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SENATE (2010)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal




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sdj-67th day SATURDAY, MARCH 20, 2010
     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable C. Randy White, a senator from the eleventh district.
     Pending the reading of the Journal of Friday, March 19, 2010,
     On motion of Senator Unger, the Journal was approved and the further reading thereof dispensed with.
     The Clerk presented a communication from the Commission on Uniform State Laws, submitting its annual report, in accordance with chapter twenty-nine, article one-a, section four of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate proceeded to the third order of business.
Executive Communications

     The Clerk then presented a communication from His Excellency, the Governor, advising that on March 19, 2010, he had approved Enr. House Bill No. 2485, Enr. Committee Substitute for House Bill No. 4167, Enr. Committee Substitute for House Bill No. 4211, Enr. Committee Substitute for House Bill No. 4359, Enr. Committee Substitute for House Bill No. 4589 and Enr. Committee Substitute for House Bill No. 4669.
     The Senate proceeded to the fourth order of business.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of March, 2010, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. No. 4604), Increasing the criminal penalties for persons who obstruct, flee from or make false statements to law-enforcement officers
.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.

     The Senate proceeded to the fifth order of business.
     Senator Helmick, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for Senate Bill No. 213, Budget bill, making appropriations of public money out of the Treasury in accordance with section fifty-one, Article VI of the Constitution.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendment of the House of Delegates to Engrossed Committee Substitute for Senate Bill No. 213 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: See Enrolled Committee Substitute for Senate Bill No. 213.]
                              Respectfully submitted,
     Walt Helmick, Chair, Brooks F. McCabe, Jr., Robert H. Plymale, Edwin J. Bowman, Roman W. Prezioso, Jr., Karen L. Facemyer, Conferees on the part of the Senate.
     
Harry Keith White, Chair, Thomas W. Campbell, Mary M. Poling, K. Steven Kominar, Don C. Perdue, Bill Anderson, Conferees on the part of the House of Delegates.
     Senator Helmick, Senate cochair of the committee of conference, was recognized to explain the report.
     Following discussion,
     Thereafter, on motion of Senator Helmick, the report was taken up for immediate consideration and adopted.
     The Clerk announced that the following notice of pairs on the passage of the bill was on his desk:
     Senator Edgell--Yea.               Senator Barnes--Nay.
     Engrossed Committee Substitute for Senate Bill No. 213, as amended by the conference report, was then put upon its passage.
     On the passage of the bill, as amended, the yeas were: Boley, Bowman, Browning, Chafin, Deem, D. Facemire, K. Facemyer, Fanning, Foster, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Caruth, Green and Stollings--3.
     Paired: Edgell (For), Barnes (Against)--2.
     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. 213) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Chafin, Deem, D. Facemire, K. Facemyer, Fanning, Foster, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Caruth, Edgell, Green and Stollings--5.
     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. 213) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Without objection, the Senate returned to the third order of business.
Executive Communications

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

OFFICE OF THE GOVERNOR

CHARLESTON

March 17, 2010

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 336.
     Enrolled Committee Substitute for Senate Bill No. 336 amends a section of the Code of West Virginia that prohibits hunting on the lands of another without permission from the owner. If approved, the bill would establish the misdemeanor crime of killing or injuring a private game farm animal without the owner's permission. Unfortunately, the title of Enrolled Committee Substitute for Senate Bill No. 336 fails to reference the creation of a new crime. Accordingly, I find the title inconsistent with the substance of the bill so as to render the bill constitutionally deficient.
     For this reason, I must veto Enrolled Committee Substitute for Senate Bill No. 336.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
     Senator Chafin moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
     Enr. Com. Sub. for Senate Bill No. 336, Authorizing Division of Wildlife Resources recover possession or restitution value of certain animals.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 336, the same was put and prevailed.
     On motion of Senator Fanning, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Enr. Com. Sub. for Senate Bill No. 336--An Act to amend and reenact §20-2-5a and §20-2-7 of the Code of West Virginia, 1931, as amended, all relating to forfeiture and restitution by persons causing injury or death to game, protected species of animal or private game farm animals; adding additional replacement value for antlered deer based upon antler spread; increasing the forfeiture amount for illegally taken game fish or fish of a protected species; clarifying forfeiture procedures and costs; ordering restitution for private game farm animals; creating a new crime; and providing for criminal penalties.
     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: Boley, Bowman, Browning, Chafin, Deem, D. Facemire, K. Facemyer, Fanning, Foster, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Caruth, Edgell, Green and Stollings--5.
     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. 336) passed with its title, as amended, as a result of the objections of the Governor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 18, 2010

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 376.
     I must object to this bill because its proposed title does not reference a section of the West Virginia code purportedly amended by the bill. Accordingly, I find the title of the bill inconsistent with the substance of the bill, so as to render Enrolled Committee Substitute for Senate Bill No. 376 constitutionally defective. For this reason, I must veto this legislation.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
     Senator Chafin moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
     Enr. Com. Sub. for Senate Bill No. 376, Relating to residential mortgage foreclosure data.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 376, the same was put and prevailed.
     On motion of Senator Minard , the following amendment to the title of the bill was reported by the Clerk and adopted:
     Enr. Com. Sub. for Senate Bill No. 376-- An Act to amend and reenact §31-18-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §31A-2-4c of said code; to amend and reenact §38- 1-8a of said code; to amend and reenact §44-13-4a of said code; and to amend and reenact §59-1-10 of said code, all relating to gathering, compilation and publication of residential mortgage foreclosure data; expanding the powers and duties of the West Virginia Housing Development Fund to include the receipt, compilation and publication of mortgage foreclosure data and reports contained in reports of sale filed by trustees with county clerks; providing the West Virginia Housing Development Fund with the authority to require additional information to be filed with the reports of sale; transferring the jurisdiction, powers and duties relative to the receiving, compiling into an electronic data base and making the data available from the Commissioner of Banking to the West Virginia Housing Development Fund; providing that mortgage financial data and reports received by the Commissioner of Banking under the code provisions prior to the effective date be supplied to the West Virginia Housing Development Fund; providing that the portion of the fee paid for recording the trustee's report of sale that is paid by county clerks to the Division of Banking be paid to the West Virginia Housing Development Fund; and establishing an effective date of July 1, 2010.
     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: Boley, Bowman, Browning, Chafin, Deem, D. Facemire, K. Facemyer, Fanning, Foster, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Caruth, Edgell, Green and Stollings--5.
     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. 376) passed with its title, as amended, as a result of the objections of the Governor.
     Senator Chafin moved that the bill take effect July 1, 2010.
     On this question, the yeas were: Boley, Bowman, Browning, Chafin, Deem, D. Facemire, K. Facemyer, Fanning, Foster, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Caruth, Edgell, Green and Stollings--5.
     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. 376) takes effect July 1, 2010.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Tomblin (Mr. President) next laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 19, 2010

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 483.
     I must object to this bill because its proposed title does not reference a section of the West Virginia code purportedly amended by the bill. Accordingly, I find the title of the bill inconsistent with the substance of the bill, so as to render Enrolled Committee Substitute for Senate Bill No. 483 constitutionally defective. For this reason, I must veto this legislation.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
     Senator Chafin moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
     Enr. Com. Sub. for Senate Bill No. 483, Authorizing HMOs offer point of service option.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 483, the same was put and prevailed.
     On motion of Senator Minard, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Enr. Com. Sub. for Senate Bill No. 483-- An Act to amend and reenact §33-25A-2 and §33-25A-5 of the Code of West Virginia, 1931, as amended, relating to health maintenance organizations; authority to provide a point of service option; and authority for the Office of the Insurance Commissioner to develop standards for a point of service option by legislative and emergency rule.
     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: Boley, Bowman, Browning, Chafin, Deem, D. Facemire, K. Facemyer, Fanning, Foster, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Caruth, Edgell, Green and Stollings--5.
     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. 483) 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.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senator Chafin.
     On motion of Senator Chafin, the Senate recessed for ten minutes.
     Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications

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

OFFICE OF THE GOVERNOR

CHARLESTON

March 16, 2010

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4187.
     I must object to this bill because its object is not adequately expressed in the title. The bill would continue the Hazardous Waste Management Fee Fund, which is set to expire on June 30, 2010. The bill would also continue the collection of an annual certification fee that is set to expire on the same date. Unfortunately, the title of the bill refers to the Hazardous Waste Management Fund, which is a separate fund from the Hazardous Waste Management Fee Fund. The title also does not reference the continuation of the annual certification fee.
     I must object to this bill because its proposed title does not adequately reflect the amendments it purports to make to the West Virginia Code. A reasonable person would not be able to discern the amendments without reading the entire text of the bill. For this reason, I must veto Enrolled Committee Substitute for House Bill No. 4187.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     The Honorable Natalie E. Tennant

     A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, to take effect from passage, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of
     Enr. Com. Sub. for House Bill No. 4187, Continuing the current hazardous waste management fee until 2015.
     On motion of Senator Chafin, the message was taken up for immediate consideration.
     Senator Chafin 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. 4187), heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for House Bill No. 4187, the same was put and prevailed.
     On motion of Senator Chafin, the Senate concurred in the following House of Delegates amendment to the title of the bill:
     Enr. Com. Sub. for House Bill No. 4187--An Act to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to extending the termination date of the Hazardous Waste Management Fee Fund; and continuation of the annual certification fee.
     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: Boley, Bowman, Browning, Chafin, Deem, D. Facemire, K. Facemyer, Fanning, Foster, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Caruth, Edgell, Green and Stollings--5.
     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. 4187) passed with its title, as amended, as a result of the objections of the Governor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 19, 2010

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Thompson:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4604.
     Enrolled Committee Substitute for House Bill No. 4604 relates to crimes against law enforcement, probation and parole officers. The bill increases penalties for certain crimes and establishes a new crime for reckless fleeing from law-enforcement officers, parole officers and probation offices. Although I support the substance of this legislation, a technical drafting error in the body of the bill renders a certain sentencing provision ambiguous. For this reason, I must veto the bill and return it to the Legislature for reconsideration.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     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. 4604, Increasing the criminal penalties for persons who obstruct, flee from or make false statements to law-enforcement officers.
     On motion of Senator Chafin, the message was taken up for immediate consideration.
     Senator Chafin 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. 4604), heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for House Bill No. 4604, the same was put and prevailed.
     On motion of Senator Chafin, the Senate concurred in the following House of Delegates amendments to the bill:
     On page three, section seventeen, line forty-five, by striking out the words "imprisoned in";
     On page three, section seventeen, line forty-six, by striking out the word "nor" and inserting in lieu thereof the word "not";
     On page three, section seventeen, line forty-six, by striking out the comma and the words "or both";
     And,
     By striking out the title and substituting therefor a new title, to read as follows:
     Enr. Com. Sub. for House Bill No. 4604--An Act to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for crimes against law enforcement, probation and parole officers; establishing crime for disarming or attempting to disarm probation and parole officers; establishing new crime for reckless fleeing from law- enforcement officers and parole and probation officers; increasing penalties for fleeing or attempting to flee in a vehicle causing property damage; increasing penalties for fleeing or attempting to flee in a vehicle causing injury; increasing penalties for fleeing or attempting to flee in a vehicle causing death; and designating this act as the "Jerry Alan Jones Act".
     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: Boley, Bowman, Browning, Chafin, Deem, D. Facemire, K. Facemyer, Fanning, Foster, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--29.
     The nays were: None.
     Absent: Barnes, Caruth, Edgell, Green and Stollings--5.
     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. 4604) 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.
     The Senate again proceeded to the twelfth order of business.
     Remarks were made by Senator Helmick.
     On motion of Senator Chafin, the Senate recessed for fifteen minutes.
     Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the 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. 213, 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, with its Senate amended title , 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
     Eng. Com. Sub. for Senate Bill No. 336, Authorizing Division of Wildlife Resources recover possession or restitution value of certain animals.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, with its Senate amended title, to take effect July 1, 2010, 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
     Eng. Com. Sub. for Senate Bill No. 376, Relating to residential mortgage foreclosure data.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, with its Senate amended title, 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. 483, Authorizing HMOs offer point of service option.
     The Senate proceeded to the sixth order of business.
     At the request of Senator Chafin, unanimous consent being granted, Senator Chafin offered the following resolution from the floor:
     Senate Resolution No. 58--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 Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senator Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
     Senators Unger, Browning and Sypolt.
     At the request of Senator Chafin, and by unanimous consent, Senator Chafin offered the following resolution from the floor:
     Senate Resolution No. 59--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 Chafin, 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 Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate is ready to adjourn:
     Senators White, Snyder and Sypolt.
     Thereafter, the President recognized the presence of a three- member delegation from the House of Delegates, namely:
     Delegates D. Walker, Smith and Shott, 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 Fragale, Poore and Hamilton, 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 White, Snyder and Sypolt, comprising the Senate committee, then joined with the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent legislative adjournment, and receive any message he might desire to transmit to the members of the Senate.
     The Senate proceeded to the fourth order of business.
     Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has conducted a complete examination of the Senate Clerk's office; and in compliance with the Rules of the Senate, reports that it has found all papers belonging to said office properly filed, labeled and put away in presses; and that the books belonging to the office are chronologically arranged.
     In the opinion of the committee, the office is being handled in a proper, efficient and commendable manner.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     On motion of Senator Palumbo, 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 Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of March, 2010, 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. 4504), Adopting the Uniform State Military Code of Justice into West Virginia law.
     (H. B. No. 4524), Revising the definition of "all-terrain vehicle" and including a definition for utility terrain vehicle.
     (Com. Sub. for H. B. No. 4541), Authorizing circuit court judges and magistrates to utilize county or municipal jails to detain persons charged with a crime up to ninety-six hours, or, to confine persons convicted of a crime for not more than fourteen days.
     (Com. Sub. for H. B. No. 4557), Reviewing all of the Department of Health and Human Resources requests for proposals or change orders valued at over $500,000 prior to their release.
     (H. B. No. 4559), Relating to the requirements to be certified as a registered forester.
     (H. B. No. 4593), Relating to high school graduation improvement.
     (Com. Sub. for H. B. No. 4615), Authorizing political subdivisions to establish risk pools to insure their workers' compensation risks.
     (Com. Sub. for H. B. No. 4623), Adding six additional members to the Equal Pay Commission, three from the House of Delegates and three from the Senate.
     (Com. Sub. for H. B. No. 4630), Relating to refunding of appraisal fees.
     (H. B. No. 4668), Making a supplementary appropriation to the Crime Victims Compensation Fund, the Department of Education and the Arts - Division of Culture and History, and to the Department of Environmental Protection.
     And,
     (H. B. No. 4670), Making a supplementary appropriation to the Department of Agriculture, to the Department of Health and Human Resources, to the Department of Revenue - Racing Commission, to the Bureau of Senior Services and to the Higher Education Policy Commission.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of March, 2010, 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. 38), Creating WV Servicemembers Civil Relief Act.
     (Com. Sub. for S. B. No. 51), Relating to child custody plans for National Guard or military reserve parents.
     (Com. Sub. for S. B. No. 337), Requiring Racetrack Video Lottery Fund be used for certain payments.
     (S. B. No. 372), Updating language in WV Medical Practice Act.
     (Com. Sub. for Com. Sub. for S. B. No. 398), Prohibiting landfill disposal of certain electronic devices.
     (S. B. No. 442), Clarifying PEIA Finance Board may offset certain annual retiree premium increases.
     (Com. Sub. for S. B. No. 490), Relating to domestic violence.
     (Com. Sub. for S. B. No. 494), Providing fiduciary commissioner oversight.
     (S. B. No. 510), Extending DNR license and stamp fees sunset provision.
     (S. B. No. 511), Relating to tagging and checking beaver pelts.
     (S. B. No. 512), Increasing game trap markings.
      And,
     (Com. Sub. for Com. Sub. for S. B. No. 597), Requiring women seeking abortion opportunity to see fetus ultrasound image.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 25th day of March, 2010, 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. 213), Budget Bill.
     (H. B. No. 4142), Relating to the board of sanitarians.
     (Com. Sub. for H. B. No. 4145), Providing services and facilities to assist student veterans at state institutions of higher education.
     (Com. Sub. for H. B. No. 4155), Permitting revenues allocated to volunteer and part time fire departments to be used for Workers' Compensation premiums and length of service awards.
     (Com. Sub. for H. B. No. 4166), Expanding the age for firefighters over thirty-five years of age for persons already employed by another paid fire department.
     (Com. Sub. for H. B. No. 4182), Relating to the emergency medical services retirement system act.
     (Com. Sub. for H. B. No. 4188), Anti-Criminal Street Gang Act.
     (Com. Sub. for H. B. No. 4354), Relating to conditions and arrests in domestic violence matters.
     (H. B. No. 4373), Eliminating the twelve-month look-back period for certain children who have had employer sponsored insurance.
     And,
     (H. B. No. 4416), Declaring certain claims against the state and its agencies to be moral obligations of the state and directing payments thereof.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 26th day of March, 2010, 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. 4134), Removing non-utilized code sections.
     (H. B. No. 4138), Relating to the practice of medical imaging and radiation therapy.
     (Com. Sub. for H. B. No. 4140), Relating to the board of physical therapy.
     (Com. Sub. for House Bill No. 4164), Creating of a pilot program for the placement of children four to ten years of age in foster care which shall be known as Jacob's Law.
     (Com. Sub. for H. B. No. 4172), Authorizing the Division of Motor Vehicles to issue special license plates for members of certain organizations upon approval of the commissioner.
     (Com. Sub. for H. B. No. 4176), Relating to credentialing of health care practitioners.
     (H. B. No. 4247), Providing counties the discretion to accompany an electronic poll book with a printed poll book.
     (H. B. No. 4277), Authorizing the Secretary of the Department of Environmental Protection to issue National Pollutant Discharge Elimination System permits.
     (Com. Sub. for H. B. No. 4285), Relating to the licensing of residential mortgage brokers, lenders and loan originators by the Division of Banking.
     And,
     (Com. Sub. for H. B. No. 4339), Relating to collecting debts through the United States Treasury Offset Program.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.

     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 29th day of March, 2010, 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. 237), Authorizing issuance of revenue bonds for public projects.
     ( Com. Sub. for S. B. No. 362), Prohibiting providing false information to obtain controlled substances prescription.
     (Com. Sub. for S. B. No. 422), Limiting liability for nonhealth care provider defibrillator users.
     (Com. Sub. for S. B. No. 446), Clarifying deceased public employees' survivors participate in comprehensive group health insurance plans only.
     (Com. Sub. for S. B. No. 457), Repealing certain outdated code sections and eliminating penalties for displaying certain flags.
     (Com. Sub. for S. B. No. 462), Limiting State Police applicants' age.
     (Com. Sub. for S. B. No. 498), Updating language relating to adult social services.
     (S. B. No. 499), Changing names of certain community and technical colleges.
     (S. B. No. 526), Finding and declaring certain claims against state.
     (S. B. No. 533), Revising statutory language regarding child abuse.
     (S. B. No. 547), Correcting inconsistency in school board levies' code.
     (S. B. No. 573), Allowing audits published electronically with notice to proper authorities.
     (S. B. No. 574), Declaring December 7 special memorial day.
     (Com. Sub. for S. B. No. 596), Exempting Adjutant General and National Guard from certain leasing and accounting requirements.
     (S. B. No. 611), Removing location requirement for certain higher education offices.
     (Com. Sub. for S. B. No. 624), Relating to Secretary of State annual reports' filing deadlines.
     (S. B. No. 627), Increasing civil and criminal penalties for littering.
     (S. B. No. 633), Depositing public funds into certain federally insured accounts.
     (S. B. No. 635), Requiring State Fire Commission approve certain county and municipal fire ordinances and regulations.
     (Com. Sub. for H. B. No. 4108), Authorizing miscellaneous agencies and boards to promulgate legislative rules.
     (Com. Sub. for H. B. No. 4143), Relating to emergency medical services.
     (H. B. No. 4144), Relating to the board of veterinary medicine.
     (Com. Sub. for H. B. No. 4186), Relating to the practice of nursing home administration.
     (Com. Sub. for H. B. No. 4194), Codifying the Division of Criminal Justice Services being incorporated into the Department of Military Affairs and Public Safety.
     (Com. Sub. for H. B. No. 4201), Creating the Livestock Care Standards Board.
     (Com. Sub. for H. B. No. 4223), Increasing the safety of school children that use school buses.
     (Com. Sub. for H. B. No. 4248), Relating to the solicitation of charitable funds.
     (Com. Sub. for H. B. No. 4260), Relating to insurance adjusters.
     (Com. Sub. for H. B. No. 4273), Relating to professional employer organizations.
     And,
     (Com. Sub. for H. B. No. 4281), Replacing references to "mental retardation" with "intellectual disability".
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 30th day of March, 2010, 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. 122), Increasing mental health treatment refusal age of consent.
     (Com. Sub. for S. B. No. 218), Providing for early parole eligibility for certain inmates.
     (Com. Sub. for Com. Sub. for S. B. No. 219), Relating to managing state motor vehicle fleet.
     (Com. Sub. for Com. Sub. for S. B. No. 229), Authorizing School Building Authority issue certain outstanding bonds.
     (Com. Sub. for S. B. No. 230), Relating to Board of Optometry.
     (Com. Sub. for Com. Sub. for S. B. No. 394), Authorizing DMV use certain program to identify uninsured vehicles.
     (Com. Sub. for S. B. No. 471), Increasing circuit clerks' copying charge.
     (S. B. No. 519), Extending Social Security benefits to Municipal Police Officers and Firefighters Retirement System members.
     (S. B. No. 612), Authorizing Governor certify certain capital improvement projects' lists.
     (Com. Sub. for S. B. No. 696), Relating to limited liability partnerships.
     (Com. Sub. for H. B. 2663), Expanding the power of municipal parking authority officers.
     (Com. Sub. for H. B. No. 2773), Increasing the monetary penalties for selling tobacco products to minors.
     (H. B. No. 3110), Renaming conservation officers to be natural resources police officers.
     (Com. Sub. for H. B. No. 3152), Athletic Trainers Registration Act.
     (Com. Sub. for H. B. No. 4018), Establishing that possession of a mixture or preparation intended for human consumption containing salvia divinorum is unlawful.
     (Com. Sub. for H. B. No. 4031), Providing flexibility in the West Virginia public school support plan for funding regional education service agencies.
     (Com. Sub. for H. B. No. 4034), Authorizing any municipality to enact by ordinance a vacant property registration program.
     (H. B. No. 4036), Establishing the Judicial Vacancy Advisory Commission.
     (Com. Sub. for H. B. No. 4038), Imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property.
     And,
     (Com. Sub. for H. B. No. 4039), Increasing the number of persons that may be appointed to the Marshall County Park and Recreation Board.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.
     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 31st day of March, 2010, 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:
     (Second Enrollment Com. Sub. for H. B. No. 4187), Continuing the current hazardous waste management fee until 2015.
     (Com. Sub. for H. B. No. 4486),
Relating to tax tickets and other required notifications concerning property taxes.
     (Com. Sub. for H. B. No. 4512), Relating to school bus operators.
     (H. B. No. 4521), Creating a sales tax holiday for purchases of guns and ammunition.
     (Com. Sub. for H. B. No. 4525), Changing the composition, powers and responsibilities of the board of Coal Mine Health and Safety.
     (Com. Sub. for H. B. No. 4527), Limiting the liability of apiary owners and operators.
     (Com. Sub. for H. B. No. 4531), Mandating that shackling of pregnant women who are incarcerated is not allowed except in extraordinary circumstances.
     (Com. Sub. for H. B. No. 4577), Relating to elevator inspections and classifications of licensure.
     (H. B. No. 4582), Creating reciprocity for West Virginia small, women and minority-owned businesses who receive such preferences in other states.
     (Second Enrollment Com. Sub. for H. B. No. 4604), Increasing the criminal penalties for persons who obstruct, flee from or make false statements to law-enforcement officers.
     (Com. Sub. for H. B. No. 4647), Relating to the regulation and control of elections.
     And,
     (Com. Sub. for H. B. No. 4652), Establishing a school calendar committee for each county.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, Senate Committee.
                               Danny Wells,
                               Chair, House Committee.

     Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 1st day of April, 2010, 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. 41), Relating to community enhancement districts.
     (Com. Sub. for S. B. No. 70), Relating to municipalities and counties issuing bonds.
     (S. B. No. 169), Relating to Economic Development Authority loans' criteria.
     (Com. Sub. for S. B. No. 183), Creating Diesel-Powered Motor Vehicle Idling Act.
     (Com. Sub. for
S. B. No. 186), Creating DOT administrative law judge office.
     (S. B. No. 216), Updating terms in Personal Income Tax Act.
     (Com. Sub. for S. B. No. 232), Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor.
     (Com. Sub. for Com. Sub. for S. B. No. 236), Creating Aquaculture Development Act.
     (Com. Sub. for S. B. No. 238), Relating to mineral rights' benefits.
     (Com. Sub. for S. B. No. 273), Authorizing DEP promulgate legislative rules.
     (Com. Sub. for S. B. No. 286), Authorizing DHHR promulgate legislative rules.
     (Com. Sub. for S. B. No. 291), Authorizing Department of Transportation promulgate legislative rules.
     (Second Enrollment Com. Sub. for S. B. No. 336), Authorizing Division of Wildlife Resources recover possession or restitution value of certain animals .
     (S. B. No. 350), Recategorizing recycled energy as renewable energy resource.
     (Com. Sub. for S. B. No. 352), Creating WV Community Empowerment Transportation Act.
     
(Second Enrollment Com. Sub. for S. B. No. 376), Relating to residential mortgage foreclosure data .
     (Com. Sub. for Com. Sub. for S. B. No. 396), Updating commercial driver's license requirements.
     (Com. Sub. for S. B. No. 397), Creating single dwelling residential housing index and multiplier.
     (Com. Sub. for S. B. No. 401), Relating to ad valorem property taxes.
     (Com. Sub. for S. B. No. 407), Authorizing Department of Revenue promulgate legislative rules.
     (Com. Sub. for Com. Sub. for S. B. No. 427), Renaming and reorganizing Parkways, Economic Development and Tourism Authority.
     (Com. Sub. for S. B. No. 435), Relating to speed-detecting device use law.
     (Com. Sub. for
S. B. No. 449), Relating to PEIA preexisting conditions limitations.
     (S. B. No. 453), Providing State Register subscribers electronic format option.
     (Com. Sub. for S. B. No. 465), Relating to utility service disconnection.
      (Second Enrollment Com. Sub. for S. B. No. 483), Authorizing HMOs offer point of service option .
     (Com. Sub. for Com. Sub. for
S. B. No. 496), Allowing Environmental Protection Council certain rule-making authority.
     (Com. Sub. for S. B. No. 515), Relating to firearms' purchases and licensing.
     (Com. Sub. for
Com. Sub. for S. B. No. 518), Creating Governor's Commission to Seize Future of Energy for America.
     (Com. Sub. for
S. B. No. 557), Clarifying legislative vacancy procedures.
     (Com. Sub. for S. B. No. 567), Creating Nonprofit Adventure and Recreational Responsibility Act.
     (Com. Sub. for S. B. No. 577), Clarifying definition of "raffle".
     (S. B. No. 583), Updating references to Information Services and Communications Division.
     (S. B. No. 610), Extending statutory exemption to certain out-of-school time programs.
     (Com. Sub. for
S. B. No. 614), Relating to PSC approval of high voltage transmission line construction.
     (S. B. No. 648), Repealing outdated and obsolete sections of education code.
     (Com. Sub. for S. B. No. 649), Establishing motor vehicle search criteria.
     (S. B. No. 664), Relating to duties of protected person's guardian.
     (Com. Sub. for S. B. No. 669), Allowing municipalities to operate teen courts.
     And,
     (S. B. No. 698), Relating to mini-trucks' registration and certificate of title requirements.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair, 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 22, 2010, he had approved Enr. Committee Substitute for Senate Bill No.
81, Enr. Committee Substitute for Senate Bill No. 240, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 365, Enr. Senate Bill No. 385, Enr. Senate Bill No. 388, Enr. Senate Bill No. 390, Enr. Senate Bill No. 527, Enr. Senate Bill No. 584, Enr. Senate Bill No. 595, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 618, Enr. Senate Bill No. 636, Enr. Committee Substitute for Senate Bill No. 665, Enr. Committee Substitute for House Bill No. 4081, Enr. Committee Substitute for House Bill No. 4110 and Enr. Committee Substitute for House Bill No. 4457 ; on March 23, 2010, he had approved Enr. House Bill No. 4026, Enr. Committee Substitute for House Bill No. 4130, Enr. Committee Substitute for House Bill No. 4335, Enr. Committee Substitute for House Bill No. 4450, Enr. House Bill No. 4668 and Enr. House Bill No. 4670; on March 24, 2010, he had approved Enr. Committee Substitute for Senate Bill No. 38, Enr. Committee Substitute for Senate Bill No. 51, Enr. Senate Bill No. 372, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 398, Enr. Senate Bill No. 442, Enr. Committee Substitute for Senate Bill No. 490, Enr. Committee Substitute for Senate Bill No. 494, Enr. Senate Bill No. 510, Enr. Senate Bill No. 511 and Enr. Senate Bill No. 512; on March 25, 2010, he had approved Enr. Committee Substitute for Senate Bill No. 185, Enr. House Bill No. 4524 and Enr. House Bill No. 4559; on March 26, 2010, he had approved Enr. Committee Substitute for House Bill No. 4145, Enr. Committee Substitute for House Bill No. 4155, Enr. Committee Substitute for House Bill No. 4166, Enr. Committee Substitute for House Bill No. 4182, Enr. House Bill No. 4416 and Enr. House Bill No. 4593; on March 28, 2010, he had approved Enr. House Bill No. 4138, Enr. Committee Substitute for House Bill No. 4164, Enr. Committee Substitute for House Bill No. 4172, Enr. House Bill No. 4247 and Enr. Committee Substitute for House Bill No. 4541; on March 31, 2010, he had approved Enr. Committee Substitute for Senate Bill No. 218, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 219, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 229, Enr. Senate Bill No. 237, Enr. Committee Substitute for Senate Bill No. 362, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 394, Enr. Committee Substitute for Senate Bill No. 422, Enr. Committee Substitute for Senate Bill No. 446, Enr. Committee Substitute for Senate Bill No. 457, Enr. Committee Substitute for Senate Bill No. 462, Enr. Committee Substitute for Senate Bill No. 471, Enr. Revised Committee Substitute for Senate Bill No. 498, Enr. Senate Bill No. 499, Enr. Senate Bill No. 526, Enr. Senate Bill No. 573, Enr. Senate Bill No. 574, Enr. Committee Substitute for Senate Bill No. 596, Enr. Senate Bill No. 611, Enr. Committee Substitute for Senate Bill No. 624, Enr. Senate Bill No. 627, Enr. Senate Bill No. 633, Enr. Senate Bill No. 635, Enr. Committee Substitute for Senate Bill No. 696, Enr. Committee Substitute for House Bill No. 2663, Enr. Committee Substitute for House Bill No. 3152, Enr. Committee Substitute for House Bill No. 4031, Enr. Committee Substitute for House Bill No. 4034, Enr. House Bill No. 4036 and Enr. Committee Substitute for House Bill No. 4039; on April 1, 2010, he had approved Enr. Committee Substitute for House Bill No. 2773, Enr. Committee Substitute for House Bill No. 4018, Enr. Committee Substitute for House Bill No. 4038, Enr. Committee Substitute for House Bill No. 4108, Enr. Committee Substitute for House Bill No. 4134, Enr. Committee Substitute for House Bill No. 4140, Enr. House Bill No. 4142, Enr. Committee Substitute for House Bill No. 4143, Enr. House Bill No. 4144, Enr. Committee Substitute for House Bill No. 4176, Enr. Committee Substitute for House Bill No. 4186, Second Enrollment Enr. Committee Substitute for House Bill No. 4187, Enr. Committee Substitute for House Bill No. 4188, Enr. Committee Substitute for House Bill No. 4194, Enr. Committee Substitute for House Bill No. 4201, Enr. Committee Substitute for House Bill No. 4223, Enr. Committee Substitute for House Bill No. 4248, Enr. Committee Substitute for House Bill No. 4260, Enr. Committee Substitute for House Bill No. 4273, Enr. House Bill No. 4277, Enr. Committee Substitute for House Bill No. 4285, Enr. Committee Substitute for House Bill No. 4339, Enr. Committee Substitute for House Bill No. 4354, Enr. House Bill No. 4373, Enr. Committee Substitute for House Bill No. 4504, Enr. Committee Substitute for House Bill No. 4525, Enr. Committee Substitute for House Bill No. 4527, Enr. Committee Substitute for House Bill No. 4531, Enr. House Bill No. 4582, Second Enrollment Enr. Committee Substitute for House Bill No. 4604, Enr. Committee Substitute for House Bill No. 4615, Enr. Committee Substitute for House Bill No. 4623 and Enr. Committee Substitute for House Bill No. 4647; on April 2, 2010, he had approved Enr. Committee Substitute for Senate Bill No. 41, Enr. Committee Substitute for Senate Bill No. 70, Enr. Committee Substitute for Senate Bill No. 183, Enr. Committee Substitute for Senate Bill No. 186, Enr. Senate Bill No. 216, Enr. Committee Substitute for Senate Bill No. 230, Enr. Committee Substitute for Senate Bill No. 232, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 236, Enr. Committee Substitute for Senate Bill No. 238, Enr. Committee Substitute for Senate Bill No. 273, Enr. Committee Substitute for Senate Bill No. 286, Enr. Committee Substitute for Senate Bill No. 291, Second Enrollment Enr. Committee Substitute for Senate Bill No. 336, Enr. Committee Substitute for Senate Bill No. 337, Enr. Senate Bill No. 350, Enr. Committee Substitute for Senate Bill No. 352, Second Enrollment Enr. Committee Substitute for Senate Bill No. 376, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 396, Enr. Committee Substitute for Senate Bill No. 397, Enr. Committee Substitute for Senate Bill No. 401, Enr. Committee Substitute for Senate Bill No. 407, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 427, Enr. Committee Substitute for Senate Bill No. 435, Enr. Committee Substitute for Senate Bill No. 449, Enr. Senate Bill No. 453, Enr. Committee Substitute for Senate Bill No. 465, Second Enrollment Enr. Committee Substitute for Senate Bill No. 483, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 496, Enr. Senate Bill No. 519, Enr. Senate Bill No. 533, Enr. Senate Bill No. 547, Enr. Committee Substitute for Senate Bill No. 557, Enr. Committee Substitute for Senate Bill No. 567, Enr. Senate Bill No. 577, Enr. Senate Bill No. 583, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 597, Enr. Senate Bill No. 610, Enr. Committee Substitute for Senate Bill No. 614, Enr. Senate Bill No. 648, Enr. Committee Substitute for Senate Bill No. 649, Enr. Senate Bill No. 664, Enr. Committee Substitute for Senate Bill No. 669, Enr. Senate Bill No. 698, Enr. Committee Substitute for House Bill No. 4486, Enr. Committee Substitute for House Bill No. 4512, Enr. Committee Substitute for House Bill No. 4577 and Enr. Committee Substitute for House Bill No. 4630; and on April 6, 2010, he had approved Enr. Committee Substitute for Committee Substitute for Senate Bill No. 518 and Enr. Senate Bill No. 612 .
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 25, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
          During my time as Governor, my overall approach to the budget has been to not initiate new programs unless absolutely necessary, and if necessary, it should be accomplished by replacing programs that are not working. It should not be done by growing existing programs, for fear of not being able to sustain them in the future. Fiscal responsibility requires accountability and transparency. I am not prepared to throw caution to the wind when it comes to the future of our state. This approach has fared well for West Virginia and we are better positioned financially than most other states in the nation to handle the budget challenges that we now have and continue to lie ahead.
          The modest reductions I have asked for in the FY 2011 budget are sustainable without disrupting services and will help tremendously in future years when federal stimulus funds are no longer available.
          Therefore, 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. 213, passed March 20, 2010, approved with the following objections.
 My first objection to the bill is contained in Item 10, page 16, line 18, which states:
 "4-H Camp Improvements                              941        650,000"
 The above appropriation was moved from the West Virginia Development Office to the Department of Agriculture by the Legislature. By moving the appropriation and administration from the agency with expertise in tracking these grants, the transparency, accountability and efficiency for this appropriation may be compromised. It is my intent to introduce a supplementary appropriation bill that will provide funding in the West Virginia Development Office for 4-H Camp Improvements. Therefore, I am reducing the appropriation by the amount of $650,000 to $0.
 My second objection to the bill is contained in Item 35, page 28, line 7, which states:
 "Unclassified                                       099        1,886,758"
 The appropriation has been increased $175,000 above my recommendation for FY 2011. A cautious and prudent approach must be taken to avoid building the state's base budget. This funding is for new programs that have not been fully vetted. Therefore, I am reducing the appropriation by the amount of $175,000 to $1,711,758.
 My third objection to the bill is contained in Item 35, page 29, line 42, which states:
 "I-79 Development Council                           824        45,600"
 The appropriation is $21,850 above my recommended FY 2011 amount of $23,750, which was a 5% reduction from the FY 2010 level. Therefore, I am reducing the appropriation by the amount of $21,850 to $23,750.
 My fourth objection to the bill is contained in Item 42, page 33, line 1, which states:
  "Unclassified-Total                                096        $2,492,440"
 The appropriation includes $1,050,000 for new projects that have not been fully described. While these projects may be determined to be of benefit, I am hesitant to add funding for new programs at a time when the future challenges in West Virginia's budget make it imperative that a cautious and prudent approach be taken to avoid building the state's base budget. Therefore, I am reducing the appropriation by the amount of $1,050,000 to $1,442,440.
 My fifth objection to the bill is contained in Item 42, page 33, line 2 through line 7, which states:
  "From the above appropriation for Unclassified - Total (fund 0606, activity 096) an amount not less than $250,000 is for TechConnectWV and, an amount not less than $250,000 is for the Tamarack Foundation, pursuant to the provisions of the W. Va. Code §5F-2-2 or any other applicable provision of law."
 While the above projects may be of benefit, I am hesitant to add funding for programs when the future challenges in West Virginia's budget make it imperative that a cautious and prudent approach be taken to avoid building the state's base budget. Therefore, having reduced the appropriation in objection five above, I am deleting the corresponding language in its entirety contained from line 2 through line 7, on page 33.
 My sixth objection to the bill is contained in Item 43, page 33, line 1, which states:
 "Unclassified                                       099        $1,754,204"
 This appropriation is $36,500 above my recommended FY 2011 amount which was a 5% reduction from the FY 2010 level for the Southern West Virginia Community and Technical College for Mine Training and Energy Technologies Academy. This increase makes the allocation inconsistent with the allocation for the academy at West Virginia University. Therefore, I am reducing the appropriation by $36,500 to $1,717,704.
 My seventh objection to the bill is contained in Item 43, page 33, line 4 through line 8, which states:
 "From the above appropriation for Unclassified (fund 0612, activity 099) $693,500 is for West Virginia University and $730,000 is for Southern West Virginia Community and Technical College for the Mine Training and Energy Technologies Academy."
 Having reduced the appropriation in objection six above, I am therefore reducing the amount in the language on page 33, in line 6 from "730,000" to "693,500".
 My eighth objection to the bill is contained in Item 46, page 35, line 19, which states:
  "English as a Second Language                      528        550,000"
 With the passage and signing of Enrolled Committee Substitute for House Bill No. 4211, the Legislature and I have indicated our support of this worthwhile issue, however since it is the counties' responsibility to deliver this program they will need more time to analyze the costs associated with this program. As the bill states this will depend on the "proficiency levels of the students and the capacity of the county board to deliver the needed programs." It would be ill advised to put state dollars toward this program until counties determine the cost of the program. Therefore, I am reducing the appropriation by the amount of $550,000, to $0.
 My ninth objection to the bill is contained in the language in Item 53, page 41, line 13 through line 26, which states:
 "Any unexpended balances remaining in the appropriations for Unclassified - Surplus (fund 0293, activity 097), Unclassified (fund 0293, activity 099), Capital Outlay, Repairs and Equipment (fund 0293, activity 589), Grants for Competitive Arts (fund 0293, activity 624) Capital Outlay, Repairs and Equipment - Surplus (fund 0293, activity 677), Capital Outlay and Maintenance (fund 0293, activity 755), and Historical Highway Marker Program (fund 0293, activity 844) at the close of the fiscal year 2010 are hereby reappropriated for expenditure during the fiscal year 2011 with the exception of fund 0293, fiscal year 2010, activity 099 ($59,337) and fund 0293, fiscal year 2010, activity 755 ($84,282) which shall expire on June 30, 2010."
 Grants for Competitive Arts (fund 0293, activity 624), referred to in the language above has no funds to be reappropriated, making this language unnecessary. Therefore, I am deleting the phrase "Grants for Competitive Arts (fund 0293, activity 624)," on page 41, line 16 through line 17.
 My tenth objection to the bill is contained in Item 61, page 46, line 14, which states:
 "CARDIAC Project                                    375        500,000"
 The above appropriation of $500,000 would keep the state's share of funding for the project at the FY 2010 level. I believe a 5% reduction is reasonable in light of the reduced state revenue available for all state-funded projects. Therefore, I am reducing the appropriation by the amount of $25,000 to $475,000.
 My eleventh objection to the bill is contained in Item 61, page 47, line 36 through line 37, which states:
"Emergency Response Entities -

     Special Projects (R)                            822         784,000"

 The above appropriation of $784,000 includes funding in excess of the amount allocated and expended in prior years. My budget recommendation reduced this funding by 5% to assist in addressing the future funding challenges in West Virginia. Therefore, I am reducing this appropriation by 5%, or by $39,200, to $744,800.
 My twelfth objection to the bill is contained in Item 62, page 49, line 13 through line 14, which states:
 "Colin Anderson Community Placement
     (R)                                           803 1,164,000"

 The above appropriation of $1,164,000 includes funding in excess of the amount needed to support the Colin Anderson population. This funding was established to continue the support of those clients displaced after the closing of the Colin Anderson Center. The number of former Colin Anderson clients has decreased over the years requiring less funding to support their care. Therefore, I am reducing this appropriation by $500,000 to $664,000.
 My thirteenth objection to the bill is contained in Item 65, page 51, line 4, which states:
 "Unclassified                                       099        15,365,257"
 The above appropriation of $15,365,257 includes $200,000 for a pilot program for at-risk youth. House Bill No. 4438 establishing this program, did not pass the Legislature. Therefore, I am reducing the appropriation by $200,000 to $15,165,257.
 My fourteenth objection to the bill is contained in Item 65, page 51, line 5, which states:
 "Child Care Development                             144        1,267,709"
 The above appropriation of $1,267,709 includes funding in the amount of $500,000 over what is necessary for the efficient operation of the programs supported by this line item. My FY 2011 recommendation moved $500,000 of this funding to OSCAR and RAPIDS to improve the efficiency, accountability, and sustainability of the Department's eligibility system through upgrades as a result of eligibility and reporting requirements. Therefore, I am reducing the appropriation by the amount of $500,000 to $767,709.
 My fifteenth objection to the bill is contained in Item 65, page 52, line 6 through line 7, which states:
 "Medical Services Contracts and Office
      of Managed Care                                183        2,335,469"

 The above appropriation of $2,335,469 includes funding in the amount of $500,000 over what is necessary for the efficient operation of the programs supported by this line item. My FY 2011 recommendation moved $500,000 of this funding to Behavioral Health Programs to support initiatives associated with the Hartley consent decree. Therefore, I am reducing the appropriation by the amount of $500,000 to $1,835,469.
 My sixteenth objection to the bill is contained in Item 65, page 52, line 9, which states:
 "Social Services                                    195        75,586,872"
 The above appropriation of $75,586,872 includes state funding for this program which can be paid for by federal sources without affecting the current level of services. Therefore, I am reducing the appropriation by $1,439,815 to $74,147,057.
 My seventeenth objection to the bill is contained in Item 65, page 52, line 20, which states:
 "Title XIX Waiver for Seniors                       533        7,550,534"
 My FY 2011 recommended state funding for this program included additional funding above the FY 2010 level and the Legislature has added additional dollars above my recommendation. An additional 1,172 positions will be served by the waiver, which accounts for the current positions as well as the anticipated managed enrollment list as of July 1, 2010. However, the total funding available, from all funding sources, is in excess of the amount needed. Therefore, I am reducing the appropriation by the amount of $5,550,534 to $2,000,000.
 My eighteenth objection to the bill is contained in Item 65, page 52, line 24, which states:
 "Child Welfare System                               603        2,644,588"
 The above appropriation of $2,644,588 includes funding in the amount of $945,087 over what is necessary for the efficient operation of the programs supported by this line item. My FY 2011 recommendation moved $945,087 of this funding to OSCAR and RAPIDS to improve the efficiency, accountability, and sustainability of the Department's eligibility system through upgrades as a result of eligibility and reporting requirements. Therefore, I am reducing the appropriation by the amount of $945,087 to $1,699,501.
 My nineteenth objection to the bill is contained in Item 65, page 52, line 26 through line 27, which states:
 "WV Works Separate State
     Program                                         698        5,000,000"

 The above appropriation of $5,000,000 includes funding of $250,000 over what is necessary for the efficient operation of the programs supported by this line item. There are current cash balances remaining from prior years and this appropriation is greater than the directive language contained in this Budget Bill. Therefore, I am reducing the appropriation by the amount of $250,000 to $4,750,000.
 My twentieth objection to the bill is contained in Item 65, page 52, line 28, which states:
 "Child Support Enforcement                          705        6,774,541"
 The Department has the ability to use American Reinvestment and Recovery Act funds temporarily for match requirements. Therefore, I am reducing the appropriation by the amount of $773,115 to $6,001,426.
 My twenty-first objection to the bill is contained in Item 77, page 62, line 5, which states:
 "Child Advocacy Centers (R)                         458        1,500,834"
 This appropriation has been increased $500,000 above my FY 2011 recommendation. A cautious and prudent approach needs to be taken to avoid building the state's base budget. Therefore, I am reducing the appropriation by the amount of $250,000 to $1,250,834.
 My twenty-second objection to the bill is contained in Item 90, page 70, line 22 through line 23, which states:
 "Community and Technical College
     Improvements                                    610        2,100,000"

 This is a new appropriation for FY 2011 that has not been fully vetted to determine its need and true benefit. All institutions' operating budgets funded with state dollars are being subsidized with federal Education Stabilization Funds in FY 2011 to maintain level funding. Due to the state of the national economy and the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the state's base budget. Therefore, I am reducing the appropriation by the amount of $2,100,000 to $0.
 My twenty-third objection to the bill is contained in the language in Item 90, page 71, line 49 through line 59, which states:
 "From the above appropriation for Community and Technical College Improvements (fund 0596, activity 610) an amount not less than $400,000 is for New River Community and Technical College; $300,000 is for Kanawha Valley Community and Technical College; $400,000 is for Southern West Virginia Community and Technical College; $300,000 is for West Virginia Northern Community and Technical College; $400,000 for West Virginia University - Parkersburg, of which $300,000 is to be used for the Jackson County Center; and $300,000 is for Blue Ridge Community and Technical College."
 The appropriation to which this language corresponds was eliminated in objection twenty-two above. Therefore, I am deleting the above-quoted language in its entirety, contained from line 49 through line 59, on page 71.
 My twenty-fourth objection to the bill is contained in Item 91, page 71, line 1, which states:
 "Unclassified (R)                                   099        $2,375,573"
 The above appropriation of $2,375,573 includes $200,000 for "FACTS for Higher Education" in Senate Bill No. 480 which did not pass the Legislature. Therefore, I am reducing this appropriation by $200,000 to $2,175,573.
 My twenty-fifth objection to the bill is contained in Item 92, page 73, line 33, which states:
 "Higher Education Improvements                      658        600,000"
 This is a new appropriation for FY 2011 that has not been fully vetted to determine its need and true benefit. All institutions' operating budgets funded with state dollars are being subsidized with federal Education Stabilization Funds in FY 2011 to maintain level funding. Due to the state of the national economy and the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the state's base budget. Therefore, I am reducing the appropriation by the amount of 600,000 to $0.
 My twenty-sixth objection to the bill is contained in the language in Item 92, page 76, line 120 through line 128, which states:
 "From the above appropriation for Higher Education Improvements (fund 0586, activity 658) $150,000 is for the Rural Outreach Vehicle Emergency Response for the West Virginia School of Osteopathic Medicine; $150,000 is Marshall Medical School; $100,000 is for West Virginia University School of Health Sciences for Blanchette Rockefeller; $200,000 is for Glenville State College for courses offered in conjunction with the Corrections Academy."
 The appropriation to which this language corresponds was eliminated in objection twenty-five above. Therefore, I am deleting the above-quoted language in its entirety, contained from line 120 through line 128, on page 76.
 My twenty-seventh objection to the bill is contained in the language in Item 256, page 130, line 1, which states:
 "Huntington Symphony                                027        $95,000"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $4,750 to $90,250.
 My twenty-eighth objection to the bill is contained in the language in Item 256, page 130, line 2 through line 3, which states:
 "Martin Luther King, Jr.
      Holiday Celebration                            031        10,800
"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $540 to $10,260.
 My twenty-ninth objection to the bill is contained in the language in Item 256, page 130, line 4, which states:
 "Unclassified (R)                                   099        646,644"
  Due to the state of the national economy, the budget deficits currently facing the vast majority of states, and the future funding challenges in West Virginia's budget, it is imperative that a cautious and prudent approach be utilized when examining areas where funds can be refocused. In these times of financial need I believe everyone should be cautious about relying upon state funding. A reduction in the funding level of this appropriation is wise. The above appropriation has the "(R)" symbol to indicate reappropriation. However, there are no funds eligible for reappropriation. Therefore, I am reducing the appropriation by the amount of $16,446 to $630,198 and I am deleting "(R)".
 My thirtieth objection to the bill is contained in the language in Item 256, page 130, line 5, which states:
 "Fairs and Festivals (R)                            122        2,090,571"
 Due to the state of the national economy, the budget deficits currently facing the vast majority of states, and the future funding challenges in West Virginia's budget, it is imperative that a cautious and prudent approach be utilized when examining areas where funds can be refocused. In these time of financial need I believe everyone should be cautious about relying upon state funding and a reduction in the funding level of this appropriation is wise. The above appropriation has the "(R)" symbol to indicate reappropriation. However, the appropriation is for one year of projects and reappropriation is not necessary. Therefore, I am reducing the appropriation by the amount of $80,053 to $2,010,518 and I am deleting "(R)".
 My thirty-first objection to the bill is contained in the language in Item 256, page 130, line 9, which states:
 "West Virginia Public Theater                       312        190,000"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $9,500 to $180,500.
 My thirty-second objection to the bill is contained in the language in Item 256, page 130, line 10, which states:
 "Tri-County Fair Association                        343        23,750"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $1,188 to $22,562.
 My thirty-third objection to the bill is contained in the language in Item 256, page 130, line 11 through line 12, which states:
 "George Tyler Moore Center for the
     Study of the Civil War                          397        57,000
"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $2,850 to $54,150.
 My thirty-fourth objection to the bill is contained in the language in Item 256, page 130, line 13, which states:
 "Greenbrier Valley Theater                          423        142,500"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $7,125 to $135,375.
 My thirty-fifth objection to the bill is contained in the language in Item 256, page 130, line 15, which states:
 "Marshall Artists Series                            518        57,000"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $2,850 to $54,150.
 My thirty-sixth objection to the bill is contained in the language in Item 256, page 130, line 18, which states:
 "West Virginia State Fair                           657        50,000"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $2,500 to $47,500.
 My thirty-seventh objection to the bill is contained in the language in Item 256, page 130, line 19 through line 20, which states:
 "Contemporary American Theater
     Festival                                      811 95,000
"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $4,750 to $90,250.
 My thirty-eighth objection to the bill is contained in the language in Item 256, page 130, line 21, which states:
 "Independence Hall                                  812        47,500"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $2,375 to $45,125.
 My thirty-ninth objection to the bill is contained in the language in Item 256, page 130, line 22, which states:
 "Mountain State Forest Festival                     864        66,500"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $3,325 to $63,175.
 My fortieth objection to the bill is contained in the language in Item 256, page 130, line 23, which states:
 "WV Symphony                                        907        95,000"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $4,750 to $90,250.
 My forty-first objection to the bill is contained in the language in Item 256, page 130, line 24, which states:
 "Wheeling Symphony                                  908        95,000"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $4,750 to $90,250.
 My forty-second objection to the bill is contained in the language in Item 256, page 130, line 25, which states:
 "Appalachian Children's Chorus                      916        95,000"
 My recommended FY 2011 budget for this line item included a 5% reduction to reflect the budget challenges and to better position the state to address anticipated budget shortfalls. Therefore, I am reducing the appropriation by the amount of $4,750 to $90,250.
 My forty-third objection to the bill is contained in the language in Item 256, page 131 through page 132, line 35 through line 85, which states:
 "Included in the above appropriation for Unclassified (fund 3534, activity 099) funding shall be provided to the Aracoma Story (Logan) $48,750, Barbour County Arts and Humanities Council $1,463, Beckley Main Street (Raleigh) $4,875, Belle Boyd House (Berkeley) $1,950, Buffalo Creek Memorial (Logan) $4,875, Carnegie Hall (Greenbrier) $68,250, Ceredo Historical Society (Wayne) $1,950, Ceredo Kenova Railroad Museum (Wayne) $1,950, Collis P. Huntington Railroad Historical Society (Cabell) $9,750, Flannigan Murrell House (Summers) $9,750, Fort Ashby Fort (Mineral) $1,463, Fort New Salem (Harrison) $3,608, Fort Randolph (Mason) $4,875, Frieda J. Riley Award (Harrison) $2,925, General Adam Stephen Memorial Foundation $18,062, Grafton Mother's Day Shrine Committee (Taylor) $8,288, Hardy County Tour and Crafts Association $19,500, Heritage Craft Center of the Eastern Panhandle (Berkeley) $6,825, Heritage Farm Museum & Village (Cabell) $48,750, Historic Fayette Theater (Fayette) $5,363, Historic Middleway Conservancy (Jefferson) $975, Huntington Outdoor Theater (Cabell) $1,950, Indian Mound Cemetery (Hampshire) $1,950, Jefferson County Black History Preservation Society $4,875, Jefferson County Historical Landmark Commission $7,800, Levels VFD Lawn Association (Hampshire) $975, Maddie Carroll House (Cabell) $7,313, Marshall County Historical Society $8,288, McCoy Theater (Hardy) $19,500, Morgantown Theater Company (Monongalia) $19,500, Mountaineer Boys' State (Lewis) $9,750, Music Hall of Fame (Marion) $4,875, Nicholas Old Main Foundation (Nicholas) $1,950, Norman Dillon Farm Museum (Berkeley) $9,750, Old Opera House Theater Company (Jefferson) $14,625, Parkersburg Arts Center (Wood) $19,500, Pocahontas Historic Opera House $5,850, Raleigh County All Wars Museum $9,750, Rhododendron Girl's State (Ohio) $9,750, Roane County 4-H and FFA Youth Livestock Program $4,875, Scottish Heritage Society/N. Central WV (Harrison) $4,875, Society for the Preservation of McGrew House (Preston) $3,413, Soldiers' Memorial Theater (Raleigh) $9,750, Southern WV Veterans' Museum $4,388, Summers County Historic Landmark Commission $4,875, Those Who Served War Museum (Mercer) $3,900, Three Rivers Avian Center (Summers) $14,625, Tug Valley Arts Council (Mingo) $4,875, Tug Valley Chamber of Commerce Coal House (Mingo) $1,950, Tunnelton Historical Society (Preston) $1,950, Veterans Committee for Civic Improvement of Huntington (Wayne) $4,875, Webb Chapel Cemetery Association Event (Preston) $1,950, West Virginia Museum of Glass (Lewis) $4,875, West Virginia Music Hall of Fame $34,125 (Kanawha), YMCA Camp Horseshoe (Ohio) $97,500, Youth Museum of Southern WV (Raleigh) $11,700."
 The appropriation to which this language corresponds was reduced and I believe that these items can be funded in a reduced amount. Therefore, I am deleting the above language in its entirety contained from line 35 through line 85 on pages 131 through 132.
 My forty-fourth objection to the bill is contained in the language in Item 256, page 132 through page 140, line 86 through line 386, which states:
 "Included in the above appropriation for Fairs and Festivals (fund 3534, activity 122) funding shall be provided to the African- American Cultural Heritage Festival (Jefferson) $4,875, African- American Heritage Family Tree Museum (Fayette) $4,388, Alderson 4th of July Celebration (Greenbrier) $4,875, Allegheny Echo (Pocahontas) $7,313, Alpine Festival/Leaf Peepers Festival (Tucker) $10,969, American Legion Post 8, Veterans Day Parade (McDowell) $1,950, Angus Beef and Cattle Show (Lewis) $1,463, Antique Market Fair (Lewis) $1,950, Apollo Theater-Summer Program (Berkeley) $1,950, Appalachian Autumn Festival (Braxton) $3,413, Appalachian Mountain Bike Race (Calhoun) $1,463, Apple Butter Festival (Morgan) $5,850, Arkansaw Homemaker's Heritage Weekend (Hardy) $3,413, Armed Forces Day-South Charleston (Kanawha) $2,925, Arthurdale Heritage New Deal Festival (Preston) $4,875, Arts Monongahela (Monongalia) $19,500, Athens Town Fair (Mercer) $1,950, Augusta Fair (Randolph) $4,875, Barbour County Fair $24,375, Barboursville Octoberfest (Cabell) $4,875, Bass Festival (Pleasants) $1,804, Battelle District Fair (Monongalia) $4,875, Battle of Dry Creek (Greenbrier) $1,463, Battle of Lewisburg Civil War Days (Greenbrier) $2,925, Battle of Point Pleasant Memorial Committee (Mason) $4,875, Belle Town Fair (Kanawha) $4,388, Bergoo Down Home Days (Webster) $2,438, Berkeley County Youth Fair $18,038, Black Bear 4K Mountain Bike Race (Kanawha) $975, Black Heritage Festival (Harrison) $5,850, Black Walnut Festival (Roane) $9,750, Blue-Gray Reunion (Barbour) $3,413, Boone County Fair $9,750, Boone County Labor Day Celebration $3,900, Bradshaw Fall Festival (McDowell) $1,950, Bramwell Street Fair (Mercer) $3,413, Braxton County Fairs and Festivals Association $11,213, Braxton County Monster Fest/WV Autumn Festival $2,438, Bridgeport Benedum Festival (Harrison) $1,463, Brooke County Fair $3,900, Bruceton Mills Good Neighbor Days (Preston) $1,950, Buckwheat Festival (Preston) $8,288, Buffalo 4th of July Celebration (Putnam) $488, Burlington Apple Harvest Festival (Mineral) $29,250, Burlington Pumpkin Harvest Festival (Raleigh) $4,875, Cabell County Fair $9,750, Calhoun County Wood Festival $1,950, Campbell's Creek Community Fair (Kanawha) $2,438, Cape Coalwood Festival Association (McDowell) $2,438, Capon Bridge Annual VFD Celebration (Hampshire) $975, Capon Bridge Founders Day Festival (Hampshire) $1,950, Capon Springs Ruritan 4th of July (Hampshire) $975, Cass Homecoming (Pocahontas) $1,950, Cedarville Town Festival (Gilmer) $975, Celebration in the Park (Wood) $3,900, Celebration of America (Monongalia) $5,850, Chapmanville Apple Butter Festival (Logan) $975, Chapmanville Fire Department 4th of July (Logan) $2,925, Charles Town Christmas Festival (Jefferson) $4,875, Charles Town Heritage Festival (Jefferson) $4,875, Cherry River Festival (Nicholas) $6,338, Chester Fireworks (Hancock) $1,463, Chester Fourth of July Festivities (Hancock) $4,875, Chief Logan State Park-Civil War Celebration (Logan) $7,800, Christmas in Shepherdstown (Jefferson) $3,900, Christmas in the Park (Brooke) $4,875, Christmas in the Park (Logan) $24,375, City of Dunbar Critter Dinner (Kanawha) $9,750, City of New Martinsville Festival of Memories (Wetzel) $10,725, City of Pleasant Valley Celebration (Marion) $2,438, Civil War Horse Cavalry Race (Barbour) $975, Clay County Golden Delicious Apple Festival $6,825, Coal Field Jamboree (Logan) $34,125, Coalton Days Fair (Randolph) $6,825, Country Roads Festival (Fayette) $1,950, Cowen Railroad Festival (Webster) $3,413, Craigsville Fall Festival (Nicholas) $3,413, Delbarton Homecoming (Mingo) $3,413, Doddridge County Fair $6,825, Durbin Days (Pocahontas) $4,875, Elbert/Filbert Reunion Festival (McDowell) $1,463, Elizabethtown Festival (Marshall) $4,875, Elkins Randolph County 4th of July Car Show (Randolph) $1,950, Fairview 4th of July Celebration (Marion) $975, Farm Safety Day (Preston) $1,950, Fayette American Legion 4th of July (Fayette) $975, FestivALL Charleston (Kanawha) $19,500, First Stage Children's Theater Company (Cabell) $1,950, Flemington Day Fair and Festival (Taylor) $3,413, Follansbee Community Days (Brooke) $8,531, Fort Gay Mountain Heritage Days (Wayne) $4,875, Frankford Autumnfest (Greenbrier) $4,875, Franklin Fishing Derby (Pendleton) $7,313, Franklins Fireman Carnival (Pendleton) $4,875, Freshwater Folk Festival (Greenbrier) $4,875, Friends Auxiliary of W. R. Sharpe Hospital (Lewis) $4,875, Frontier Days (Harrison) $2,925, Frontier Fest/Canaan Valley (Taylor) $4,875, Fund for the Arts-Wine & All that Jazz Festival (Kanawha) $2,438, Gassaway Days Celebration (Braxton) $4,875, Gilbert Kiwanis Harvest Festival (Mingo) $3,900, Gilbert Spring Fling (Mingo) $4,875, Gilmer County Farm Show $3,900, Grant County Arts Council $1,950, Grape Stomping Wine Festival (Nicholas) $1,950, Great Greenbrier River Race (Pocahontas) $9,750, Greater Quinwood Days (Greenbrier) $1,950, Green Spring Days (Hampshire) $975, Guyandotte Civil War Days (Cabell) $9,750, Hamlin 4th of July Celebration (Lincoln) $4,875, Hampshire Civil War Celebration Days (Hampshire) $975, Hampshire County 4th of July Celebration $19,500, Hampshire County Fair $5,850, Hampshire County French & Indian War Celebration $975, Hampshire Heritage Days (Hampshire) $3,900, Hancock County Oldtime Fair $4,875, Hardy County Commission - 4th of July $9,750, Hatfield McCoy Matewan Reunion Festival (Mingo) $4,875, Hatfield McCoy Trail National ATV and Dirt Bike Weekend (Wyoming) $4,875, Heritage Craft Festival (Monroe) $975, Heritage Days Festival (Roane) $1,463, Hicks Festival (Tucker) $1,950, Hilltop Festival (Huntington) $975, Hinton Railroad Days (Summers) $5,363, Holly River Festival (Webster) $1,463, Hundred 4th of July (Wetzel) $7,069, Hundred American Legion Earl Kiger Post Bluegrass Festival (Wetzel) $1,950, Hurricane 4th of July Celebration (Putnam) $4,875, Iaeger Lions Club Annual Golf Show (McDowell) $1,463, Iaeger Town Fair (McDowell) $1,463, Irish Heritage Festival of WV (Raleigh) $4,875, Irish Spring Festival (Lewis) $975, Italian Heritage Festival- Clarksburg (Harrison) $29,250, Jackson County Fair $4,875, Jacksonburg Homecoming (Wetzel) $975, Jane Lew Arts and Crafts Fair (Lewis) $975, Jefferson County African American Heritage Festival $4,875, Jefferson County Fair Association $24,375, Jersey Mountain Ruritan Pioneer Days (Hampshire) $975, John Henry Days Festival (Monroe) $4,875, Johnnie Johnson Blues and Jazz Festival (Marion) $4,875, Johnstown Community Fair (Harrison) $2,438, Junior Heifer Preview Show (Lewis) $1,950, Kanawha Coal Riverfest-St. Albans 4th of July Festival (Kanawha) $4,875, Kanawha County Fair $4,875, Kayford Reunion (Kanawha) $2,438, Kenova Fall Festival (Wayne) $4,875, Kermit Fall Festival (Mingo) $2,925, Keyser Old Fashioned 4th of July Celebration (Mineral) $975, King Coal Festival (Mingo) $4,875, Kingwood Downtown Street Fair and Heritage Days (Preston) $1,950, L. Z. Rainelle WV Veterans Reunion (Greenbrier) $4,875, Lady of Agriculture (Preston) $975, Lamb and Steer Show (Grant) $8,775, Larry Joe Harless Center Octoberfest Hatfield McCoy Trail (Mingo) $9,750, Last Blast of Summer (McDowell) $4,875, Laurel Mt. Reenactment Committee (Barbour) $3,169, Lewis County Fair Association $3,413, Lewisburg Shanghai (Greenbrier) $1,950, Lincoln County Fall Festival $7,800, Lincoln County Winterfest $4,875, Lincoln District Fair (Marion) $2,438, Lindside 4th of July (Monroe) $488, Little Birch Days Celebration (Braxton) $488, Little Levels Heritage Festival (Pocahontas) $1,950, Logan County Arts and Crafts Fair $3,900, Logan Freedom Festival $14,625, Lost Creek Community Festival (Harrison) $6,825, Mannington District Fair (Marion) $5,850, Maple Syrup Festival (Randolph) $975, Marion County FFA Farm Fest $2,438, Marmet Annual Labor Day Celebration (Kanawha) $1,950, Marshall County Antique Power Show $2,438, Marshall County Fair $7,313, Mason County Fair $4,875, Mason Dixon Festival (Monongalia) $6,825, Matewan Massacre Reenactment (Mingo) $5,850, Matewan-Magnolia Fair (Mingo) $43,875, McARTS-McDowell County $19,500, McDowell County Fair $2,438, McGrew House History Day (Preston) $1,950, McNeill's Rangers (Mineral) $7,800, Meadow Bridge Hometown Festival (Fayette) $1,219, Meadow River Days Festival (Greenbrier) $2,925, Mercer Bluestone Valley Fair (Mercer) $1,950, Mercer County Fair $1,950, Mid Ohio Valley Antique Engine Festival (Wood) $2,925, Milton Christmas in the Park (Cabell) $2,438, Milton Fourth of July Celebration (Cabell) $2,438, Mineral County Fair $1,706, Mineral County Veterans Day Parade $1,463, Molasses Festival (Calhoun) $1,950, Monroe County Farmer's Day - Union $1,950, Monroe County Harvest Festival $1,950, Moon Over Mountwood Fishing Festival (Wood) $2,925, Morgan County Fair- History Wagon $1,463, Mothers' Day Festival (Randolph) $2,438, Moundsville Bass Festival (Marshall) $3,900, Moundsville July 4th Celebration (Marshall) $4,875, Mount Liberty Fall Festival (Barbour) $2,438, Mountain Fest (Monongalia) $19,500, Mountain Festival (Mercer) $4,509, Mountain Heritage Arts and Crafts Festival (Jefferson) $4,875, Mountain Music Festival (McDowell) $2,438, Mountain State Apple Harvest Festival (Berkeley) $7,313, Mountain State Arts Crafts Fair Cedar Lakes at Cedar Lakes (Jackson) $43,875, Mountaineer Hot Air Balloon Festival (Monongalia) $3,900, Mud River Festival (Lincoln) $7,800, Mullens Dogwood Festival (Wyoming) $6,825, Multi-Cultural Festival of West Virginia (Kanawha) $19,500, Nettle Festival (Pocahontas) $4,875, New Cumberland Christmas Parade (Hancock) $2,925, New Cumberland Fourth of July Fireworks (Hancock) $4,875, New River Bridge Day Festival (Fayette) $39,000, Newburg Volunteer Fireman's Field Day (Preston) $975, Newell Annual Clay Festival (Hancock) $2,925, Nicholas County Fair $4,875, Nicholas County Potato Festival $3,413, North Preston Farmers Club - Civil War Times (Preston) $975, North River Valley Festival (Hampshire) $975, Oak Leaf Festival (Fayette) $5,850, Oceana Heritage Festival (Wyoming) $5,850, Oglebay City Park - Festival of Lights (Ohio) $78,000, Oglebay Festival (Ohio) $9,750, Ohio County Country Fair $8,775, Ohio Valley Beef Association (Wood) $2,438, Ohio Valley Black Heritage Festival (Ohio) $5,363, Old Central City Fair (Cabell) $4,875, Old Tyme Christmas (Jefferson) $2,340, Paden City Labor Day Festival (Wetzel) $6,338, Parkersburg Homecoming (Wood) $11,700, Patty Fest (Monongalia) $1,950, Paw Paw District Fair (Marion) $3,413, Pax Reunion Committee (Fayette) $4,875, Pendleton County 4- H Weekend $1,950, Pendleton County Committee for Arts $14,625, Pendleton County Fair $24,375, Pennsboro Country Road Festival (Ritchie) $1,950, Petersburg Fourth of July Celebration (Grant) $19,500, Petersburg HS Celebration (Grant) $9,750, Piedmont-Annual Back Street Festival (Mineral) $3,900, Pinch Reunion (Kanawha) $1,463, Pine Bluff Fall Festival (Harrison) $3,900, Pine Grove 4th of July Festival (Wetzel) $6,825, Pineville Festival (Wyoming) $5,850, Pleasants County Agriculture Youth Fair $4,875, Poca Heritage Days (Putnam) $2,925, Pocahontas County Pioneer Days $6,825, Point Pleasant Stern Wheel Regatta (Mason) $4,875, Potomac Highlands Maple Festival (Grant) $5,850, Princeton Street Fair (Mercer) $4,875, Putnam County Fair $4,875, Quartets on Parade (Hardy) $3,900, Rainelle Fall Festival (Greenbrier) $2,925, Rand Community Center Festival (Kanawha) $2,438, Randolph County Community Arts Council $2,925, Randolph County Fair $6,825, Randolph County Ramp and Rails $1,950, Ranson Christmas Festival (Jefferson) $4,875, Ranson Festival (Jefferson) $4,875, Ravenswood Octoberfest (Jackson) $7,800, Reedsville VFD Fair (Preston) $1,950, Renick Liberty Festival (Greenbrier) $975, Riders of the Flood (Greenbrier) $2,925, Ripley 4th of July (Jackson) $14,625, Ritchie County Fair and Exposition $4,875, Ritchie County Pioneer Days $975, River City Festival (Preston) $975, Riverfest (Marion) $1,950, Roane County Agriculture Field Day $2,925, Romney 250th Celebration (Hampshire) $4,875, Ronceverte River Festival (Greenbrier) $4,875, Rowlesburg Labor Day Festival (Preston) $975, Rupert Country Fling (Greenbrier) $2,925, Saint Spyridon Greek Festival (Harrison) $2,438, Salem Apple Butter Festival (Harrison) $3,900, Sistersville 4th of July Fireworks (Wetzel) $5,363, Smoke on the Water (Kanawha) $1,950, Smoke on the Water (Wetzel) $2,925, South Charleston Summerfest (Kanawha) $9,750, Southern Wayne County Fall Festival $975, Spirit of Grafton Celebration (Taylor) $9,750, Spring Mountain Festival (Grant) $3,900, Springfield Peach Festival (Hampshire) $1,170, St. Albans City of Lights - December (Kanawha) $4,875, Stoco Reunion (Raleigh) $2,438, Stonewall Jackson Heritage Arts & Crafts Jubilee $10,725, Storytelling Festival (Lewis) $488, Strawberry Festival (Upshur) $29,250, Tacy Fair (Barbour) $975, Taste of Parkersburg (Wood) $4,875, Taylor County Fair $5,363, Terra Alta VFD 4th of July Celebration (Preston) $975, Three Rivers Coal Festival (Marion) $7,556, Thunder on the Tygart - Mothers' Day Celebration (Taylor) $14,625, Town of Anawalt Celebration (McDowell) $1,463, Town of Delbarton 4th of July Celebration (Mingo) $2,925, Town of Fayetteville Heritage Festival (Fayette) $7,313, Town of Matoaka Hog Roast (Mercer) $975, Treasure Mountain Festival (Pendleton) $24,375, Tucker County Arts Festival and Celebration $17,550, Tucker County Fair $4,631, Tucker County Health Fair $1,950, Tunnelton Depot Days (Preston) $975, Tunnelton Volunteer Fire Department Festival (Preston) $975, Turkey Festival (Hardy) $2,925, Tyler County Fair $5,070, Tyler County Fourth of July $488, Uniquely West Virginia Festival (Morgan) $1,950, Upper Ohio Valley Italian Festival (Ohio) $11,700, Upper West Fork VFD Bluegrass Festival (Calhoun) $683, Upshur County Fair $6,825, Valley District Fair-Reedsville (Preston) $3,413, Veterans Welcome Home Celebration (Cabell) $2,925, Vietnam Veterans of America Christmas Party (Cabell) $975, Volcano Days at Mountwood Park (Wood) $4,875, War Homecoming Fall Festival (McDowell) $1,463, Wardensville Fall Festival (Hardy) $4,875, Wayne County Fair $4,875, Wayne County Fall Festival $4,875, Webster County Wood Chopping Festival $14,625, Webster Wild Water Weekend $1,950, Weirton July 4th Celebration (Hancock) $19,500, Welcome Home Family Day (Wayne) $3,023, Wellsburg 4th of July Celebration (Brooke) $7,800, Wellsburg Apple Festival of Brooke County $5,363, West Virginia Blackberry Festival (Harrison) $4,875, West Virginia Chestnut Festival (Preston) $975, West Virginia Coal Festival (Boone) $9,750, West Virginia Dairy Cattle Show (Lewis) $9,750, West Virginia Dandelion Festival (Greenbrier) $4,875, West Virginia Fair and Exposition (Wood) $7,898, West Virginia Fireman's Rodeo (Fayette) $2,438, West Virginia Honey Festival (Wood) $1,950, West Virginia Oil and Gas Festival (Tyler) $10,725, West Virginia Polled Hereford Association (Braxton) $1,463, West Virginia Poultry Festival (Hardy) $4,875, West Virginia Pumpkin Festival (Cabell) $9,750, West Virginia Roundhouse Rail Days (Berkeley) $9,750, West Virginia State Folk Festival (Gilmer) $4,875, West Virginia State Monarch Butterfly Festival (Brooke) $4,875, West Virginia Strawberry Festival (Upshur) $2,438, West Virginia Water Festival - City of Hinton (Summers) $15,600, West Virginia Wine & Jazz Festival (Monongalia) $8,775, West Virginia Wine and Arts Festival (Berkeley) $4,875, Weston VFD 4th of July Firemen Festival (Lewis) $1,950, Wetzel County Autumnfest $5,363, Wetzel County Town and Country Days $16,575, Wheeling Celtic Festival (Ohio) $1,950, Wheeling City of Lights (Ohio) $7,800, Wheeling Sternwheel Regatta (Ohio) $9,750, Wheeling Vintage Raceboat Regatta (Ohio) $19,500, Whipple Community Action (Fayette) $2,438, Widen Days Festival (Calhoun) $1,950, Wileyville Homecoming (Wetzel) $3,900, Wine Festival and Mountain Music Event (Harrison) $4,875, Winter Festival of the Waters (Berkeley) $4,875, Wirt County Fair $2,438, Wirt County Pioneer Days $1,950, Youth Stockman Beef Expo. (Lewis) $1,950, Northern Preston Mule Pull and Farmers Days (Preston) $3,900."
 The appropriation that this language is funded from was reduced and I believe that these items can be funded in a reduced amount. Therefore, I am deleting the above language in its entirety contained from line 86 through line 386 on pages 132 through 140.
 My forty-fifth objection to the bill is contained in the language in Item 256, page 140, line 387 through line 390, which states:
 "Any unexpended balance remaining in the appropriation for Unclassified (fund 3534, activity 099), at the close of the fiscal year 2010 is hereby reappropriated for expenditure during fiscal year 2011."
 Fund 3534, activity 099, referred to in the language above has no appropriation. Therefore, I am deleting the corresponding language in its entirety contained from line 387 through line 390, on page 140, because funds cannot be reappropriated that do not have an original appropriation and this language is unnecessary.
 My forty-sixth objection to the bill is contained in the language found in Item 256, page 140, line 391 through line 394, which states:
 "Any unexpended balance remaining in the appropriation for Fairs and Festivals (fund 3534, activity 122), at the close of the fiscal year 2010 is hereby reappropriated for expenditure during fiscal year 2011."
 This appropriation was for one year of projects and reappropriation is not required. Therefore, I am deleting the corresponding language in its entirety from line 391 through line 394 on page 140.
 My forty-seventh objection to the bill is contained in the language found in Item 257, page 141, line 1, which states:
 "Books and Films                                    179        $450,000"
 The above appropriation of $450,000 would keep the state's share of funding at the FY 2010 level. I believe a 5% reduction is reasonable in light of the reduced state revenue available for all state funded projects. Therefore, I am reducing the amount of the appropriation by $22,500 to $427,500.
 My forty-eighth objection to the bill is contained in the language found in Item 257, page 141, line 3, which states:
 "Grants to Public Libraries                         182        8,348,884"
 The above appropriation of $8,348,884 would keep the state's share of funding at the FY 2010 level. I believe a 5% reduction is reasonable in light of the reduced state revenue available for all state funded projects. Therefore, I am reducing the amount of the appropriation by $417,444 to $7,931,440.
 My forty-ninth objection to the bill is contained in the language found in Item 257, page 141, line 5, which states:
 "Libraries - Special
     Projects (R)                                    625        800,000"

 My recommended FY 2011 budget for this line item included an appropriation equal to $744,800. Due to the budget challenges and to better position the state to address anticipated budget shortfalls I am reducing the appropriation by the amount of $55,200 to $744,800.
 My fiftieth objection to the bill is contained in the language found in Item 258, page 141, line 9 through line 10, which states:
"Senior Citizen Centers and

     Programs (R)                                  462 2,600,000"

 This appropriation is at the FY 2010 level. Due to the budget challenges and to better position the state to address anticipated budget shortfalls, I am reducing this appropriation by 5%. Therefore, I am reducing the amount of the appropriation by $130,000 to $2,470,000.
 My fifty-first objection to the bill is contained in the language found in Item 258, page 142, line 27, which states:
 "West Virginia Helpline                             006        250,000"
 This appropriation has been renamed from WV Elder Watch and increased $100,000. I am reducing this appropriation to the FY 2010 level less a 5% reduction. Therefore, I am reducing the appropriation by the amount of $107,500 to $142,500.
 My fifty-second objection to the bill is contained in the language found in Item 259, page 142, line 1, which states:
 "Debt Service - Total (R)                           310        $5,000,000"
 The above appropriation has the "(R)" symbol to indicate reappropriation. However, there is no enabling language under the item to allow for this. Therefore, I am deleting "(R)".
 My fifty-third objection to the bill is contained in the language found in Item 268, page 147, line 2 through line 4, which states:
 "From the above appropriation for Unclassified-Total (fund 3277, activity 096), an amount not less than $150,000 is for capital improvements at Big Ditch Lake."
 Fund 3277, State Park Improvement Fund, established by W. Va. Code §29-22-18a is for improvements to state parks. Big Ditch Lake is a Wildlife Management Area (WMA) and using funding from this fund for this purpose would be in conflict with state code. The Wildlife Resources section of the Division of Natural Resources has indicated that improvements are scheduled for this WMA during the current fiscal year. Therefore, I am deleting the above-quoted language in its entirety contained from line 2 through line 4, on page 147.
 My fifty-forth objection to the bill is contained in the language found in Item 274, page 150, line 17 through line 20, which states:
 "From the above appropriation for School Access Safety (activity 978) up to $5,000,000 may be used to work with public schools throughout the state for tactical surveys of the school facilities."
 Similar language was contained in the FY 2010 Budget Bill. With this language added for FY 2011, this would possibly make eligible up to $10,000,000 for this project, which is diverting monies and delaying grants to counties from the original intent of the School Access Safety appropriation to provide hardware to make our schools safer. Therefore, I am deleting the corresponding language in its entirety contained from line 17 through line 20, on page 150.
 My fifty-fifth objection to the bill is contained in the language found in "Sec. 10. Special revenue appropriations." on page 169, line 22 through line 38, which states:
 "In addition to the preceding provisions, from Fund 1509, the Consumer Protection Recovery Fund, from the balance of funds obtained by the Attorney General pursuant to the Zyprexa settlement agreement, the amount of $7,100,000 is hereby appropriated to provide for grants for the sole and exclusive purposes of substance abuse prevention, intervention, treatment and recovery consistent with the findings of "The Governor's Comprehensive Strategic Plan to Address Substance Abuse in West Virginia" and the recommendations of the Partnership to Promote Community Well-Being. The grants shall be allocated by the Attorney General in accordance with data-based criteria to be developed by the Attorney General, and priority consideration shall be given to unserved and underserved areas of the state. The Attorney General shall administer the grants and collect data measuring their effectiveness."
 The above language regarding $7,100,000 from the Zyprexa settlement includes funding for pilot projects for substance abuse prevention, intervention, treatment and recovery, which are to be developed and administered by the Attorney General. Based upon the anticipated funding challenges within the West Virginia budget, the requirements and commitments of the state in the Hartley decree, the recommendations in the Governor's Commission on Prison Overcrowding and the recommendations of the Governor's Comprehensive Behavioral Health Commission for integration of behavioral health and primary care, it is imperative that an incremental and comprehensive approach be coordinated and implemented by the Single State Authority for Behavioral Health Programs to achieve all desired outcomes contained therein. This appropriation creates a duplicative system of services and administration, which undermines the state's current goals and responsibilities. Therefore, I am striking in its entirety the language on page 169, from line 22 to line 38.
 For the reasons stated herein, I have approved, subject to the above objections, Enrolled Committee Substitute for Senate Bill No. 213.
                              Sincerely,
                               Joe Manchin III,
                               Governor.
Veto Messages

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 24, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4397.
     This bill requires a plan to increase the number of State Troopers in West Virginia to eight hundred by July 1, 2016. Although I firmly support enhanced public safety efforts through a plan to increase trooper strength in West Virginia, placing a specific number and time frame on that plan is something that cannot and should not be mandated by law.
     Increasing trooper strength should be considered when it is feasible to effectively and efficiently do so. It must be an effort that is well planned in order to ensure that the mission of the State Police can be professionally accomplished by an elite, well-trained and well-equipped force. By mandating the State Police grow by more than one hundred twenty members in roughly five years, acceptance standards may have to be lowered to find the numbers necessary to meet the bill's mandated trooper level of eight hundred. Lowering acceptance standards does not promote public safety and undermines the hard work of so many within the State Police who are proud to be referred to as "second to none."
     For these reasons, I must veto Enrolled Committee Substitute for House Bill No. 4397.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Richard Thompson
     The Honorable Earl Ray Tomblin

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

                                                  March 25, 2010
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 42.
     Enrolled Senate Bill No. 42 amends article thirty-eight, chapter eight of the West Virginia Code, which relates to economic opportunity development districts. The bill would expand the scope of entities that may apply for economic opportunity development districts to include Class III municipalities and Class IV towns or villages; require the Development Office to determine whether a project is large enough to require mixed-use development that includes an affordable housing component; change the standard for the Development Office when calculating project financing reserves to a "prevailing commercial capital market considerations" standard; and grant the Development Office discretion to reduce the minimum percentage of special district excise taxes to be deposited by the Tax Commissioner in the state general revenue fund from twenty percent to ten percent on certain projects.
     There are at least four reasons for me to veto this bill. First, and foremost, this administration does not favor the use of sales tax increment financing because, in many applications, such financing sacrifices long-term economic viability for short-term sales tax growth. Furthermore, the consumer sales tax supports many services that assist the citizens of this state, and I cannot endorse the erosion of this tax base. The Development Office has not approved any sales tax increment financing since I became Governor, which alone warrants my disapproval of this bill given that the Development Office would be encumbered with applications that are unlikely to be approved under any circumstance. Second, the term "prevailing commercial capital market considerations" as it relates to calculating financial reserves is undefined, ambiguous and could lead to unintended consequences. Third, the bill expands to smaller municipalities, yet their ability to put forth applications that would meet the established criteria for economic opportunity development districts is unclear. Moreover, this expansion also could lead to unintended consequences or undue burdens on incumbent sales tax providers. Fourth, the latitude this bill gives the Development Office to reduce the minimum percentage of special district excise taxes deposited by the Tax Commissioner in the state general revenue fund is overly broad. I am appreciative that this discretion is limited by the bill to projects that are in excess of $100 million, require no further state funds, and contain a mixed-use housing component. However, the Development Office, an agency with no responsibility for or expertise in managing the state fisc, should not make decisions affecting the state's general revenue fund outside of the established minimum requirements for special district excise taxes. At the very least, the approval of the Governor must be required before such discretion is exercised.
     For these reasons, I must veto Enrolled Senate Bill No. 42.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     The Honorable Richard Thompson

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 25, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 507.
     As you know, I am a strong supporter of mine safety and have spearheaded historical changes in mine safety in this state. Enrolled Committee Substitute for Senate Bill No. 507 would establish a tax credit designed to encourage investments in innovative mine safety technology. Although I support efforts to enhance mine safety, I must veto this bill because of a conflict with another bill that passed after Enrolled Committee Substitute for Senate Bill No. 507. Enrolled Committee Substitute for House Bill No. 4525 amends a section of the West Virginia Code, W. Va. Code §22A-11-3, that is also amended by Enrolled Committee Substitute for Senate Bill No. 507. Having passed after this bill, the provisions of Enrolled Committee Substitute for House Bill No. 4525 would control, thus eliminating this bill's amendments to W. Va. Code §22A-11-3, which are critical to administering the proposed tax credit.
     For this reason, I must veto Enrolled Committee Substitute for Senate Bill No. 507.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     The Honorable Richard Thompson
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 25, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 651.
     Enrolled Committee Substitute for Senate Bill No. 651 would create a bidding preference for current holders of limited video lottery terminal permits. If approved, the bill would give a current permit holder the right to match the bid of a new bidder by paying the bid price plus an amount equal to ten percent of the bid price.
     I must object to this bill because of vagueness and the potential for regulatory conflicts. Although the bill intends to apply a preference only to limited video lottery permits, the bill amends article three, chapter five-a of the West Virginia Code, which relates to the Division of Purchasing. This is problematic because there is no explicit language in the bill that would exempt the Division of Purchasing from regulating the limited video lottery bid process, which should be regulated solely by the West Virginia Lottery Commission.
     After thorough discussions, interested parties and state agencies have agreed to legislation that would address this concern. I truly appreciate the cooperation and diligence of all parties to these discussions. Barring any unforseen circumstances, I intend to place this revised legislation on a special session call later this year and I urge the Legislature to consider its passage.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     The Honorable Richard Thompson
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

                                                  March 30, 2010
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4281.
     The bill updates terminology throughout the code relating to intellectually disabled persons. I regret that I must veto this bill because its title and enacting clause do not list a section reference to a section purportedly amended by the bill. Accordingly, I find the title and enacting clause inconsistent with the substance of the bill so as to render the bill constitutionally defective.
     For this reason, I must veto Enrolled Committee Substitute for House Bill No. 4281.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Richard Thompson
     The Honorable Earl Ray Tomblin

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

                                                  April 1, 2010
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill No. 122.
     Enrolled Senate Bill No. 122 amends section one, article four, chapter twenty-seven of the West Virginia Code, which relates to the authority of a mental health facility to receive voluntary patients. The bill would amend the Code to permit the voluntary hospitalization of a minor without the minor's consent. Also, the bill would require the release of a minor patient's drug addiction and treatment records without the minor's consent.
     This amendment, permitting the unauthorized release of a minor's drug addiction and treatment records, is in direct conflict with federal law that prohibits the release of such records without the written consent of the minor. See C.F.R. §2.14 (providing that where a minor acting alone has the legal capacity under applicable law to apply for and obtain alcohol or drug abuse treatment, any written consent for the disclosure of records may be given only by the minor patient); see also W. Va. Code §60A-5-504(e) (providing that a minor may obtain treatment for alcohol addiction without the knowledge or consent of a parent or guardian); and W. Va. Code §60- 6-23 (providing that a minor may obtain treatment for drug addiction without the knowledge or consent of a parent or guardian). Moreover, state law may not authorize or compel any disclosure of drug or alcohol treatment records that is otherwise prohibited under federal law. See 42 C.F.R. §2.20.
     Therefore, if approved, this bill would subject mental health facilities to conflicting responsibilities and possible criminal penalties. See 42 C.F.R. §2.4 (requiring the assessment of criminal fines against any person who violates the prohibition against the unauthorized disclosure of drug or alcohol treatment records).
     Although I support the intent of this legislation, I must veto Enrolled Senate Bill No. 122 for the reasons outlined above. However, I encourage the Department of Health and Human Resources to work with the bill's sponsors to address the problems with this legislation so that it may be reconsidered by the Legislature at a later time.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     The Honorable Richard Thompson
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

                                                  April 2, 2010
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled House Bill No. 3110.
     Enrolled House Bill No. 3110 renames conservation officers as "natural resource police officers." The bill also renames the chief conservation officer the "chief natural resources police officer." I strongly support the intent of this bill as a matter of safety and respect for our state conservation officers. However, I must regretfully veto the bill because of increased liabilities and litigation that may result over whether the officers are eligible to receive certain tax benefits.
     The tax benefit at issue is a decreasing personal income tax modification applicable to all retirement income that is available to retirees under a "West Virginia police" retirement plan. See W. Va. Code §11-21-12(c)(6). Retired conservation officers are currently entitled to a $2,000 decreasing personal income tax modification for income received from the Public Employees Retirement System. See W. Va. Code 11-21-12(c)(5). It is unclear from the bill whether the name change would entitle "natural resource police officers" to the more lucrative decreasing personal income tax modification that is available to police. In the absence of specific language addressing the issue, litigation would surely result.
     Moreover, if a court would determine that natural resource police officers are entitled to a decreasing modification on all of their retirement income, similarly situated federal retirees could claim that the state tax scheme is required to treat them the same. See Brown v. Mierke, 443 S.E.2d 462 (W. Va. 1994) (upholding state tax scheme that prohibited federal military retirees from receiving certain tax and retirement benefits, in part, because the retirees' job descriptions did not correspond in any meaningful way with the job descriptions of retired state municipal firefighters and police officers); see also Dodson v. Palmer, Civil Action No. 00-C-AP-10, Circuit Court of Monongalia County (2000) (holding that a retired federal corrections officer and firefighter was entitled to the same tax benefits as retired West Virginia police officers and firefighters). Under this scenario, the State would be liable for more funds than what was estimated in the fiscal note accompanying this bill. Therefore, the fiscal impact of this bill is unclear and should be reevaluated prior to any reconsideration by the Legislature.
     For these reasons, I must veto Enrolled House Bill No. 3110. However, I support the intent of this legislation and I intend to seek passage of a revised bill that addresses the concerns outlined above.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Richard Thompson
     The Honorable Earl Ray Tomblin
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 2, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled House Bill No. 4521.
     Enrolled House Bill No. 4521 creates an annual sales tax holiday on the purchase of firearms. Although I strongly support the Second Amendment to the United States Constitution and while I recognize the importance of firearms and hunting to our state, I cannot approve this bill at this time due to its impact on state revenues.
     If approved, this bill would cost the state an estimated $25,000 a year in lost sales tax revenue and, potentially, $3,000,000 a year in lost revenue from the Streamlined Sales and Use Tax Agreement. The Streamlined Sales and Use Tax Agreement is an agreement with other states to collect sales and use taxes on certain interstate transactions. West Virginia receives approximately $3,000,000 annually from the agreement. This bill puts West Virginia in danger of violating the agreement because the agreement does not permit sales tax holidays for firearms. A violation could mean expulsion from the agreement. If West Virginia is expelled, other member states may cease collecting sales and use taxes for the state.
     Our state has a great outdoor tradition. However, in this time of economic uncertainty, I cannot, as Governor, afford to put this state in a position to lose millions of dollars in tax revenues. That is why I must regretfully veto Enrolled Committee Substitute for House Bill No. 4521.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Richard Thompson
  The Honorable Earl Ray Tomblin
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 6, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
  Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for Senate Bill No. 515.
  Enrolled Committee Substitute for Senate Bill No. 515 would increase certain criminal penalties relating to the sale of firearms and ammunition and establish new felony offenses relating to encouraging the illegal sale of firearms and ammunition. I am in full support of this legislation. However, I must veto the bill for technical reasons. There is a faulty cross-reference in the bill that would purportedly penalize violations of an unrelated code section.
  For this reason, I must veto Enrolled Committee Substitute for Senate Bill No. 515. However, I encourage the Legislature to reconsider this measure in the future and return it to my desk for approval.
                         Very truly yours,
                          Joe Manchin III,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     The Honorable Richard Thompson

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 6, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol                 
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill No. 4557.
     Enrolled Committee Substitute for House Bill No. 4557 affects the duties of the Legislative Oversight Commission on Health and Human Resources Accountability. If approved, the commission would be required to review, upon submission to the appropriate purchasing entity, all Department of Health and Human Resources requests for proposals valued at over $500,000 and change orders to existing contracts valued at over $500,000.
     I strongly support the intent of this bill. The free exchange of information between the executive branch and legislative branch is critical to good government. My objection to the bill is purely technical and is necessary because certain provisions of the bill would lead to consequences that, I believe, are contrary to the bill's intent.
     As stated above, the bill would require the review of requests for proposals and change orders "upon submission to the appropriate purchasing entity." The Department of Health and Human Resources, like many state agencies, regularly submits documents to the Division of Purchasing in draft form for comment and review. Therefore, if this bill were approved, it would require, in some instances, the public release of purchasing documents that have not received final agency approval. Outside vendors and other interested parties could seek to influence the drafting of contract terms if requests for proposals or change orders are released prior to final agency approval. I do not believe this was the intent of the Legislature when it passed this bill.
     For this reason, I must veto Enrolled Committee Substitute for House Bill No. 4557. However, I encourage the Department of Health and Human Resources to work with the bill's sponsors and the Legislature to ensure that any requested information is provided for review.
                              Very truly yours,
                               Joe Manchin III,
                               Governor.
cc:  The Honorable Richard Thompson
     The Honorable Earl Ray Tomblin

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 7, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill No. 169.
     Enrolled Senate Bill No. 169 amends article fifteen, chapter thirty-one of the West Virginia Code, which is the West Virginia Economic Development Authority (WVEDA) statute. The bill provides that the WVEDA shall consider several factors when evaluating loans for tourism projects, including whether the project will create a specific number of jobs, whether the jobs meet specific compensation levels, and whether the jobs provide benefits. However, the bill also provides that the WVEDA may not deny a loan solely on the basis that it does not create a specific number of jobs, the jobs will not meet certain compensation levels, or the jobs do not pay benefits.
     It has been my philosophy from day one that public moneys should be used only for projects that create good jobs for working West Virginians. While this bill would require the WVEDA to consider a project's impact on job creation, it would permit the lending of taxpayer dollars for projects that do not create lasting jobs or jobs with good pay. This is contrary to my philosophy.
     I acknowledge that tourism needs access to every available development tool, and I will sit down with this bill's sponsors and the industry to identify areas where the state can help. However, for the reasons above, I must veto this legislation.
                              Very truly yours,
                               Joe Manchin III,
                               Governor
.
cc:  The Honorable Earl Ray Tomblin
  The Honorable Richard Thompson

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 7, 2010

The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Tennant:
  Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill No. 4652.
  This bill would mandate a process for school calendar scheduling in each county. The process would include the appointment of a school calendar committee, the selection of multiple school calendar options by the committee, and a vote by county school employees. If approved, the bill would require each county board of education to adopt a calendar that was approved by the majority of school employees. The deadline for adopting a calendar would be June 1.
  My objection to this bill stems from the idea that county boards of education should have more flexibility and autonomy when it comes to decisions relating to the school calendar. This bill would restrict the method by which a county board may choose its school calendar. Several counties may wish to adopt this method, and indeed many have already adopted a similar process. Other counties, however, may have different needs and those county boards of education should be afforded the freedom to adopt specifically tailored procedures.
  I truly believe that decisions affecting the school calendar are best made at the county level. That is why I requested legislation to provide more flexibility to county boards when selecting the beginning and ending dates of the school term. County boards would have less authority over the school calendar if this bill were approved. Therefore, I must veto Enrolled Committee Substitute for House Bill No. 4652.
                                        Very truly yours,
                                         Joe Manchin III,
                                         Governor.
cc:  The Honorable Richard Thompson
     The Honorable Earl Ray Tomblin
     All business of the sixty-day and extended session now being concluded,
     Senator White, 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 White then reported this mission accomplished.
     Thereupon,
     On motion of Senator Chafin, the Senate adjourned sine die.
__________

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