to the Legislature.
(Com. Sub. for H. B. No. 4220), Relating to waiver of jury
trial in claims arising from consumer transactions.
(Com. Sub. for H. B. No. 4228), Repealing or removing certain
portions of education-related statutes that have expired.
(Com. Sub. for H. B. No. 4237), Prohibiting the sale,
distribution and use of electronic cigarettes, vapor products and
other alternative nicotine products to persons under the age of
eighteen.
(Com. Sub. for H. B. No. 4242), Increasing gross weight
limitations on certain roads in Brooke County.
(Com. Sub. for H. B. No. 4245), Relating to anticipated
retirement dates of certain health care professionals
.
(Com. Sub. for H. B. No. 4254), Providing that certain state
employees may be granted a leave of absence with pay during a
declared state of emergency.
(H. B. No. 4256), Amending the annual salary schedule for members of the state police
.
(H. B. No. 4259), Extending the time for the city council of
the city of Sistersville, Tyler County, to meet as a levying body.
(Com. Sub. for H. B. No. 4268), Relating to the administration
of veterans' assistance
.
(Com. Sub. for H. B. No. 4278), Rewriting the procedure by
which corporations may obtain authorization from the West Virginia
Board of Medicine to practice medicine and surgery.
(Com. Sub. for H. B. No. 4283), Raising the minimum wage.
(Com. Sub. for H. B. No. 4294), Establishing standards for
court reporters and entities that provide court reporting services.
(Com. Sub. for H. B. No. 4298), Changing the experience
requirements of the composition of the members of the West Virginia
Ethics Commission.
(Com. Sub. for H. B. No. 4312), Creating a certification for
emergency medical technician-industrial.
(Com. Sub. for H. B. No. 4316), Creating the student data
accessability, transparency and accountability act.
(Com. Sub. for H. B. No. 4318), Continuing education of
veterans mental health
.
(H. B. No. 4332), Extending the time that certain nonprofit
community groups are exempt from the moratorium on creating new
nursing home beds.
(Com. Sub. for H. B. No. 4335), Relating to a child's right to
nurse.
(Com. Sub. for H. B. No. 4339), Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to
facilitate the closure of the Elkins-Randolph County Landfill and
the Webster County Landfill.
(Com. Sub. for H. B. No. 4343), West Virginia Project
Launchpad Act.
(H. B. No. 4346), Establishing separate standards of
performance for carbon dioxide emissions.
(Com. Sub. for H. B. No. 4347), Relating to affirmative
defenses against mechanics' liens
.
(Com. Sub. for H. B. No. 4349), Clarifying retirement
dependent child scholarship and burial benefits under a Qualified
Domestic Relations Order
.
(Com. Sub. for H. B. No. 4360), Relating to consumer credit
protection.
(Com. Sub. for H. B. No. 4373), Relating to driver education
programs
.
(Com. Sub. for H. B. No. 4392), Regulating persons who perform
work on heating, ventilating and cooling systems and fire dampers.
(Com. Sub. for H. B. No. 4410), Redefining auctioneer
exceptions.
(H. B. No. 4421), Allowing the lottery to pay prizes utilizing
other payment methods in addition to checks.
(H. B. No. 4431), Clarifying that persons who possess
firearms, hunting dogs or other indicia of hunting do not
necessarily need to have a hunting license
.
(Com. Sub. for H. B. No. 4432), Adopting Principle Based Reserving as the method by which life insurance company reserves
are calculated.
(Second Enrollment H. B. No. 4445), Modifying the definition
of "battery" and "domestic battery".
(H. B. No. 4460), Relating to violating provisions of the
civil service law for paid fire departments.
(Com. Sub. for H. B. No. 4473), Relating to establishing
voting precincts and changing the composition of standard receiving
boards.
(Com. Sub. for H. B. No. 4480), Relating to investment of the
Acid Mine Drainage Fund
.
(H. B. No. 4529), Relating to the sale of wine
.
(Com. Sub. for H. B. No. 4538), Relating to the Board of
Dentistry.
(H. B. No. 4549), Clarifying the regulation of nonintoxicating
beer brewers and distributors, agreements, networks, products,
brands and extensions of a line of brands
.
(Com. Sub. for H. B. No. 4552), Relating to the court of
claims.
(Com. Sub. for H. B. No. 4560), Relating to reimbursement for
copies of medical records
.
(H. B. No. 4588), Protecting unborn children who are capable
of experiencing pain by prohibiting abortion after twenty weeks
.
(H. B. No. 4601), Relating to fiscal management and regulation
of publicly-owned utilities
.
(Com. Sub. for H. B. No. 4608), Defining dyslexia and dyscalculia.
And,
(H. B. No. 4619), Authorizing innovation school districts.
Respectfully submitted,
Corey Palumbo,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 18, 2014, he had approved
Enr.
Committee Substitute for Senate Bill No. 90, Enr. Committee
Substitute for Senate Bill No. 357, Enr. Committee Substitute for
Senate Bill No. 383, Enr. Committee Substitute for Senate Bill No.
397 and
Enr. Senate Bill No. 403; on March 19, 2014, he had
approved
Enr. Senate Bill No. 456, Enr. Committee Substitute for
House Bill No. 4183 and
Enr. House Bill No. 4621; on March 20,
2014, he had approved
Enr. Committee Substitute for Senate Bill No.
165, Enr. Committee Substitute for Committee Substitute for Senate
Bill No. 414, Enr. Committee Substitute for Senate Bill No. 461,
Enr. Committee Substitute for Senate Bill No. 621, Enr. Committee
Substitute for House Bill No. 4003, Enr. House Bill No. 4154, Enr. House Bill No. 4159, Enr. Committee Substitute for House Bill No.
4184, Enr. Committee Substitute for House Bill No. 4188, Enr.
Committee Substitute for House Bill No. 4270 and
Enr. House Bill
No. 4301; on March 21, 2014, he had approved
Enr. Committee
Substitute for Senate Bill No. 196, Enr. Committee Substitute for
Senate Bill No. 253, Enr. Committee Substitute for House Bill No.
2606, Enr. Committee Substitute for House Bill No. 3011, Enr.
Committee Substitute for House Bill No. 4005, Enr. Committee
Substitute for House Bill No. 4067, Enr. Committee Substitute for
House Bill No. 4135, Enr. Committee Substitute for House Bill No.
4147, Enr. Committee Substitute for House Bill No. 4149, Enr.
Committee Substitute for House Bill No. 4196, Enr. Committee
Substitute for House Bill No. 4284, Enr. Committee Substitute for
House Bill No. 4290, Enr. Committee Substitute for House Bill No.
4304, Enr. House Bill No. 4365, Enr. Committee Substitute for House
Bill No. 4384, Enr. Committee Substitute for House Bill No. 4393,
Enr. Committee Substitute for House Bill No. 4449, Enr. House Bill
No. 4457 and
Enr. House Bill No. 4488; on March 24, 2014, he had
approved
Enr. Senate Bill No. 88, Enr. Committee Substitute for
Committee Substitute for Senate Bill No. 204, Enr. Committee
Substitute for Senate Bill No. 267, Enr. Committee Substitute for
Senate Bill No. 315, Enr. Senate Bill No. 325, Enr. Senate Bill No.
350, Enr. Committee Substitute for Committee Substitute for Senate
Bill No. 356, Enr. Senate Bill No. 359, Enr. Senate Bill No. 380,
Enr. Committee Substitute for Committee Substitute for Senate Bill
No. 393, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 425, Enr. Committee Substitute for Committee
Substitute for Senate Bill No. 523, Enr. Committee Substitute for
House Bill No. 2387, Enr. House Bill No. 2477, Enr. House Bill No.
4006, Enr. Committee Substitute for House Bill No. 4139, Enr. House
Bill No. 4178, Enr. Committee Substitute for House Bill No. 4204
and
Enr. House Bill No. 4503; on March 25, 2014, he had approved
Enr. Committee Substitute for Committee Substitute for Senate Bill
No. 317; on March 26, 2014, he had approved
Enr. Senate Bill No. 3,
Enr. Committee Substitute for Senate Bill No. 140, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 252, Enr.
Committee Substitute for Senate Bill No. 365, Enr. Committee
Substitute for Senate Bill No. 376, Enr. Committee Substitute for
Committee Substitute for Senate Bill No. 395, Enr. Senate Bill No.
454, Enr. Committee Substitute for House Bill No. 2803, Enr.
Committee Substitute for House Bill No. 2954, Enr. Committee
Substitute for House Bill No. 3156, Enr. Com. Sub. for House Bill
No. 4039, Enr. Committee Substitute for House Bill No. 4156, Enr.
House Bill No. 4186, Enr. Committee Substitute for House Bill No.
4287, Enr. House Bill No. 4302, Enr. Committee Substitute for House
Bill No. 4363, Enr. Committee Substitute for House Bill No. 4402,
Enr. Committee Substitute for House Bill No. 4496 and
Enr. House
Bill No. 4618; on March 27, 2014, he had approved
Enr. Senate Bill
No. 375, Enr. Committee Substitute for Senate Bill No. 450, Enr.
Committee Substitute for Senate Bill No. 469; on March 28, 2014, he
had approved
Enr. Senate Bill No. 209, Enr. Senate Bill No. 331,
Enr. Committee Substitute for Committee Substitute for Senate Bill No. 353, Enr. Committee Substitute for Committee Substitute for
Senate Bill No. 378, Enr. Senate Bill No. 394, Enr. Committee
Substitute for Senate Bill No. 405, Enr. Committee Substitute for
Senate Bill No. 408, Enr. Committee Substitute for Senate Bill No.
416, Enr. Committee Substitute for Senate Bill No. 427, Enr.
Committee Substitute for Committee Substitute for Senate Bill No.
431, Enr. Committee Substitute for Senate Bill No. 434, Enr.
Committee Substitute for Senate Bill No. 439, Enr. Committee
Substitute for Senate Bill No. 458, Enr. Committee Substitute for
Committee Substitute for Senate Bill No. 486, Enr. Committee
Substitute for Senate Bill No. 535, Enr. Senate Bill No. 547, Enr.
Committee Substitute for Senate Bill No. 553, Enr. Senate Bill No.
558, Enr. Committee Substitute for Senate Bill No. 574, Enr. Senate
Bill No. 585, Enr. Senate Bill No. 586, Enr. Committee Substitute
for Senate Bill No. 600, Enr. Senate Bill No. 601, Enr. Committee
Substitute for Senate Bill No. 602, Enr. Committee Substitute for
Senate Bill No. 603, Enr. Committee Substitute for Senate Bill No.
623, Enr. Senate Bill No. 631, Enr. Committee Substitute for House
Bill No. 2757, Enr. Committee Substitute for House Bill No. 3108,
Enr. Committee Substitute for House Bill No. 4012, Enr. Committee
Substitute for House Bill No. 4210, Enr. Committee Substitute for
House Bill No. 4220, Enr. Committee Substitute for House Bill No.
4237, Enr. Committee Substitute for House Bill No. 4242, Enr.
Committee Substitute for House Bill No. 4245, Enr. House Bill No.
4256, Enr. House Bill No. 4259, Enr. Committee Substitute for House
Bill No. 4268, Enr. Committee Substitute for House Bill No. 4278, Enr. Committee Substitute for House Bill No. 4294, Enr. Committee
Substitute for House Bill No. 4298, Enr. Committee Substitute for
House Bill No. 4312, Enr. Committee Substitute for House Bill No.
4318, Enr. Committee Substitute for House Bill No. 4335, Enr.
Committee Substitute for House Bill No. 4360, Enr. Committee
Substitute for House Bill No. 4392, Enr. House Bill No. 4421, Enr.
House Bill No. 4431, Enr. House Bill No. 4437, Enr. House Bill No.
4460, Enr. House Bill No. 4529, Enr. Committee Substitute for House
Bill No. 4538 and
Enr. Committee Substitute for House Bill No.
4560; on March 31, 2014, he had approved
Enr. Committee Substitute
for Senate Bill No. 167, Enr. Committee Substitute for Senate Bill
No. 181, Enr. Committee Substitute for Senate Bill No. 202, Enr.
Committee Substitute for Committee Substitute for Senate Bill No.
391, Enr. Senate Bill No. 485, Enr. Committee Substitute for Senate
Bill No. 619, Enr. Committee Substitute for House Bill No. 4217,
Enr. Committee Substitute for House Bill No. 4228, Enr. House Bill
No. 4332, Enr. Committee Substitute for House Bill No. 4339, Enr.
Committee Substitute for House Bill No. 4349, Enr. Committee
Substitute for House Bill No. 4373, Enr. Committee Substitute for
House Bill No. 4410, Second Enrollment Enr. House Bill No. 4445,
Enr. Committee Substitute for House Bill No. 4473, Enr. Committee
Substitute for House Bill No. 4480, Enr. Committee Substitute for
House Bill No. 4549 and
Enr. Committee Substitute for House Bill
No. 4552; and on April 1, 2014, he had approved
Enr. Committee
Substitute for Senate Bill No. 133, Enr. Committee Substitute for
Senate Bill No. 155, Second Enrollment Enr. Committee Substitute for Senate Bill No. 307, Enr. Committee Substitute for Committee
Substitute for Senate Bill No. 373, Enr. Senate Bill No. 457, Enr.
Committee Substitute for Senate Bill No. 507, Enr. Senate Bill No.
572, Enr. Committee Substitute for Senate Bill No. 579, Enr.
Committee Substitute for House Bill No. 4151, Enr. Committee
Substitute for House Bill No. 4175, Enr. Committee Substitute for
House Bill No. 4208, Enr. Committee Substitute for House Bill No.
4283, Enr. Committee Substitute for House Bill No. 4316, Enr. House
Bill No. 4346, Enr. Committee Substitute for House Bill No. 4347,
Enr. Committee Substitute for House Bill No. 4432, Enr. House Bill
No. 4601, Enr. Committee Substitute for House Bill No. 4608 and
Enr. House Bill No. 4619.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 19, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
Due to a decline in projected revenues and a long-projected
increase in the state match required for Medicaid expenses, this
year's budget was the most challenging to deal with in years. I
believe my recommended budget was solid and fundamentally sound.
I proposed a budget relying on a two-year "bridge" of revenue from the Rainy Day Fund. My proposal tapped the Rainy Day Fund to
fill budget gaps until fiscal year 2018, when the projected budget
shortfalls transition to surpluses. With $914 million in cash, we
have a sufficient amount in our Rainy Day Fund to deal with a two-
year limited problem. As one of the creators of the State's
reserve fund, I understand it was established for limited-term
shortfalls, like this one.
My budget proposal borrowed $83 million for Medicaid expenses.
It assured the Rainy Day Fund would remain above the 15 percent
threshold recommended by Wall Street rating agencies and by bond
experts to continue the State's favorable bond ratings.
Enrolled Committee Substitute for Senate Bill No. 306 built
additional expenses into the budget that increase future fiscal
year budgets. These increase the amount of revenue needed to
balance the budget and make budget gaps deeper. Without a tax
increase or other revenue source, and absent the action I am taking
today, Enrolled Committee Substitute for Senate Bill No. 306 will
drop the Rainy Day Fund below what is considered the recommended
threshold of 15 percent down to 11.5 percent in three fiscal years.
As stewards of taxpayer money, we must be committed to fiscal
responsibility and not commit one-time surplus funds to increase
on-going spending. Therefore, I have vetoed almost $67 million from
Enrolled Committee Substitute for Senate Bill No. 306. In doing
so:
1)Utilization of the Rainy Day Fund is limited to $100
million in FY 2015.
2)The threshold of the Rainy Day Fund does not drop
below 15 percent in Fiscal Year 2016.
3)Our bond ratings will continue to be excellent.
4)
The State will continue to receive the best interest
rate on debt transactions.
Some of these reductions curb grants and services and, while
they are difficult, they are necessary to responsibly manage future
year budgets without raising taxes.
Pursuant to the provisions of Section 51, Article VI of the
Constitution of West Virginia, I hereby return Enrolled Committee
Substitute for Senate Bill No. 306, passed March 14, 2014, approved
with the following objections:
My first objection to the Bill is contained in Item 35, page
34, lines 26 and 27, which states:
Regional Contracting
Assistance Center 41800 375,000
At a time when we are facing ongoing budget challenges, it is
imperative that a cautious and prudent approach be taken to avoid
building the State's base budget. Therefore, I am reducing the
appropriation by the amount of $166,785 to $208,215.
My second objection to the Bill is contained in Item 35, page
35, lines 38 and 39, which states:
Local Econ
omic Development
Assistance (R) 81900 4,688,940
This is a significant increase over the FY 2014 appropriation
and this line item has a substantial reappropriated balance available. At a time when we are facing ongoing budget challenges,
it is imperative that a cautious and prudent approach be taken to
avoid growth in the State's base budget. Therefore, I am reducing
the appropriation by the amount of $2,838,940 to $1,850,000.
My third objection to the Bill is contained in Item 35, page
36, lines 76 through 78, which states:
From the above appropriation for Current Expenses (fund 0256,
appropriation 13000) $231,250 is for TechConnect and $231,250 is
for Tamarack Foundation.
The above language references an appropriation that has a zero
balance. Therefore, I am deleting the language in its entirety,
page 36, lines 76 through 78.
My fourth objection to the Bill is contained in Item 47, page
41, line 6, which states:
Current Ex
penses (R) 13000 2,797,390
In my budget adjustment letter submitted to the Legislature
on February 19, 2014, I recommended an additional $600,000 for the
Office of Education Performance Audits to provide for increased
audits in preparation for the new school grading system. A portion
of this recommendation was reallocated to other lines within the
Department of Education, not consistent with my recommended intent.
Therefore, I am reducing the appropriation by the amount of
$125,000 to $2,672,390.
My fifth objection to the Bill is contained in Item 47, page
42, line 40, which states:
21st Cent
ury Innovation Zones 87600 466,144
While the passage of HB 4619 during the 2014 regular session
provides for an additional layer of Innovation Zones, the current
level of funding has not been fully utilized and should be
sufficient to meet the additional needs required by the bill.
Therefore, I am reducing the appropriation by the amount of
$200,000 to $266,144.
My sixth objection to the Bill is contained in Item 47, page
42, line 41, which states:
21st Century Learners (R)
88600 2,187,598
In my budget adjustment letter submitted to the Legislature on
February 19, 2014, I recommended an additional $600,000 for the
Office of Education Performance Audits to provide for increased
audits in preparation for the new school grading system. A portion
of this recommendation was reallocated to other lines within the
Department of Education, not consistent with my recommended intent.
Therefore, I am reducing the appropriation by the amount of
$125,000 to $2,062,598.
My seventh objection to the Bill is contained in Item 47, page
44, lines 93 through 97, which states:
Included in the above appropriation for 21st Century
Innovation Zones (fund 0313, appropriation 87600) is $200,000 for
Entrepreneurship Education Priority Innovation Zones to be used in
accordance with the provisions of W. Va. Code §18-5b-3.
Having reduced the appropriation to 21st Century Innovation
Zones in objection five above, I am deleting the language in its
entirety, page 44, lines 93 through 97.
My eighth objection to the Bill is contained in Item 47, page
44, lines 98 through 106, which states:
From the above appropriation for Educational Program Allowance
(fund 0313, appropriation 99600), $100,000 shall be expended for
Webster County Board of Education for Hacker Valley; $150,000 for
the Randolph County Board of Education for Pickens School; and
$100,000 shall be for the Preston County Board of Education for the
Aurora School; $100,000 shall be for the Fayette County Board of
Education for Meadow Bridge; and $85,000 is for Project Based
Learning in STEM fields.
The above language directs expenditures in excess of the
available appropriation. Therefore, I am deleting the phrase on
page 44, lines 104 and 105, "$100,000 shall be for the Fayette
County Board of Education for Meadow Bridge;" and reducing the
amount in the language on page 44, line 105 from $85,000 to
$66,250.
My ninth objection to the Bill is contained in Item 53, page
49, line 12, which states:
Educational Enhancements 69500 350,000
The above appropriation includes new funding for the
Reconnecting McDowell - Save the Children and the Clay Center. At
a time when we are facing ongoing budget challenges, it is
imperative that a cautious and prudent approach be taken to avoid
new spending and building the State's base budget. Therefore, I am
reducing the appropriation by the amount of $150,000 to $200,000.
My tenth objection to the Bill is contained in Item 53, page 49, lines 28 through 31, which states:
Included in the above appropriation for Educational
Enhancements (fund 0294, appropriation 69500) is $250,000 for
Reconnecting McDowell - Save the Children, and $100,000 for the
Clay Center.
Having reduced the appropriation to Educational Enhancements
in objection nine above, I am reducing the amount in the language
on page 49, line 29 from $250,000 to $125,000 and on page 49, line
31 from $100,000 to $75,000.
My eleventh objection to the Bill is contained in Item 62,
page 56, lines 16 and 17, which states:
Primary Care Centers -
Mortgage Finance 41300 343,505
At a time when we are facing ongoing budget challenges, it is
imperative that a proactive approach be used to reduce spending.
An independent audit of the Department recommended the elimination
of this funding because it was not tied to outcome measures. In
addition, federal grant funding for capital and infrastructure
investment has mitigated the need for general revenue funds for
this purpose. With the expansion of Medicaid and the
implementation of the Affordable Care Act, the Primary Care Centers
will experience less uncompensated care and will be in a better
position to deal with a reduction in the state subsidy for their
mortgages. Through a structured methodology, I recommend phasing
out this subsidy over the next three years. Therefore, I am
reducing the appropriation by the amount of $114,502 to $229,003.
My twelfth objection to the Bill is contained in Item 62, page
58, lines 82 through 113, which states:
Included in the above appropriation for Primary Care Centers
- Mortgage Finance (fund 0407, appropriation 41300) is $22,919 for
the mortgage payment for the Lincoln Primary Care Center, Inc.;
$24,359 for the mortgage payment for the Monroe Health Center;
$19,510 for the mortgage payment for Roane County Family Health
Care, Inc.; $22,002 for the mortgage payment for Community Care
(formerly Primary Care Systems); $9,168 for the mortgage payment
for the Belington Community Medical Services; $13,751 for the
mortgage payment for Community Care (formerly Tri-County Health
Clinic); $6,876 for the mortgage payment for Valley Health Care
(Randolph); $12,176 for the mortgage payment for WomenCare (Family
Care Health Center - Madison); $3,667 for the mortgage payment for
Northern Greenbrier Health Clinic; $5,819 for the mortgage payment
for the Women's Care, Inc. (Putnam); $9,168 for the mortgage
payment for the North Fork Clinic (Pendleton); $18,335 for the
mortgage payment for the Pendleton Community Care; $17,602 for the
mortgage payment for Clay-Battelle Community Health Center; $22,678
for the mortgage payment for Monongahela Valley Association of
Health Centers, Inc. (Marion); $15,401 for the mortgage payment for
Mountaineer Community Health Center; $5,959 for the mortgage
payment for the St. George Medical Clinic; $12,835 for the mortgage
payment for the Bluestone Health Center; $20,627 for the mortgage
payment for Wheeling Health Right; $22,002 for the mortgage payment
for the Minnie Hamilton Health Care Center, Inc.; $24,752 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.;
$20,627 for the mortgage payment for the Change, Inc.; and $13,274
for the mortgage payment for the Wirt County Health Services
Association.
Having reduced the appropriation to Primary Care Center -
Mortgage Finance in objection eleven above, I am reducing the
amount in the language on page 58, line 84 from $22,919 to $15,279,
on page 58, line 85 from $24,359 to $16,239, on page 58, line 86
from $19,510 to $13,007, on page 58, line 87 from $22,002 to
$14,668, on page 58, line 89 from $9,168 to $6,112, on page 58,
line 90 from $13,751 to $9,167, on page 58, line 92 from $6,876 to
$4,584, on page 58, line 93 from $12,176 to $8,117, on page 58,
line 95 from $3,667 to $2,445, on page 58, line 96 from $5,819 to
$3,879, on page 58, line 97 from $9,168 to $6,112, on page 58, line
98 from $18,335 to $12,223, on page 58, line 100 from $17,602 to
$11,735, on page 58, line 101 from $22,678 to $15,119, on page 58,
line 103 from $15,401 to $10,267, on page 58, line 104 from $5,959
to $3,973, on page 58, line 106 from $12,835 to $8,557, on page 58,
line 107 from $20,627 to $13,751, on page 58, line 108 from $22,002
to $14,668, on page 58, line 109 from $24,752 to $16,501, on page
58, line 111 from $20,627 to $13,751, and on page 58, line 112 from
$13,274 to $8,849.
My thirteenth objection to the Bill is contained in Item 66,
page 62, line 11, which states:
Family Resource Networks 27400 1,762,464
My recommended FY 2015 budget included an appropriation of $1,612,000 for this line item. At a time when we are facing major
future funding challenges, it is imperative that a proactive
approach be used to reduce base budget spending. Efforts are
underway to ensure this service is efficiently operated and
monitored for evidence-based results. Part of this effort will
determine if any duplication is taking place amongst the family
support programs. Cuts are never easy, but are necessary in our
State's current financial situation. Therefore, I am reducing the
appropriation by the amount of $150,464 to $1,612,000.
My fourteenth objection to the Bill is contained in Item 66,
page 62, lines 12 and 13, which states:
Domestic Violence
Legal Services Fund 38400 400,000
My recommended FY 2015 budget included an appropriation of
$370,000 for this line item. This line item is also supported by
special revenue fees from the circuit court which are adequate to
cover a reduction to this line item. Therefore, I am reducing the
appropriation by the amount of $30,000 to $370,000.
My fifteenth objection to the Bill is contained in Item 66,
page 62, line 25, which states:
In-Home Family Education 68800 1,000,000
My recommended FY 2015 budget included an appropriation of
$750,000 for this line item. Efforts are underway to ensure this
service is efficiently operated and monitored for evidence-based
results. Part of this effort will determine if any duplication is
taking place amongst the family support programs. At a time when we are facing ongoing budget challenges, it is imperative that a
proactive approach be used to reduce base budget spending to better
position the State to address anticipated budget gaps. Therefore,
I am reducing the appropriation by the amount of $250,000 to
$750,000.
My sixteenth objection to the Bill is contained in Item 66,
page 62, lines 37 through 39, which states:
Grants for Licensed Domestic
Violence Programs and
Statewide Prevention 75000 2,500,000
My recommended FY 2015 budget included an appropriation of
$2,142,100 for this line item. At a time when we are facing ongoing
budget challenges, it is imperative that a proactive approach be
used to reduce base budget spending. Cuts are never easy, but are
necessary in our State's current financial situation. Therefore, I
am reducing the appropriation by the amount of $357,900 to
$2,142,100.
My seventeenth objection to the Bill is contained in Item 66,
page 63, line 48, which states:
Children's Trust Fund - Transfer 95100 300,000
My recommended FY 2015 budget included an appropriation of
$220,000 for this line item. Efforts are underway to ensure this
service is efficiently operated and monitored for evidence-based
results. Part of this effort will determine if any duplication is
taking place amongst the family support programs. At a time when
we are facing ongoing budget challenges, it is imperative that a proactive approach be used to reduce base budget spending to better
position the State to address anticipated budget gaps. Therefore,
I am reducing the appropriation by the amount of $80,000 to
$220,000.
My eighteenth objection to the Bill is contained in Item 68,
page 66, line 1, which states:
Unclassified 09900 $16,710,103
My recommended FY 2015 budget included an appropriation of
$15,524,044 for this fund. While the programmatic appropriations I
recommended were consolidated into one Unclassified line item, the
aggregate funding level was also increased. As good stewards of the
taxpayers' dollars, there are times we must do more with less and
reduce the State's base budget. Therefore, I am reducing the
appropriation by the amount of $1,186,059 to $15,524,044.
My nineteenth objection to the Bill is contained in Item 73,
page 69, line 15, which states:
Corrections Academy 56900 1,602,129
This line increased funding for above my FY 2015
recommendation by $200,000. At a time when we are facing ongoing
budget challenges, it is imperative that a cautious and prudent
approach be taken to avoid building the State's base budget.
Therefore, I am reducing the appropriation by the amount of
$100,000 to $1,502,129.
My twentieth objection to the Bill is contained in Item 74,
page 71, lines 1 and 2, which states:
Personal Services and
Employee Benefits 00100 $59,075,965
At a time when we are facing ongoing budget challenges, it is
imperative that a cautious and prudent approach be taken to avoid
building the State's base budget. The State Police have
historically been able to transfer extra funds from Personal
Services to other lines within their budget and do not require as
large of an increase to fund the salary increases for civilian
employees required under SB 486 passed during the 2014 regular
session and the new State Troopers for the Internet Crimes Against
Children Unit. Therefore, I am reducing the appropriation by the
amount of $507,913 to $58,568,052.
My twenty-first objection to the Bill is contained in Item 74,
page 71, line 3, which states:
Children's Protection Act 09000 947,942
My recommended FY 2015 budget included an appropriation of
$935,819 for this line item. As good stewards of the taxpayers'
dollars, there are times we must do more with less and reduce the
State's base budget. Therefore, I am reducing the appropriation by
the amount of $12,123 to $935,819.
My twenty-second objection to the Bill is contained in Item
74, page 71, line 4, which states:
Current Expenses 13000 11,219,232
My recommended FY 2015 budget included an appropriation of
$10,397,784 for this line item. At a time when we are facing
ongoing budget challenges, it is imperative that a proactive
approach be used to reduce base budget spending. Therefore, I am reducing the appropriation by the amount of $821,448 to
$10,397,784.
My twenty-third objection to the Bill is contained in Item 74,
page 71, line 6, which states:
Vehicle Purchase 45100 2,403,790
At a time when we are facing ongoing budget challenges, it is
imperative that a cautious and prudent approach be taken to avoid
building the State's base budget. Therefore, I am reducing the
appropriation by the amount of $903,790 to $1,500,000.
My twenty-fourth objection to the Bill is contained in Item
74, page 71, lines 8 and 9, which states:
Communications and
Other Equipment (R) 55800 1,338,968
My recommended FY 2015 budget included an appropriation of
$1,268,968 for this line item. At a time when we are facing
ongoing budget challenges, it is imperative that a cautious and
prudent approach be taken to avoid building the State's base
budget. Therefore, I am reducing the appropriation by the amount
of $70,000 to $1,268,968.
My twenty-fifth objection to the Bill is contained in Item 74,
page 71, line 10, which states:
Trooper Retirement Fund 60500 4,625,240
Having reduced the appropriation for Personal Services and
Employee Benefits in objection twenty above, it is necessary to
reduce the appropriation proportionally for retirement matching.
Therefore, I am reducing the appropriation by the amount of $38,899 to $4,586,341.
My twenty-sixth objection to the Bill is contained in Item 74,
page 71, line 11, which states:
Handgun Administration Expense 74700 81,668
My recommended FY 2015 budget included an appropriation of
$80,240 for this line item. Cuts are never easy, but are necessary
in our State's current fiscal situation. Therefore, I am reducing
the appropriation by the amount of $1,248 to $80,420.
My twenty-seventh objection to the Bill is contained in Item
74, page 71, lines 12 and 13, which states:
Capital Outlay and
Maintenance (R) 75500 314,425
My recommended FY 2015 budget included an appropriation of
$250,000 for this line item. At a time when we are facing ongoing
budget challenges, it is imperative that a cautious and prudent
approach be taken to avoid building the State's base budget.
Therefore, I am reducing the appropriation by the amount of $64,425
to $250,000.
My twenty-eighth objection to the Bill is contained in Item
74, page 71, lines 16 and 17, which states:
Automated Fingerprint
Identification System 89800 704,920
My recommended FY 2015 budget included an appropriation of
$671,994 for this line item. At a time when we are facing ongoing
budget challenges, it is imperative that a cautious and prudent
approach be taken to avoid building the State's base budget. Therefore, I am reducing the appropriation by the amount of $32,926
to $671,994.
My twenty-ninth objection to the Bill is contained in Item 76,
page 73, line 5, which states:
Child Advocacy Centers (R) 45800 1,702,466
At a time when we are facing ongoing budget challenges, it is
imperative that a proactive approach be used to reduce base budget
spending to better position the State to address anticipated budget
gaps. Therefore, I am reducing the appropriation by the amount of
$200,000 to $1,502,466, which is the FY 2014 funding level.
My thirtieth objection to the Bill is contained in Item 76,
page 73, lines 8 and 9, which states:
Sexual Assault Forensic
Examination Commission 71400 150,000
This is a new program for which a necessary level of
appropriation has not yet been established. In light of this
uncertainty and the ongoing budget challenges we are facing, a
cautious and prudent approach be taken to control and limit new
spending and the State's base budget. Therefore, I am reducing the
appropriation by the amount of $50,000 to $100,000.
My thirty-first objection to the Bill is contained in Item 90,
page 82, lines 1 through 4, which states:
Transfer to Division of
Human Services for Health
Care and Title XIX Waiver
for Senior Citizens 53900 $19,457,690
At a time when we are facing major future funding challenges,
it is imperative that a cautious and prudent approach be taken to
slow growth in the State's base budget. The above appropriation
expands an optional Medicaid program. Providing services to our
seniors in their homes is an important option. Therefore, I have
directed the Secretary of the Department of Health and Human
Resources to evaluate all the care provided to our seniors to
ensure appropriate utilization of services. The expansion of
Medicaid and the implementation of the Affordable Care Act should
be monitored prior to significantly expanding any program without
utilization data. Therefore, I am reducing the appropriation by
the amount of $3,500,000 to $15,957,690. Notwithstanding, this
appropriation provides an additional 335 slots in the program.
My thirty-second objection to the Bill is contained in Item
91, page 83, lines 7 and 8, which states:
West Virginia Advance
Workforce Development (R) 89300 3,645,095
This line represents a $400,000 increase above my recommended
FY 2015 budget. As good stewards of the taxpayers' dollars, it is
imperative that a cautious and prudent approach be taken to avoid
building the State's base budget. Therefore, I am reducing the
appropriation by the amount of $200,000 to $3,445,095, which is
still above the FY 2014 funding level for this line item.
My thirty-third objection to the Bill is contained in Item 91,
pages 83 and 84, lines 33 through 37, which states:
Included in the above appropriation for West Virginia Advance Workforce Development (fund 0596, appropriation 89300) is an
additional $400,000 to be used exclusively for advanced
manufacturing and energy industry specific training programs.
Having reduced the appropriation to West Virginia Advance
Workforce Development in objection thirty-two above, I am reducing
the amount in the language on page 83, line 35 from $400,000 to
$200,000.
My thirty-fourth objection to the Bill is contained in Item
96, page 85, lines 1 and 2, which states:
West Virginia University -
Parkersburg 47100 $10,081,330
My recommended FY 2015 budget included an appropriation of
$9,858,752 for this line item. At a time when we are facing
ongoing budget challenges, it is imperative that a proactive
approach be used to reduce base budget spending to better position
the State to address anticipated budget gaps. Therefore, I am
reducing the appropriation by the amount of $222,578 to $9,858,752.
My thirty-fifth objection to the Bill is contained in Item
104, page 90, line 1, which states:
West Virginia University 45900 $103,099,869
At a time when we are facing ongoing budget challenges, it is
imperative that a cautious and prudent approach be taken to slow
the growth in the State's base budget. Therefore, I am reducing
the appropriation by the amount of $100,000 to $102,999,869.
My thirty-sixth objection to the Bill is contained in Item
104, pages 90 and 91, lines 18 through 45, which states:
Included in the above appropriation for West Virginia
University (fund 0344, appropriation 45900) is $34,500 for the
Marshall and WVU Faculty and Course Development International Study
Project; $546,429 for the WVU Law School - Skills Program; $300,000
for the WVU Coal and Energy Research Bureau to be expended in
consultation with the Board of Coal Mine Health and Safety, the
Mine Safety Technology Task Force, and the DEP Advisory Council;
$19,714 for the WVU College of Engineering and Mineral Resources -
Diesel Training - Transfer; $500,000 for the Mining Engineering
Program; $220,000 for the WVU Petroleum Engineering Program;
$82,500 for the WVU - Sheep Study; $630,000 for the Davis College
of Forestry Agriculture and Consumer Sciences of which $80,000 is
for a Landscape Architect, $112,500 is to be used for Morgantown
Farms, $112,500 is to be used for repairs at the Raymond Memorial
Farm, $112,500 is to be used for Reedsville Farm, and $112,500 is
to be used for Kerneysville Farm; $200,000 for Reedsville Arena and
Jackson's Mill Arena; $100,000 for the WVU - Soil Testing Program;
$100,000 for a veterinarian; $50,000 for the WVU Cancer Study;
$500,000 for the Center for Multiple Sclerosis Program; $150,000
for the WV Alzheimer Disease Register; $100,000 for the rifle team;
$125,000 is for the West Virginia University National Center of
Excellence in Women's Health; and $30,000 for the West Virginia
University Extension Service to develop a cyber-bullying prevention
program.
Having reduced the appropriation to West Virginia University
in objection thirty-five above, I am reducing the amount in the language on page 90, line 21 from $546,429 to $446,429. The
language also directs additional expenditures without increasing
the appropriation, placing a greater strain on current resources.
Therefore, I am deleting the phrase on page 91, line 41 through
line 43, "$125,000 is for the West Virginia University National
Center of Excellence in Women's Health;".
My thirty-seventh objection to the Bill is Item 149, page 112,
lines 1 through 5, which states:
From the balance of funds in the Department of Administration,
Board of Risk and Insurance Management, Premium Tax Savings Fund
(fund 2367) the amount of $2,216,846 shall be expired to the
Medical Services Trust Fund (fund 5185).
The Board of Risk and Insurance Management - Premium Tax
Savings Fund is not the proper place to make an expiration to the
Medical Services Trust Fund. Therefore, I am deleting the language
in its entirety, page 112, lines 1 through 5.
My thirty-eighth objection to the Bill is contained in Item
233, page 146, lines 1 and 2, which states:
Medical Services Trust Fund -
Transfer 51200 $147,552,295
While we are forced, for the first time, to utilize a portion
of our Revenue Shortfall Reserve Fund to fund rising state Medicaid
appropriations, it is critical that appropriate actions be taken to
minimize the usage of the fund, which, among others, is a factor in
the state's bond rating. Early projections for next year's FY 2016
budget show a budget gap that must be addressed next year and maintaining a healthy balance in the Revenue Shortfall Reserve Fund
will serve West Virginians well.
Through the actions in this veto message, and the actions of
the Legislature in the passage of HB 101 during the 2014 first
extraordinary session, there will be additional funds available to
appropriate to Medicaid at a later time. This allows the
appropriation to Medicaid from the Revenue Shortfall Reserve Fund
to be decreased to a more responsible level. Therefore, I am
reducing the appropriation by the amount of $47,552,295 to
$100,000,000.
My thirty-ninth objection to the Bill is contained in Item
287, page 170, line 1, which states:
Current Expenses 13000 $3,653,750
This is a significant increase over the FY 2014 appropriation.
At a time when we are facing ongoing budget challenges, it is
imperative that a cautious and prudent approach be taken to slow
the growth in the State's base budget. Therefore, I am reducing
the appropriation by the amount of $2,384,375 to $1,269,375.
My fortieth objection to the Bill is contained in Item 291,
page 182, line 5, which states:
Libraries - Special Projects (R) 62500 786,250
At a time when we are facing ongoing budget challenges, it is
imperative that a cautious and prudent approach be taken to avoid
building the State's base budget. Therefore, I am reducing the
appropriation by the amount of $786,250 to $0.
My forty-first objection to the Bill is contained in Item 292, page 183, lines 8 and 9, which states:
Senior Citizen Centers and
Programs (R) 46200 2,284,750
This is a significant increase over the FY 2014 appropriation
and this line item has a substantial reappropriated balance
available. At a time when we are facing ongoing budget challenges,
it is imperative that a cautious and prudent approach be taken to
avoid growth in the State's base budget. Therefore, I am reducing
the appropriation by the amount of $1,284,750 to $1,000,000.
My forty-second objection to the Bill is contained in Item
292, page 183, lines 25 and 26, which states:
In-Home Services and Nutrition
for Senior Citizens 91700 4,420,941
At a time when we are facing ongoing budget challenges, it is
imperative that a proactive approach be used to reduce base budget
spending. Cuts are never easy, but are necessary in our State's
current financial situation. Therefore, I am reducing the
appropriation by the amount of $100,000 to $4,320,941.
For the reasons stated herein, I have approved, subject to the
above objections, Enrolled Committee Substitute for Senate Bill No.
306.
Sincerely,
Earl Ray Tomblin
Governor.
Veto Messages
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 25, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 12.
I disapprove this bill because there is a technical error in
the provision amending section three, article five, chapter thirty.
Specifically, the bill purports to amend subsection (g) of this
section as it appeared prior to the enactment of House Bill No.
2577 in 2013. House Bill No. 2577 rewrote article five, and made
wholesale changes to section three -- including the elimination of
all subsections. The amendment made to section three in Senate
Bill No. 12 adds language to a subsection that does not appear in
current law.
For this reason, I must disapprove the bill.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Jeffrey V. Kessler
The Honorable Timothy R. Miley
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 25, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 2165. This bill,
if signed into law, would require the State Registrar and the
clerks of the county commissions to issue, without charging a fee,
no more than two certified copies of a veteran's death certificate
to certain individuals. Although the bill's title references its
impact on clerks of the county commissions, it fails to address the
new obligations the bill would impose on the State Registrar. In
these circumstances, the title is defective and I must, therefore,
disapprove and return Enrolled Committee Substitute for House Bill
No. 2165.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Timothy R. Miley
The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 28, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 4425, which amends
West Virginia Code §15-2-7. Unfortunately, this code section was
also amended during the 2014 Regular Session of the Legislature in
Enrolled Committee Substitute for Committee Substitute for Senate
Bill No. 486. Because these bills contain alternative versions of
the same code section, only one may become law. Therefore, I
disapprove and return Enrolled Committee Substitute for House Bill
No. 4425.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Timothy R. Miley
The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 28, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 4588. I am advised the bill is
unconstitutional under controlling precedent of the Supreme Court
of the United States. See
Planned Parenthood of Southeastern
Pennsylvania v. Casey, 505 U. S. 833, 879 (1992) (holding a state
"may not prohibit any woman from making the ultimate decision to
terminate her pregnancy before viability"); see also
Isaacson v.
Horne, 716 F.3d 1213 (9th Cir. 2013),
cert. denied, 134 S. Ct. 905
(Jan. 13, 2014) (declaring unconstitutional Arizona's fetal pain
statute prohibiting the termination of pregnancy at twenty weeks
gestation, before the fetus is viable).
The bill is also problematic because it unduly restricts the
physician-patient relationship. All patients, particularly
expectant mothers, require the best, most unfettered medical
judgment and advice from their physicians regarding treatment
options. The medical community has made it clear to me that the
criminal penalties this bill imposes will impede that advice and
those options to the detriment of the health and safety of expectant mothers. West Virginia has a need for qualified,
competent physicians. I fear this bill, if signed into law, would
make it difficult for the Mountain State to attract and retain the
obstetricians and gynecologists it requires.
In disapproving and returning the bill, I wish to highlight
that I have the utmost respect for the legislative process and for
the views of my able friends in the West Virginia Senate and House
of Delegates on both sides of this difficult issue -- an issue
that, as Justice Blackmun observed, "raises moral and spiritual
questions over which honorable persons can disagree sincerely and
profoundly." See
Thornburgh v. American College of Obstetricians
and Gynecologists, 476 U. S. 747, 772 (1986). I believe there is
no greater gift of love than the gift of life. I have stated this
time and again throughout my career and it is reflected in my
legislative voting record. However, as the Governor of West
Virginia, I am duty bound to "support the Constitution of the
United States and the Constitution of this State." See W. Va.
Const. art. IV, §5. It is in this role that I disapprove and
return Enrolled House Bill No. 4588.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Timothy R. Miley
The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 31, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Senate Bill No. 426. If signed into law, this bill would,
among other things, require gubernatorial appointments to the
Higher Education Policy Commission, institutional boards of
governors, and the Council for Community and Technical College
Education to be made within certain limited time constraints. The
deadlines set forth in the bill would unreasonably restrict the
time required to thoughtfully investigate and deliberate on
candidates for appointment. In these circumstances, the bill
restricts the broad powers of appointment afforded to the governor
by the Constitution of West Virginia. See W. Va. Const. art. VII,
§8. Consequently, I must disapprove and return Enrolled Senate
Bill No. 426.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Jeffrey V. Kessler
The Honorable Timothy R. Miley
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 31, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 4254.
The aim of this bill--granting certain state employees a
temporary leave of absence with pay and benefits to assist
emergency aid providers during a declared State of Emergency--is
admirable. However, the bill lacks critical details. For example,
it authorizes and pays an employee to render aid in a disaster area
where he or she could be exposed to danger, but fails to shield the
state from liability. It also fails to address insurance coverage
issues. Further, it does not provide the employees' immediate
supervisors with guidance or criteria to consider in their
assessment of whether to approve requests for paid leave. In these
circumstances, the Legislature may wish to reconsider this bill in
the future with an eye toward clarifying the details of Enrolled
Committee Substitute for House Bill No. 4254.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Timothy R. Miley
The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 31, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 4343. This bill
aims to attract new businesses to economically depressed areas of
the state by authorizing broad tax exemptions and credits for
locating within a defined district, employing residents of the
district, and basing operations on state-of-the-art technology.
The goals of the "Project Launchpad Act" are admirable, and I
applaud its stakeholders and the Legislature for their hard work on
this unique economic development effort. However, I am advised by
the State Tax Department that the bill, as presently drafted, is
problematic and unworkable for multiple reasons. The bill, for
instance, contains a host of technical errors and inconsistencies. The Department of Commerce has also expressed concerns about the
bill and the administrative challenges it would pose, if signed.
In light of the foregoing, I must disapprove and return
Enrolled Committee Substitute for House Bill No. 4343.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Timothy R. Miley
The Honorable Jeffrey V. Kessler
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 1, 2014
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary of State Tennant:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 477.
I support the policy that teachers should be provided planning
periods that are reasonably unburdened by other demands. However,
the revisions made to W. Va. Code §18A-4-14 prevent principals and
teachers from working in a collaborative manner to arrange the
instructional day. It is vital that West Virginia law reflect education policies that encourage mutual administrative engagement
in joint planning. Research demonstrates this type of cooperation
has a profoundly positive impact on effective teacher instruction
and increases student achievement.
Senate Bill No. 477 would also impose additional costs on the
already strained budgets of county boards of education. In light
of the negative impact on teacher collaboration and county board of
education budgets, I must disapprove and return Enrolled Committee
Substitute for Senate Bill No. 477.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Jeffrey V. Kessler
The Honorable Timothy R. Miley
All business of the sixty-day and extended session now being
concluded,
Senator Kirkendoll, from the select committee to notify His
Excellency, the Governor, that the Senate is ready to adjourn
sine
die, returned to the chamber and was recognized by the President.
Senator Kirkendoll then reported this mission accomplished.
Thereupon,
On motion of Senator Unger, the Senate adjourned
sine die.
__________