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SENATE (2012)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

EXTENDED SESSION, 2012

SIXTY-SIXTH DAY

____________

Charleston, W. Va., Friday, March 16, 2012The Senate met at 11 a.m.

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

    Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

    Pending the reading of the Journal of Thursday, March 15, 2012,

    On motion of Senator Edgell, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the third order of business.

Executive Communications

    The Clerk then presented communications from His Excellency, the Governor, advising that on March 15, 2012, he had approved Enr. Committee Substitute for House Bill No. 3177, Enr. Committee Substitute for House Bill No. 4088, Enr. Committee Substitute for House Bill No. 4125, Enr. Committee Substitute for House Bill No. 4238, Enr. House Bill No. 4251, Enr. House Bill No. 4299, Enr. Committee Substitute for House Bill No. 4330, Enr. Committee Substitute for House Bill No. 4351, Enr. House Bill No. 4523, Enr. Committee Substitute for House Bill No. 4530, Enr. House Bill No. 4583 and Enr. Committee Substitute for House Bill No. 4630.

    The Senate proceeded to the fourth order of business.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 15th day of March, 2012, 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. 185), Relating to Employee Suggestion Award Program.

    (Com. Sub. for S. B. No. 186), Providing salary equity supplement payments to teachers and service personnel.

    (S. B. No. 191), Relating to personal safety orders.

    (Com. Sub. for S. B. No. 212), Creating criminal offense for disrupting communications and public utility services.

    (S. B. No. 365), Increasing membership of PEIA Finance Board.

    (Com. Sub. for S. B. No. 371), Providing school system under declared state of emergency participate as collaborative innovation zone.

    (Com. Sub. for S. B. No. 387), Requiring training of floodplain managers.

    (S. B. No. 410), Requiring backup withholding on certain gambling winnings.

    (S. B. No. 430), Conforming code provisions to Streamlined Sales and Use Tax Agreement.

    (Com. Sub. for S. B. No. 471), Authorizing Supreme Court establish mental hygiene commissioners' compensation.

    (Com. Sub. for S. B. No. 621), Requiring DOH concur major subdivisions or land developments provide sufficient access.

    (S. B. No. 650), Making supplementary appropriation from General Revenue to DHHR, Division of Human Services.

    (S. B. No. 673), Expiring funds from MAPS, Office of the Secretary, and making supplementary appropriation to MAPS, Division of Corrections, Correctional Units.

    And,

    (S. B. No. 676), Extending grant funding application date for Chesapeake Bay watershed compliance projects.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 16th day of March, 2012, 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. 2278), Authorizing the use of additional medium for use in archiving government records.

                             Respectfully submitted,

                               Brooks F. McCabe, Jr.,

                                 Member, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 16th day of March, 2012, 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. 4068), Providing that antique motor vehicles be valued at their salvage value for personal property tax purposes.

    (Com. Sub. for H. B. No. 4239), Increasing the membership of the West Virginia Board of Osteopathy.

    And,

    (Com. Sub. for H. B. No. 4279), Permitting municipalities to stagger the terms of elected officers.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

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

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 15, 2012

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear President Kessler:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 212. The enrolled bill appears to have a technical error within the penalty provision of subsection (a), section forty-nine-b, article three, chapter sixty-one.

    Although I support the substance of this legislation, because the bill contains the referenced flaw, I must veto Enrolled Committee Substitute for Senate Bill No. 212. However, I encourage the Legislature to reconsider this matter and return it to my desk for approval.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

    Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider

    Enr. Com. Sub. for Senate Bill No. 212, Creating criminal offense for disrupting communications and public utility services.

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

    The question being on the adoption of Senator Unger’s motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 212, the same was put and prevailed.

    On motion of Senator Unger, the following amendment to the bill was reported by the Clerk and adopted:

    On page two, section forty-nine-b, line eleven, by striking out the word “and” and inserting in lieu thereof the word “or”.

    The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

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

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

    Senator Kessler (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 15, 2012

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear President Kessler:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 371.

    Apparently, portions of subsection (k), section twelve, article five-b, chapter eighteen of the Code of West Virginia, 1931, as amended (the “Code”), that were agreed to during the conference committee process were omitted from the conference report and were also, therefore, omitted from Enrolled Committee Substitute for Senate Bill No. 371. Additionally, the enrolled bill appears to have several technical errors within. Accordingly, the enrolled bill does not reflect the agreement between the Senate and the House of Delegates and must be vetoed.

    Although I support the substance of this legislation, because the bill contains the referenced flaws, I must veto Enrolled Committee Substitute for Senate Bill No. 371. However, I encourage the Legislature to reconsider this matter and return it to my desk for approval.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

    Senator Unger moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider

    Enr. Com. Sub. for Senate Bill No. 371, Providing school system under declared state of emergency participate as collaborative innovation zone.

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

    The question being on the adoption of Senator Unger’s motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 371, the same was put and prevailed.

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

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.

§18-5B-12. School system collaborative innovation zone; requirements to qualify; application for designation; required plans for innovation zones; plan approval; waiver of statutes, policies, rules or interpretations; progress reviews and annual reports; teacher vacancies, job postings and approval.

    (a) The Legislature makes the following findings and expressions of legislative intent:

    (1) The Legislature created a performance-based accreditation system in 1988 and has amended these provisions several times, significantly in 1998 to set forth a process for improving education consisting of four elements: (i) High quality education standards; (ii) an assessment of the performance and progress of schools and school systems in achieving these standards with a primary focus on student learning; (iii) holding schools and school systems accountable for performance and progress to provide assurances that a thorough and efficient education is being provided; and (iv) a process for targeting resources strategically to improve teaching and learning. These provisions include a process for the state board to declare a state of emergency and intervene in the operation of a school system when its educational program does not meet the standards and it fails to implement an improvement plan or meet the plan’s deadlines and improve within a reasonable time. Since the inception of these provisions, the state board has declared a state of emergency in nine county school systems and intervened, including delegating decision-making authority to the state superintendent or his or her designee for system operations. Of these nine school systems, three improved sufficiently over a period of time for the state of emergency to be rescinded, the longest of which took ten years and six months. Of the six systems remaining under state board intervention, although most are fairly recent, one school system has been under state intervention for more than ten years and its improvement is progressing slowly;

    (2) School systems do not exist in a vacuum and external circumstances and events can have a significant impact on them and the students they serve, as well as on the system’s capacity to deliver the thorough and efficient education to which those students are entitled. For example, the McDowell County school system which in the 1950’s at its height of employment in coal production had a total population of about 100,000 residents, faced much different challenges than it does today with that county’s total population now at 22,113 based on the 2010 census. This school system has lost nearly 70 percent of its enrollment in the past 30 years, declining from 11,715 students in 1981-82 to 3,535 in 2011-12. Along with the steep decline in the historical bedrock of employment in the county in the coal industry and the large number of middle class workers and services it supported, including housing, utilities and medical care, the county’s rugged mountainous topography contributes to its vulnerability to natural disasters such as the devastating floods in 2001 and 2002 that swept away many homes and much of the infrastructure along the creek beds throughout the county. This topography also significantly limits the amount of land suitable for development and transportation networks, and makes planning for future economic development alternatives difficult. The social and economic byproducts of these external circumstances and events leave a school system with many atypical challenges for addressing the needs of its students and making the improvements in performance and progress needed to assure a thorough and efficient education;

    (3) Among the findings, intent and purposes of this article are that: (i) Allowing exceptions from certain statutes, policies, rules and interpretations through the creation of innovation zones will enable greater local control over the important educational factors that impact student achievement and the delivery of educational services to improve student learning; and (ii) Innovation zones will provide greater flexibility and local control to meet the needs of a diverse population of students. In addition, among the findings of the Local Solution Dropout Prevention and Recovery Innovation Zone Act as set forth in section eleven of this article are findings that when educators, parents, elected officials, business leaders, faith-based leaders, human service personnel, judicial personnel and civic leaders collectively work together they are often able to find innovative solutions to address school and community problems. Since the creation of this article, forty-five innovation zone projects have been approved by the state board, nine of which were Dropout Prevention and Recovery Innovation Zone projects. Twenty-seven policy waivers and five statutory waivers have been granted to enable implementation of these projects. In one county, an innovation zone project was expanded to all of the remaining schools in the county when the schools used the Local School Improvement Council waiver process to request and receive a statutory waiver to implement a comprehensive new teacher induction process county-wide. Collectively, these projects illustrate how local schools, and in some cases school systems, have increased their capacity by using the innovation zone process to collaboratively plan and implement a variety of changes to increase student engagement, develop more flexible schedules, enhance student and teacher ownership of the learning process and increase student achievement;

    (4) Choosing one county school system under a declared state of emergency due to nonapproval status to designate as an innovation zone would allow the testing of innovations that could be replicated in other school systems facing similar circumstances across the state, nation and world;

    (5) Numerous studies have shown an association between a young person’s health status and his or her ability to succeed in educational settings;

    (6) McDowell County is unique and should be given the first opportunity to use innovative solutions to improve its education system when the totality of the circumstances set forth in this subsection are considered. Other facts specifically applicable to McDowell County include the following:

    (A) The McDowell County school system has been under a continuous declared state of emergency by the state board due to nonapproval status longer than any other county that is currently under a declared state of emergency;

    (B) The McDowell County school system is engaged in a public-private partnership to begin addressing challenges both within the school system and in the community at large; and

    (C) McDowell County has a chronic shortage of good roads, public transportation, housing, Internet bandwidth, recreation centers and health clinics;

    (7) This section is intended as an additional tool for an eligible school system in collaboration with community and business partners to plan and implement new approaches to improve the performance and progress of the students, schools and system to achieve full approval at the earliest possible date. It is further the intent of the Legislature that the process for an eligible school system to apply for exceptions under this section should allow multiple opportunities to apply for additional exceptions as the system moves forward with its partners toward fulfillment of its improvement goals; and

    (8) In accordance with the intent of this section as an additional tool for planning and implementing new approaches to improve the performance and progress of the students, schools and school system to achieve full approval at the earliest possible date, the state board shall rescind the state of emergency and nonapproval status of a school system designated as a school system collaborative innovation zone as soon as the requisite conditions are met as provided in section five, article two-e of this chapter, notwithstanding the designation. If a school system that has been designated as a school system collaborative innovation zone is subsequently issued a school system approval status that would make it ineligible for the designation, the designation shall remain in effect as provided in this section.

    (b) The state board is authorized to choose one county school system currently under a declared state of emergency by the state board due to nonapproval status to participate in a program to test the effectiveness of allowing such county school systems to be considered school system collaborative innovation zones. Due to the reasons set forth in subsection (a) of this section, the McDowell County Board of Education shall be provided the first opportunity to submit a school system collaborative innovation zone application under this article. If the McDowell County Board of Education has not submitted an application by April 1, 2013 or less than fifty percent cast ballots in an election to approve a school system collaborative innovation zone plan, the state board may accept applications from other county boards under a declared state of emergency by the state board due to nonapproval status.

    (c) The Legislature finds that an emergency exists and, therefore, no later than April 16, 2012, the state board shall promulgate an emergency rule in accordance with section ten, article three-b, chapter twenty-nine-a of this code, to implement the provisions of this section. The state board also shall promulgate a legislative rule, in accordance with article three-b, chapter twenty-nine-a of this code, to implement this section. Both rules shall include, but not be limited to, the following provisions:

    (1) The manner, time and process for the submission of a school system collaborative innovation zone application;

    (2) The contents of the application, which must include a general description of the innovations the county school district seeks to institute;

    (3) Factors to be considered by the state board when evaluating an application, which shall include, but are not limited to, the following factors:

    (A) Support from teachers, staff, parents, students, the county board of education, the local school improvement council and school business partners; and

    (B) The potential for an applicant to be successful in raising student achievement as a school system collaborative innovation zone; and

    (4) Standards for the state board to review applications for designation as a school system collaborative innovation zone and to make determinations on the designation of a school system collaborative innovation zone.

    (d) The state board shall review school system collaborative innovation zone applications in accordance with the standards adopted by the board and shall determine whether to designate the applicant as a school system collaborative innovation zone. The state board shall notify an applicant of the board’s determination within thirty days of receipt of the application.

    (e) Prior to designation by the state board as a school system collaborative innovation zone, county school systems submitting applications shall develop school system collaborative innovation zone plans. The school system collaborative innovation zone plan may include, but is not limited to, the following proposals:

    (1) Allowing increased collaborative site-based decision-making powers over the budgeting for and spending on programs and services for students;

    (2) Allowing increased collaborative site-based decision-making powers over teacher recruitment;

    (3) Allowing a collaborative process which ensures accountability and transparency to all stakeholders;

    (4) Allowing a collaborative process which provides input and demonstrative buy-in from education personnel regarding appropriate professional development, supports, resources and working conditions.

    (5) Allowing a collaborative site-based process to reduce certain requirements to allow staff to meet the school’s mission;

    (6) Allowing, through a collaborative site-based process, flexibility to the alternative teacher certification provided in section one-a, article three, chapter eighteen-a of this code;

    (7) Utilizing virtual school courses aligned with the Southern Regional Education Board’s Standards for Quality Online Courses; and

    (8) Other innovation zone plans approved under the provisions of this article and being implemented in other schools and school systems throughout the state.

    (f) Prior to submitting a school system collaborative innovation zone plan to the state board:

    (1) The school system in collaboration with its public-private partnership shall conduct public town hall meetings in at least two schools in the county for the purpose of soliciting input from those in attendance on the challenges affecting the quality of education in the county and the potential strategies and priorities for addressing them. The two meetings shall occur within ten days of each other;

    (2) Within fifteen days after the last town hall meeting, the county superintendent shall hold a meeting for the purpose of reviewing the input gathered at the public town hall meetings and developing the school system collaborative innovation zone plan. The meeting shall include the principals employed within the county, the chairs of the faculty senates of each school in the county, employee organization representatives, a school service person from each work-site, parents and other stakeholders;

    (3) Within fifteen days after the meeting to develop the school system collaborative innovation zone plan, the county superintendent shall hold a meeting of all regularly employed school employees for the purpose of educating those employees about the plan and for the purpose of providing the employees an opportunity to examine and discuss the school system collaborative innovation zone plan; and

    (4) At the meeting required by subdivision (3) of this subsection, the county superintendent shall direct that a vote of all regularly employed school employees in the county be conducted to determine the level of school employee support for the school system collaborative innovation zone plan. The vote shall be completed within fifteen days after the meeting required by subdivision (3) of this subsection. The vote shall be by secret ballot administered by the panels created in subsection (c), section six of this article for each school and shall be administered in accordance with that subsection. For the vote to be valid, ballots must be cast by at least fifty percent of all regularly employed school employees in the county. The plan may not be submitted to the state board and the state board may not designate the school system as a school system collaborative innovation zone unless at least two-thirds of the employees voting vote to submit the plan.

    (g) Approval of a school system collaborative innovation zone plan pursuant to this section is at the sole discretion of the state board. Any approval requirement not contained within this section does not apply.

    (h) The plan is intended to serve as the basis for the innovation zone activities of the school system and to provide a vision for the school improvement goals it will work to accomplish in collaboration with its school and community partners. The plan is not intended as a limit on the normal school improvement activities that all school systems are expected to pursue, nor is the plan intended as a restriction on the ability of the school system or its schools to pursue other innovative strategies in accordance with the other provisions of this article, specifically the designation as a Local Solution Dropout Prevention and Recovery Innovation Zone in accordance with section eleven of this article.

    (i) The designation as a school system collaborative innovation zone authorizes the school system to submit requests as provided in subsection (j) of this section to the state board for exceptions to statutes, policies, rules and interpretations that are required to permit implementation by the school system of the innovative strategies contemplated in its school system collaborative innovation zone plan. The designation shall be for a period of five years, during which the school system may submit multiple individual requests for exceptions to permit implementation of different strategies contemplated in the plan as the strategies are developed. Each request for an exception shall be submitted and may be approved by the state board in accordance with subsection (j) of this subsection.

    (j) (1) A school system designated as a school system collaborative innovation zone may request an exception to a statute, policy, rule or interpretation by submitting an application to the state board that contains the following information:

    (A) A description of the program or initiative the school system intends to implement as an innovative strategy to improve student achievement if the request is approved by the state board;

    (B) An explanation of the specific exception to a statute, policy, rule or interpretation, in the singular or plural, that the school system has identified as prohibiting or constraining the implementation of the program or initiative and why the exception is necessary;

    (C) An explanation of how the program or initiative furthers the activities contemplated in the school system collaborative innovation zone plan;

    (D) A certification by the county superintendent that the request for an exception was approved by a vote of the eligible employees in accordance with the process for voting as set forth in section six of this article, except that notwithstanding subsection (d) of said section six, at least two-thirds of the eligible employees voting must vote to request the exception for it to be approved for submission to the state board: Provided, That for the vote to be valid, ballots must be cast by at least fifty percent of the eligible employees; and

    (E) Any other information the state board requires as set forth in its rule pursuant to subsection (c) of this section.

    (2) The state board shall review the request in accordance with the standards adopted by the board in its rule and shall determine whether to approve or disapprove the request. The approval or disapproval of a request is at the sole discretion of the state board. Any approval requirement not contained within this section does not apply.

    (3) Except as provided in subdivision (5) of this subsection, the state board shall approve or disapprove the request within thirty days of receipt, subject to the following:

    (A) No exceptions to state board policies, rules or interpretations are granted unless the state board approves the request at least conditionally pursuant to subdivisions (2) and (5) of this subsection; and

    (B) If the request is disapproved, the state board shall communicate its reasons for the disapproval to the school system and shall make recommendations for improving the request. The school system may amend and resubmit the request.

    (4) Upon approval of the request by the state board, all of the exceptions to state board policies, rules and interpretations that were requested are granted; and

    (5) If a request, or a part thereof, may not be implemented unless an exception to a statute is granted by an Act of the Legislature, the state board may approve the request, or the part thereof, only upon the condition that the Legislature acts to grant the exception. If the state board approves a request on that condition, the state board shall submit the request for an exception to a statute, along with supporting reasons, to the Legislative Oversight Commission of Education Accountability. The commission shall review the request and make a recommendation to the Legislature regarding the exception requested.

    (k) A school system collaborative innovation zone may not request an exception nor may an exception be granted from any of the following:

    (A) A required statewide assessment program administered by the West Virginia Department of Education;

    (B) Any provision of law or policy required by the No Child Left Behind Act of 2001, Public Law No. 107-110 or other federal law; and

    (C) Sections two and seven, article two, chapter eighteen-a of this code and sections seven-a, seven-b, eight and eight-b, article four, chapter eighteen-a of this code, except that a school system collaborative innovation zone may make a job posting for a teacher vacancy in accordance with the procedures and the approval by a vote of the teachers as provided in section eight of this article.

    (l) A county board designated as an school system collaborative innovation zone pursuant to this section that has an approved innovation zone plan may revise its plan and resubmit its plan to the state board for approval after conducting the vote pursuant to subdivision (4), subsection (f) of this section and complying with all other applicable plan requirements set forth in this section except for holding the public town hall meetings required by subdivision (1), subsection (f) of this section.

    (m) The designation of a county school system as a school system collaborative innovation zone shall be for a period of five years. The state board, upon request of the school system, may extend the designation for an additional two years if the school system has outstanding items in its school system collaborative innovation zone plan that it still wants to pursue and only for the purpose of pursuing those outstanding items. The expiration of the designation does not negate any exceptions to statutes, policies, rules or interpretations granted to the school system, unless and until specifically revoked, repealed or modified by the state board or by the Legislature, as applicable.

    (n) The state board or its designated committee shall perform annual performance reviews and provide annual reports in accordance with section seven of this article.

    (o) A county school system whose plan has been approved may make a job posting for a teacher vacancy in accordance with the procedures and approval provided by section eight of this article.

    (p) For any county that is designated as a school system collaborative innovation zone under the provisions of this section and to the extent the following provisions are applicable:

    (1) The county commission of the designated county shall collaborate with the Office of Coalfield Community Development in including any land and infrastructure needs in the land use master plan provided for in section nine, article two-a, chapter five-b of this code. These needs may include, but are not limited to, advancement of public education, economic development, highway development, recreational amenities and housing development;

    (2) An area health organization, such as Tug River Health Association, Inc., is authorized to work with the county board to address the health, wellness and fitness needs of students, parents, school personnel and all others in the county. Tug River Health Association may partner with the Robert C. Byrd Center for Rural Health and the Marshall University Medical School in addressing these needs. In addressing the health, wellness and fitness needs, the following should be considered:

    (A) New evaluations of school-aged children are needed to reassess their health status and direct further interventions;

    (B) Prior to developing new assessment tools and initiating programs, a comprehensive inventory of prior assessment tools and programs is needed to determine their strengths and weaknesses. This can direct further studies and interventions;

    (C) New assessment tools should include objective markers of disease as well as subjective opinions of individual health status and barriers to health;

    (D) Objective and subjective data should be linked at individual and disease-specific levels;

    (E) Disease-specific data may be used to address common barriers to health as perceived by a specific population and tailor interventions to these specific populations;

    (F) The effectiveness of interventions should be assessed using the same health status markers used to develop the intervention;

    (G) Interventions should use available technology that allows individuals to track measures of health and provide assistance in making informed decisions about their health;

    (H) Assessments and interventions should be developed and implemented using community-based participatory research models; and

    (I) Assessments and interventions should be multidisciplinary, collaborative efforts with existing organizations and programs; and

    (3) Area institutions of higher education, such as Concord University and the June Harless Center at Marshall University, are authorized to work with the county board on innovative strategies to address challenges facing the school system and community, including but not limited to, the areas of critical need and shortage in the teaching force, educator professional development and improving the college going rate. In addressing the areas of critical need shortage in the teaching force, consideration should be given to the implementation of an intensively supervised and mentored teacher-in-residence program for prospective teachers during their senior year in lieu of student teaching.;

    And,

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

    Enr. Com. Sub. for Senate Bill No. 371--An Act to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-12, relating to allowing flexibility within county school systems; authorizing the State Board of Education to select a county school system to serve as a school system collaborative innovation zone; giving McDowell County first opportunity to submit application; specifying effect of change in school system approval status; requiring the State Board of Education to promulgate rules and emergency rules; providing the procedure and criteria for application and selection as a school system collaborative innovation zone; requiring development of school system collaborative innovation zone plan; setting forth potential innovations; requiring public town hall meetings; requiring meeting to review input from town hall meetings and develop plan; requiring meeting to educate employees about the plan and to allow examination and discussion of plan; requiring vote to determine level of school employee support; authorizing a designated school system to submit requests for exceptions from county and state board rules, policies and interpretations; permitting exceptions from statutes subject to legislative approval; prohibiting certain exceptions; allowing revision and resubmission of approved plan; setting forth duration of designation; requiring annual performance reviews and reports; permitting the posting of certain teaching vacancies in accordance with certain procedures and approval; and for a school system collaborative innovation zone and to the extent applicable, including any land and infrastructure needs in the land use master plan, authorizing an area health association to work with county board in addressing health, wellness and fitness needs and authorizing an area institution of higher education to work with the county board to address certain challenges.

    The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

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

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 371) takes effect from passage.

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

    The Senate proceeded to the fifth order of business.

    Whereupon, Senator Prezioso, from the committee of conference on matters of disagreement between the two houses, as to

    Eng. Com. Sub. for Senate Bill No. 160, Budget Bill.

    Submitted the following report, which was received:

    Your committee of conference on the disagreeing votes of the two houses as to the amendment of the House to Engrossed Committee Substitute for Senate Bill No. 160 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

    That both houses recede from their respective positions as to the amendment of the House of Delegates, striking out everything after the enacting clause, and agree to the same as follows:

    [CLERK’S NOTE: For full text of conference committee report, see Enrolled Committee Substitute for Senate Bill No. 160.]

                             Respectfully submitted,

    Roman W. Prezioso, Jr., Chair, Douglas E. Facemire, Robert H. Plymale, Ron Stollings, John R. Unger II, Larry J. Edgell, Dave Sypolt, Conferees on the part of the Senate.

    Harry Keith White, Chair, Thomas W. Campbell, Mary M. Poling, Don Perdue, Scott G. Varner, Everette W. Anderson, Jr., Allen V. Evans, Conferees on the part of the House of Delegates.

    Senator Prezioso, Senate cochair of the committee of conference, was recognized to explain the report.

    Thereafter, on motion of Senator Prezioso, the report was taken up for immediate consideration and adopted.

    Engrossed Committee Substitute for Senate Bill No. 160, as amended by the conference report, was then put upon its passage.

    On the passage of the bill, as amended, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 160) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 160) takes effect from passage.

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

    On motion of Senator Unger, the Senate recessed until 1 p.m. today.

    Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 16, 2012

The Honorable Richard Thompson

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear Speaker Thompson:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 2278.

    Apparently, the House conference report does not have an amended title and the Senate version leaves out a reference within the bill. Accordingly, the bill has a constitutionally defective title and does not reflect the agreement between the Senate and the House of Delegates and must be vetoed.

    Because the bill contains the referenced flaws, I must veto Enrolled Committee Substitute for House Bill No. 2278.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Natalie E. Tennant

    A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of

    Enr. Com. Sub. for House Bill No. 2278, Authorizing the use of additional medium for use in archiving government records.

    On motion of Senator Unger, the message was taken up for immediate consideration.

    Senator Unger then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 2278), heretofore disapproved and returned by His Excellency, the Governor, with his objections.

    The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for House Bill No. 2278, the same was put and prevailed.

    On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the title of the bill:

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

    Enr. Com. Sub. for House Bill No. 2278--An Act to amend and reenact §5A-8-20 of the Code of West Virginia, 1931, as amended, relating to the creation of preservation duplicates of state records and destruction of the original records; authorizing the use of additional medium for use in archiving the records; and authorizing county historical societies to obtain a copy of an archived state record.

    The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for H. B. No. 2278) passed with its title, as amended, as a result of the objections of the Governor.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Senator Kessler (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 16, 2012

The Honorable Richard Thompson

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear Speaker Thompson:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4239. The bill’s enacting section contains amended sections of the Code that are not referenced in the bill’s title, therefore rendering the bill constitutionally defective.

    Because the bill contains the referenced flaw, I must veto Enrolled Committee Substitute for House Bill No. 4239.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Natalie E. Tennant

    A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, to take effect from passage, of

    Enr. Com. Sub. for House Bill No. 4239, Increasing the membership of the West Virginia Board of Osteopathy.

    On motion of Senator Unger, the message was taken up for immediate consideration.

    Senator Unger then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 4239), heretofore disapproved and returned by His Excellency, the Governor, with his objections.

    The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for House Bill No. 4239, the same was put and prevailed.

    On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the title of the bill:

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

    Enr. Com. Sub. for House Bill No. 4239--An Act to amend and reenact §30-14-1, §30-14-2, §30-14-3 and §30-14-12b of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Board of Osteopathy; renaming the board the West Virginia Board of Osteopathic Medicine; providing definitions; increasing board membership; providing board composition; increasing the board membership term length; adding term limits; authorizing certain associations to make recommendations on board membership; and adding certain requirements to qualify to serve on the board.

    The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for H. B. No. 4239) passed with its title, as amended, as a result of the objections of the Governor.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for H. B. No. 4239) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Senator Kessler (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 16, 2012

The Honorable Richard Thompson

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear Speaker Thompson:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4279. The bill appears to have a technical error, as a subsection in the bill was deleted but the remaining subdivisions were inadvertently left in.

    Because the bill contains the referenced flaw, I must veto Enrolled Committee Substitute for House Bill No. 4279.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Natalie E. Tennant

    A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of

    Enr. Com. Sub. for House Bill No. 4279, Permitting municipalities to stagger the terms of elected officers.

    On motion of Senator Unger, the message was taken up for immediate consideration.

    Senator Unger then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. Com. Sub. for H. B. No. 4279), heretofore disapproved and returned by His Excellency, the Governor, with his objections.

    The question being on the adoption of Senator Unger's motion that the Senate reconsider Enrolled Committee Substitute for House Bill No. 4279, the same was put and prevailed.

    On motion of Senator Unger, the Senate concurred in the following House of Delegates amendment to the bill:

    On page three, section five, lines forty-three through sixty-one, by striking out all of subsection (f) and inserting in lieu thereof a new subsection, designated subsection (f), to read as follows:

    (f) Municipalities are authorized to stagger and/or change the terms of elected municipal officers. Prior to any changes being made to the terms of elected municipal officers, the procedure to stagger and/or change the terms shall be set by ordinance and must be approved by a majority of the voters.

    The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for H. B. No. 4279) passed with its title, as amended, as a result of the objections of the Governor.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Senator Kessler (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, 2012

The Honorable Richard Thompson

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear Speaker Thompson:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4068. The bill’s title contains an erroneous reference to “appraised value” while the substance of the bill refers to “assessed” values of antique motor vehicles. Accordingly, I find the title of the bill inconsistent with the substance of the bill, so as to render Enrolled Committee Substitute for House Bill No. 4068 constitutionally defective.

    Because the bill contains the referenced flaw, I must veto Enrolled Committee Substitute for House Bill No. 4068.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Natalie E. Tennant

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Prezioso and Unger.

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

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the 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. 160, Budget Bill.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of

    Enr. Com. Sub. for Senate Bill No. 212, Creating criminal offense for disrupting communications and public utility services.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, to take effect from passage, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of

    Enr. Com. Sub. for Senate Bill No. 371, Providing school system under declared state of emergency participate as collaborative innovation zone.

    The Senate proceeded to the sixth order of business.

    Senator Unger offered the following pre-adjournment resolution:

    Senate Resolution No. 63--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.

    Resolved by the Senate:

    That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

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

    Senators Laird, Klempa and Nohe.

    Senator Unger then offered the following resolution:

    Senate Resolution No. 64--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.

    Resolved by the Senate:

    That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

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

    Senators Minard, Foster and K. Facemyer.

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

    Delegates Varner, Frazier and Snuffer, 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 Butcher, Rodighiero and Savilla, 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 Minard, Foster and K. Facemyer, 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.

    At the request of Senator Unger, and by unanimous consent, the Senate returned to the fourth order of business.

    Senator Kessler (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,

                               Jeffrey V. Kessler,

                                 Chairman ex officio.

    On motion of Senator Tucker, 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 Tucker, 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, 2012, 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. 156), Allowing Corrections Commissioner use excess funds to offset operational costs.

    (S. B. No. 166), Making disarming or attempting to disarm correctional officer felony.

    (S. B. No. 202), Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service.

    (S. B. No. 204), Relating to removal of vehicles from highway in emergency situations.

    (S. B. No. 215), Specifying unobligated moneys in Industrial Access Road Fund revert to State Road Fund.

    (Com. Sub. for S. B. No. 253), Authorizing DEP promulgate legislative rules.

    (Com. Sub. for S. B. No. 321), Authorizing Department of Military Affairs and Public Safety promulgate legislative rules.

    (S. B. No. 331), Providing certain persons residing with crime victims prosecutorial notification and right to be heard at sentencing and parole proceedings.

    (S. B. No. 337), Relating to powers and duties of Commissioner of Banking.

    (S. B. No. 386), Clarifying entities included in water's-edge group for income tax purposes.

    (Com. Sub. for S. B. No. 555), Providing contractor exception to sales and use tax exemption for certain nonprofit youth organization.

    (S. B. No. 575), Repealing code related to prior disability under Emergency Medical Services Retirement System.

    (Com. Sub. for H. B. No. 2740), Making covenants that restrict the installation or use of solar energy systems unenforceable.

    (Com. Sub. for H. B. No. 3174), Relating to liquor and beer sampling events.

    (H. B. No. 4007), Relating to unemployment benefits for certain spouses of military personnel.

    (Com. Sub. for H. B. No. 4012), Removing the Commissioner of the Bureau for Public Health from certain boards.

    (Com. Sub. for H. B. No. 4015), Creating the Herbert Henderson Office of Minority Affairs.

    (Com. Sub. for H. B. No. 4028), Authorizing the temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service agencies without a hearing or prior notice if there is probable cause.

    (Com. Sub. for H. B. No. 4062), Creating an in-home direct care workforce registry.

    (Com. Sub. for H. B. No. 4070), Changing the basis for paying the county salary supplement equivalent pay rate for division of rehabilitation teachers.

    (H. B. No. 4072), Eliminating requirement for county boards of education to meet on the first Monday of July.

    (Com. Sub. for H. B. No. 4077), Relating to activities that may be performed by a dental hygienist without a prior exam by a dentist.

    And,

    (Com. Sub. for H. B. No. 4101), Authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 21st day of March, 2012, 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. 160), Budget Bill.

    (S. B. No. 677), Expiring funds from DHHR, Medicaid Fraud Control Fund, and making supplementary appropriation to DHHR, Division of Human Services.

    And,

    (S. B. No. 678), Making supplementary appropriations from State Fund, General Revenue, to various accounts.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

    Senator Tucker, 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, 2012, 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. 4006), Relating to elevator workers' licensure exemptions.

    (Com. Sub. for H. B. No. 4046), Repealing obsolete code provisions.

    (Com. Sub. for H. B. No. 4053), Relating to abduction, kidnapping and human trafficking.

    (Com. Sub. for H. B. No. 4118), Including the surviving spouse and a designated individual previously chosen by the deceased as a person who may designate the manner of disposition of a deceased person's body.

    (Com. Sub. for H. B. No. 4139), Authorizing miscellaneous agencies and boards to promulgate legislative rules.

    (Com. Sub. for H. B. No. 4142), Authorizing the Department of Administration to promulgate legislative rules.

    And,

    (H. B. No. 4542), Relating to unemployment compensation benefits.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

    Senator Tucker, 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, 2012, 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. 4256), Relating to captive insurance.

    (Com. Sub. for H. B. No. 4257), Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986.

    (Com. Sub. for H. B. No. 4260), Relating to insurance coverage for autism spectrum disorders.

    (Com. Sub. for H. B. No. 4263), The West Virginia Buy American Act.

    (H. B. No. 4271), Reporting requirements for residential mortgage lenders and broker licensees.

    (H. B. No. 4274), Expanding the authority of the Commissioner of Banking over regulated consumer lender licensees, and providing a penalty for violations.

    And,

    (Com. Sub. for H. B. No. 4281), Increasing the supplemental pay of members of the West Virginia State Police.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 27th day of March, 2012, 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. 51), Relating to spousal support based upon genetic testing results.

    (Com. Sub. for S. B. No. 109), Permitting unlicensed personnel to administer medications or assist in certain circumstances.

    (Com. Sub. for S. B. No. 118), Terminating residential lease upon tenant death.

    (Com. Sub. for S. B. No. 153), Increasing tax credits for apprenticeship training in construction trades.

    (Com. Sub. for S. B. No. 362), Authorizing bond issuance for Cacapon Resort State Park and Beech Fork State Park capital improvements.

    (Com. Sub. for Com. Sub. for S. B. No. 379), Authorizing Board of Examiners for Registered Professional Nurses designate certain treatment and recovery programs for licensees and applicants.

    (Com. Sub. for S. B. No. 435), Relating to nursing home residents' personal funds conveyance upon death.

    (Com. Sub. for Com. Sub. for S. B. No. 478), Creating apprentice hunting and trapping license.

    (S. B. No. 497), Awarding attorney fees and costs for administrative proceedings under WV Surface Coal Mining and Reclamation Act.

    (Com. Sub. for S. B. No. 498), Relating to records of abuse, neglect or exploitation of vulnerable adults.

    (S. B. No. 500), Allowing IS&C to bill certain spending units for telecommunication services annually.

    (Com. Sub. for S. B. No. 512), Updating statute relating to DMV Office of Administrative Hearing's procedures.

    (Com. Sub. for S. B. No. 517), Including community beautification and reclamation programs in authorized community corrections programs.

    (S. B. No. 646), Requiring State Board of Education study GED issues.

    (Com. Sub. for H. B. No. 4130), Creating the felony criminal offense of sale or purchase of a child.

    (Com. Sub. for H. B. No. 4236), Relating to exclusions from the definition of professional personnel for evaluation purposes.

    (H. B. No. 4314), Relating to the appointment of magistrates.

    (H. B. No. 4315), Permitting a new class IV town or village to select a form of government.

    (H. B. No. 4322), Adding coyote and fox to the list of species in which any color artificial light is permitted for hunting at night.

    (Com. Sub. for H. B. No. 4327), Requiring pulse oximetry testing for newborns.

    (H. B. No. 4328), Removing bobcats from the list of species requiring a field tag.

    (Com. Sub. for H. B. No. 4390), Uniform Power of Attorney Act.

    (Com. Sub. for H. B. No. 4422), Relating to crane operator certification.

    (Com. Sub. for H. B. No. 4424), Relating to modified mental hygiene procedures.

    (Com. Sub. for H. B. No. 4438), Provider Sponsored Network Act.

    (Com. Sub. for H. B. No. 4451), Ensuring that county executive committees have control of designating the persons who serve as ballot commissioner.

    (Com. Sub. for H. B. No. 4486), Relating to the disclosure of insurance coverage.

    (Com. Sub. for H. B. No. 4504), Relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization.

    (H. B. No. 4521), Permitting the restructuring of child support payments of an inmate who is released under certain circumstances.

    And,

    (H. B. No. 4522), Providing additional contempt powers for family court judges.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

    Senator Tucker, 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, 2012, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (Com. Sub. for Com. Sub. for S. B. No. 36), Relating to disclosure requirements for certain public construction contracts.

    (S. B. No. 75), Creating Equine Rescue Facilities Act.

    (Com. Sub. for S. B. No. 76), Creating Green Buildings Act.

    (Com. Sub. for Com. Sub. for S. B. No. 110), Relating to Broadband Deployment Council.

    (Com. Sub. for S. B. No. 149), Relating to disposition of forfeited or abandoned firearms in state custody.

    (Com. Sub. for S. B. No. 161), Relating to mandatory reporting of child abuse and neglect.

    (Com. Sub. for Com. Sub. for S. B. No. 211), Creating traffic offenses for texting or using handheld wireless communication device while driving.

    (Second Enrollment Com. Sub. for S. B. No. 212), Creating criminal offense for disrupting communications and public utility services.

    (Com. Sub. for S. B. No. 245), Authorizing Department of Health and Human Resources promulgate legislative rules.

    (Com. Sub. for S. B. No. 287), Authorizing Department of Revenue promulgate legislative rules.

    (S. B. No. 336), Eliminating mortgage lender license exemption available to bank subsidiaries.

    (Com. Sub. for S. B. No. 353), Relating generally to possession of firearms.

    (Com. Sub. for S. B. No. 360), Creating procedure for deeming personal property abandoned following real property transfer.

    (Com. Sub. for S. B. No. 369), Permitting Deputy Sheriff Retirement System retirants to modify benefit options under certain circumstances.

    (Second Enrollment Com. Sub. for S. B. No. 371), Providing school system under declared state of emergency participate as collaborative innovation zone.

    (Com. Sub. for S. B. No. 373), Providing State Police collect fee for advanced training.

    (Com. Sub. for S. B. No. 408), Relating to crimes against property involving graffiti.

    (Com. Sub. for S. B. No. 411), Making use or possession of electronic cash register automated sales suppression devices unlawful.

    (S. B. No. 414), Expanding definition of "medical services applicant" under Volunteer for Nonprofit Youth Organizations Act.

    (Com. Sub. for Com. Sub. for S. B. No. 418), Relating to qualifications of Parole Board members.

    (S. B. No. 424), Exempting certain barbers from continuing education requirement.

    (S. B. No. 428), Relating to registration plates for governmental vehicles.

    (S. B. No. 436), Facilitating collaboration between public school and higher education systems to promote seamless curricula.

    (Finance Com. Sub. for S. B. No. 437), Relating generally to substance abuse.

    (Com. Sub. for Com. Sub. for S. B. No. 477), Regulating possession of exotic animals.

    (Com. Sub. for S. B. No. 484), Relating generally to child welfare.

    (Com. Sub. for S. B. No. 487), Creating Coalbed Methane Gas Distribution Fund.

    (S. B. No. 493), Exempting certain unmarked law-enforcement vehicles from sun-screening restrictions.

    (S. B. No. 496), Modifying DEP requirement of greenhouse gas emissions' inventory.

    (Com. Sub. for S. B. No. 507), Relating to voluntary and involuntary hospitalization of mentally ill persons.

    (Com. Sub. for S. B. No. 528), Relating to scrap metal dealers and scrap metal.

    (Com. Sub. for S. B. No. 535), Expanding certain prescriptive authority of medications for chronic diseases.

    (S. B. No. 544), Removing expiration date for certain diesel-powered motor vehicle idling restrictions.

    (Com. Sub. for S. B. No. 547), Relating to certain criminal conviction expungement.

    (Com. Sub. for S. B. No. 551), Providing limitation exception for certain mortgage modification or refinancing loans.

    (Com. Sub. for S. B. No. 562), Establishing DEP procedure for biologic component compliance of narrative water quality standard.

    (Com. Sub. for S. B. No. 563), Clarifying Chief Technology Officer's responsibility prior to transfer or retirement of certain equipment.

    (Com. Sub. for S. B. No. 566), Authorizing Corrections Commissioner contract with nonprofit or charitable entities for placement of persons under custody.

    (Com. Sub. for S. B. No. 572), Replacing "advanced nurse practitioner" with "advanced practice registered nurse".

    (S. B. No. 579), Increasing special reclamation tax on clean coal mined.

    (Com. Sub. for S. B. No. 588), Relating to Wholesale Drug Distribution Licensing Act of 1991.

    (S. B. No. 596), Prohibiting child erotica.

    (Com. Sub. for S. B. No. 597), Requiring installation of carbon monoxide detectors in certain public facilities.

    (S. B. No. 603), Establishing entity for operation of morale, welfare and recreation military facilities.

    (S. B. No. 605), Limiting landowners' liability for military, law-enforcement or homeland-defense training purposes.

    (S. B. No. 606), Relating to property forfeiture related to child pornography arrests and computer crimes.

    (Com. Sub. for S. B. No. 611), Developing special community-based pilot demonstration project to improve at-risk youth outcomes.

    (Com. Sub. for S. B. No. 615), Conforming WV Water Pollution Control Act with federal Clean Water Act.

    (Com. Sub. for S. B. No. 618), Relating to certain payments to governmental units.

    (S. B. No. 619), Relating to annual business fees and reports due Secretary of State.

    (Com. Sub. for S. B. No. 623), Authorizing PSC promulgate rules establishing capacity improvement fee requirements.

    (Com. Sub. for S. B. No. 628), Allowing fund-raising for state executive party headquarters.

    (Com. Sub. for S. B. No. 634), Authorizing certain municipalities impose limited special public safety assessment fee.

    (Com. Sub. for S. B. No. 659), Requiring criminal background checks for certain employees of state service providers.

    (Com. Sub. for S. B. No. 661), Authorizing Workforce WV provide data to certain governmental entities.

    (Second Enrollment Com. Sub. for H. B. No. 2278), Authorizing the use of additional medium for use in archiving government records.

    (Com. Sub. for H. B. No. 4206), Authorizing the Department of Transportation to promulgate legislative rules.

    (Second Enrollment Com. Sub. for H. B. No. 4239), Increasing the membership of the West Virginia Board of Osteopathy.

    (Second Enrollment Com. Sub. for H. B. No. 4279,) Permitting municipalities to stagger the terms of elected officers.

    (Com. Sub. for H. B. No. 4396), West Virginia Fire, EMS and Law-Enforcement Officer Survivor Benefit Act.

    (H. B. No. 4549), Imposing a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent statements.

    (Com. Sub. for H. B. No. 4601), Authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program.

    (Com. Sub. for H. B. No. 4605), Providing a premarital education option to applicants for marriage licenses.

    (H. B. No. 4626), Increasing state police principal supervisors to nineteen.

    (H. B. No. 4634), Removing the requirement for the Legislative Auditor to conduct certain fiscal audits of the Alcohol Beverage Control Commission and the Children's Trust Fund.

    (H. B. No. 4648), Implementing a domestic violence court pilot project.

    And,

    (H. B. No. 4655), Relating to school service personnel certification.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

Executive Communications

    Under authorization of Senate approval therefor in prior proceedings today, to include in this day’s Journal communications showing the Governor’s action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:

    The Clerk then presented communications from His Excellency, the Governor, advising that on March 19, 2012, he had approved Enr. Senate Bill No. 676; on March 20, 2012, he had approved Enr. Committee Substitute for Senate Bill No. 185, Enr. Committee Substitute for Senate Bill No. 186, Enr. Committee Substitute for Senate Bill No. 191, Enr. Senate Bill No. 365, Enr. Committee Substitute for Senate Bill No. 387, Enr. Senate Bill No. 410, Enr. Senate Bill No. 430, Enr. Committee Substitute for Senate Bill No. 471, Enr. Committee Substitute for Senate Bill No. 621, Enr. Senate Bill No. 650, Enr. Senate Bill No. 673, Enr. Committee Substitute for House Bill No. 4063, Enr. House Bill No. 4103, Enr. House Bill No. 4119, Enr. Committee Substitute for House Bill No. 4307, Enr. Committee Substitute for House Bill No. 4332, Enr. Committee Substitute for House Bill No. 4376, Enr. House Bill No. 4403, Enr. Committee Substitute for House Bill No. 4433, Enr. House Bill No. 4567, Enr. House Bill No. 4652, Enr. House Bill No. 4656, Enr. House Bill No. 4657 and Enr. House Bill No. 4658; on March 21, 2012, he had approved Enr. Committee Substitute for Senate Bill No. 555, Enr. Senate Bill No. 677 and Enr. Senate Bill No. 678; on March 22, 2012, he had approved Enr. Committee Substitute for House Bill No. 4062; on March 29, 2012, he had approved Enr. Finance Committee Substitute for Senate Bill No. 437; on March 30, 2012, he had approved Enr. Committee Substitute for Senate Bill No. 51, Enr. Committee Substitute for Senate Bill No. 109, Enr. Committee Substitute for Senate Bill No. 118, Enr. Senate Bill No. 202, Enr. Senate Bill No. 204, Enr. Senate Bill No. 215, Enr. Committee Substitute for Senate Bill No. 253, Enr. Committee Substitute for Senate Bill No. 321, Enr. Senate Bill No. 331, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 379, Enr. Senate Bill No. 386, Enr. Committee Substitute for Senate Bill No. 435, Enr. Senate Bill No. 496, Enr. Senate Bill No. 497, Enr. Senate Bill No. 498, Enr. Senate Bill No. 500, Enr. Committee Substitute for Senate Bill No. 512, Enr. Committee Substitute for Senate Bill No. 517, Enr. Senate Bill No. 544, Enr. Committee Substitute for Senate Bill No. 566, Enr. Senate Bill No. 575, Enr. Senate Bill No. 579, Enr. Committee Substitute for Senate Bill No. 588, Enr. Senate Bill No. 606, Enr. Committee Substitute for House Bill No. 2740, Enr. Committee Substitute for House Bill No. 3174, Enr. Committee Substitute for House Bill No. 4012, Enr. Committee Substitute for House Bill No. 4028, Enr. Committee Substitute for House Bill No. 4046, Enr. House Bill No. 4072, Enr. Committee Substitute for House Bill No. 4077, Enr. Committee Substitute for House Bill No. 4118, Enr. Committee Substitute for House Bill No. 4139, Enr. Committee Substitute for House Bill No. 4142, Enr. Committee Substitute for House Bill No. 4206, Enr. Committee Substitute for House Bill No. 4236, Enr. Committee Substitute for House Bill No. 4256, Enr. Committee Substitute for House Bill No. 4257, Enr. Committee Substitute for House Bill No. 4263, Enr. House Bill No. 4271, Enr. House Bill No. 4274, Enr. House Bill No. 4314, Enr. House Bill No. 4315, Enr. House Bill No. 4322, Enr. House Bill No. 4328, Enr. Committee Substitute for House Bill No. 4390, Enr. Committee Substitute for House Bill No. 4424, Enr. Committee Substitute for House Bill No. 4451, Enr. House Bill No. 4521, Enr. House Bill No. 4522, Enr. Committee Substitute for House Bill No. 4601, Enr. House Bill No. 4634 and Enr. House Bill No. 4648; on April 2, 2012, he had approved Enr. Committee Substitute for Committee Substitute for Senate Bill No. 36, Enr. Senate Bill No. 75, Enr. Committee Substitute for Senate Bill No. 76, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 110, Enr. Committee Substitute for Senate Bill No. 149, Enr. Committee Substitute for Senate Bill No. 153, Enr. Senate Bill No. 156, Enr. Committee Substitute for Senate Bill No. 161, Enr. Senate Bill No. 166, Second Enrollment Enr. Committee Substitute for Senate Bill No. 212, Enr. Senate Bill No. 336, Enr. Senate Bill No. 337, Enr. Committee Substitute for Senate Bill No. 353, Enr. Committee Substitute for Senate Bill No. 360, Enr. Committee Substitute for Senate Bill No. 362, Enr. Committee Substitute for Senate Bill No. 369, Second Enrollment Enr. Committee Substitute for Senate Bill No. 371, Enr. Committee Substitute for Senate Bill No. 373, Enr. Committee Substitute for Senate Bill No. 411, Enr. Senate Bill No. 414, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 418, Enr. Senate Bill No. 424, Enr. Senate Bill No. 428, Enr. Senate Bill No. 436, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 478, Enr. Committee Substitute for Senate Bill No. 484, Enr. Committee Substitute for Senate Bill No. 487, Enr. Senate Bill No. 493, Enr. Committee Substitute for Senate Bill No. 528, Enr. Committee Substitute for Senate Bill No. 535, Enr. Committee Substitute for Senate Bill No. 551, Enr. Committee Substitute for Senate Bill No. 562, Enr. Committee Substitute for Senate Bill No. 563, Enr. Committee Substitute for Senate Bill No. 572, Enr. Senate Bill No. 596, Enr. Committee Substitute for Senate Bill No. 597, Enr. Senate Bill No. 603, Enr. Senate Bill No. 605, Enr. Committee Substitute for Senate Bill No. 611, Enr. Committee Substitute for Senate Bill No. 615, Enr. Senate Bill No. 619, Enr. Committee Substitute for Senate Bill No. 628, Enr. Committee Substitute for Senate Bill No. 659, Enr. Committee Substitute for Senate Bill No. 661, Enr. House Bill No. 4007, Enr. Committee Substitute for House Bill No. 4015, Enr. Committee Substitute for House Bill No. 4070, Enr. Committee Substitute for House Bill No. 4101, Enr. Committee Substitute for House Bill No. 4130, Second Enrollment Enr. Committee Substitute for House Bill No. 4239, Enr. Committee Substitute for House Bill No. 4260, Second Enrollment Enr. Committee Substitute for House Bill No. 4279, Enr. Committee Substitute for House Bill No. 4281, Enr. Committee Substitute for House Bill No. 4327, Enr. Committee Substitute for House Bill No. 4422, Enr. Committee Substitute for House Bill No. 4438, Enr. Committee Substitute for House Bill No. 4504, Enr. House Bill No. 4542, Enr. House Bill No. 4549, Enr. Committee Substitute for House Bill No. 4605, Enr. House Bill No. 4626 and Enr. House Bill No. 4655; and on April 3, 2012, he had approved Enr. Committee Substitute for Committee Substitute for Senate Bill No. 211, Enr. Committee Substitute for Senate Bill No. 245, Enr. Committee Substitute for Senate Bill No. 287, Enr. Committee Substitute for Senate Bill No. 507, Enr. Committee Substitute for Senate Bill No. 618, Enr. Senate Bill No. 646, Enr. Committee Substitute for House Bill No. 4006, Enr. Committee Substitute for House Bill No. 4053, Enr. Committee Substitute for House Bill No. 4396 and Enr. Committee Substitute for House Bill No. 4486.

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 21, 2012

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, WV 25305

Dear Secretary Tennant:

    Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I hereby return Enrolled Committee Substitute for Senate Bill No. 160, passed March 16, 2012, approved with the following objections:

    My first objection to the Bill is contained in Item 36, page 28, line 6, which states:

    Current Expenses. . . . . . . . . . 130          3,395,169

    The above appropriation includes new funding for One Voice for FY 2013 that should be considered by the Governor’s Advisory Council on Substance Abuse. Therefore, I am reducing the appropriation by the amount of $250,000 to $3,145,169.

    My second objection to the Bill is contained in Item 36, page 30, line 75 through line 80, which states:

    From the above appropriation for Current Expenses (fund 0256, activity 130) $250,000 is for TechConnect; $250,000 is for Tamarack Foundation; $150,000 is for the Citizens Conservation Corps; $350,000 is for One Voice and $1,000,000 is to be transferred to Development Office Promotion Fund (Fund 3171).

    Having reduced the appropriation for Current Expenses in objection one above, I am reducing the amount in the language on page 30, line 78, from $350,000 to $100,000.

    My third objection to the Bill is contained in Item 36, page 31, line 91 through line 94, which states:

    From the above appropriation for Local Economic Development Assistance (fund 0256, activity 819) the division may retain an amount not to exceed one percent of the total appropriation for administrative purposes.

    This language does not consider the increase in the Personal Services and Employee Benefits lines in this fund for this purpose and would be redundant funding. Therefore, I am deleting the language in its entirety, page 31, line 91 through line 94.

    My fourth objection to the Bill is contained in Item 48, page 38, line 69 through line 72, which states: 

    From the above appropriation for National Teacher Certification (activity 161), any funds remaining after all initial certification expenses have been met shall be for the reimbursement of NBPTS certificate renewal.

    This language changes the intent of the activity and therefore, I am deleting the corresponding language in its entirety contained on page 38, line 69 through line 72.

    My fifth objection to the Bill is contained in Item 55, page 43, line 28 through line 31, which states: 

    From the above appropriation for Unclassified (activity 099), and Current Expenses (activity 130), is $250,000 for the WVSOM in conjunction with WV Public Broadcasting for the Healthy Choices Childrens Television Program.

    This is a new program that was not provided additional funding and would place greater demand on current resources dedicated to existing culture and history programs. Therefore, I am reducing the amount in the language on page 43, line 29 from $250,000 to $100,000.   

    My sixth objection to the Bill is contained in Item 63, page 49, line 32, which states:

    Health Right Free Clinics. . . . .  727          5,000,000

    At a time when we are facing major future funding challenges, it is imperative that a cautious and prudent approach be taken to avoid building the State’s base budget. Therefore, I am reducing the appropriation by the amount of $250,000 to $4,750,000.

    My seventh objection to the Bill is contained in Item 67, page 54, line 37 and line 38, which states:

    Sexual Assault Intervention

       and Prevention. . . . . . . . .  723            500,000

    At a time when budget deficits are prevalent across many other states and with economic uncertainty at the national level, it is critical that appropriate actions be taken to minimize building base budget items. Therefore, I am reducing the appropriation by the amount of $250,000 to $250,000.

    My eighth objection to the Bill is contained in Item 75, page 61, line 1 and line 3, which states:

    Personal Services. . . . . . . . .     001    $ 46,664,205

    Employee Benefits. . . . . . . . .     010      10,257,264

    The above appropriations contain funding for a pay raise for the civilian employees of the State Police. At a time when we are facing major future budget challenges, we should be cautious in giving base building pay raises. It is imperative that a cautious and prudent approach be taken to avoid building the State’s base budget. Therefore, I am reducing the appropriations for Personal Services by $807,500 to $45,856,705 and Employee Benefits by $242,500 to $10,014,764.

    My ninth objection to the Bill is contained in Item 75, page 62, line 31 through line 34, which states:

    Included in the above appropriation for Personal Services (activity 001), and Employee Benefits (activity 010), is $1,300,000 for salary increases and associated benefits for civilian employees of the West Virginia State Police.

            Having reduced the appropriations for Personal Services and Employee Benefits in objection eight above, I am reducing the amount in the language on page 62, line 33 from $1,300,000 to $250,000.

    My tenth objection to the Bill is contained in Item 120, page 88, line 1, which states:

    Current Expenses. . . . . . . . . .    130      38,000,000

    The above appropriation needs reduced to match the recommended funding requirement as noted by my budget adjustment letter submitted to the Legislature on March 7, 2012, resulting from the final actuarial estimates for Teachers’ Retirement Savings Realized. Therefore, I am reducing the appropriation by the amount of $9,939,000 to $28,061,000.

    My eleventh objection to the Bill is contained in Item 135, page 94, line 5, which states:

    Equipment. . . . . . . . . . . . .     070         510,000

    The above appropriation is to purchase equipment for a program that is not administered through the Contractor Licensing Board Fund and would not be in compliance with W. Va. Code §21-11-17(a). Therefore, I am reducing the appropriation by the amount of $510,000 to $0.

    My twelfth objection to the Bill is contained in Item 226, page 126, line 4, which states:

    Current Expenses. . . . . . . . . .    130       1,254,164

    The above appropriation contains $696,800 too much spending authority for FY 2013, which was noted in my budget adjustment letter submitted to the Legislature on March 7, 2012. Therefore, I am reducing the appropriation by the amount of $696,800 to $557,364.

    My thirteenth objection to the Bill is contained in Item 271, page 156, line 35 through line 38, which states:

    The above appropriation for Higher Education Grant Program (activity 164) shall be transferred to the Higher Education Grant Fund (fund 4933, Org 0441) established by W.Va. Code §18C-5-3.

    The above language references an appropriation for Higher Education Grant Program, activity 164, which is funded at $0 from this funding source. Therefore, I am deleting this language in its entirety, lines 35 through line 38.

    My fourteenth objection to the Bill is contained in Item 284, page 161, line 1, which states:

    Unclassified - Total. . . . . . . .    096        $810,000

    Because of anticipated decreasing lottery revenues in future years, I am hesitant to provide significant increases in appropriations to items that receive lottery funding. Therefore, I am reducing the appropriation by the amount of $410,000 to $400,000.

    My fifteenth objection to the Bill is contained in Item 364, page 187, line 3 through line 12, which states:

    From the above appropriation (fund 0525, activity 354), the funding will be consistent with the goal areas outlined in the Comprehensive Substance Abuse Strategic Action Plan. Prior to disbursement of funds, the Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities, shall submit a gap analysis of substance abuse services, and an outline of service provision costs to provide assistance to the Regional Task Forces and the Advisory Council for development and prioritization of recommendations.

    The above language references the incorrect activity number on line 3. Therefore, I am deleting the phrase “, activity 354”.

    For the reasons stated herein, I have approved, subject to the above objections, Enrolled Committee Substitute for Senate Bill No. 160.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Richard Thompson

Veto Messages

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 21, 2012

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Ms. Tennant:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4489.

    While I support the substance of this bill, I must object to the bill because its object is not adequately expressed in the title. The purpose of the bill is to provide the West Virginia Municipal Pensions Oversight Board with additional investigative authority and the ability to initiate and intervene in legal actions involving pension funds. The bill would also provide the Municipal Pensions Oversight Board with immunity from civil liability. The title, however, fails to reference a limitation or barring of liability against the board. The specified provision cannot be read to be encapsulated into the title’s “all relating to” language. Accordingly, I find the title of the bill inconsistent with the substance of the bill, so as to render Enrolled Committee Substitute for House Bill No. 4489 constitutionally defective.

    For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter and return it to my desk for approval at a future date.

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Richard Thompson

    The Honorable Jeffrey V. Kessler

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 3, 2012

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Ms. Tennant:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 408.

    While I support the substance of this bill, I must object to the bill because its object is not adequately expressed in the title. The purpose of the bill is to criminalize the act of graffiti. The bill establishes misdemeanor and felony offenses and provides for fines and imprisonment and would provide for imposition of community service and suspension of driver’s licenses in certain circumstances. The bill would also provide that affected property owners may institute a civil action for recovery of damages in an amount up to three times the amount of the loss or the cost of restoration, plus attorneys’ fees and costs.

    The title, however, fails to reference that affected property owners may institute a civil action for recovery of damages in an amount up to three times the loss or the cost of restoration, plus attorneys’ fees and costs. The title’s reference to “civil liability is not precluded by criminal provisions” cannot be read to include the aforementioned damages provision. 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. 408 constitutionally defective.

    For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter and return it to my desk for consideration at a future date.

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Richard Thompson

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 3, 2012

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Ms. Tennant:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 477. The purpose of this bill is to regulate the possession and maintenance of exotic animals. However, the scope of this bill is broader than necessary to accomplish its intended purpose. In addition, I have concerns that the funding mechanism contained in the bill is inadequate to meet the administrative requirements placed on the Division of Natural Resources and the appropriate county authorities. While I support the purpose of the legislation and I believe that the state must do what it can to ensure the safety of our citizens and appropriately regulate the possession and maintenance of exotic animals, we must take such steps in a more focused and fiscally responsible manner.

    For these reasons, I must veto the legislation.

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Richard Thompson

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 3, 2012

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Ms. Tennant:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 547.

    Current law allows “[a]ny person convicted of a misdemeanor offense or offenses arising from the same transaction committed while he or she was between the ages of eighteen to twenty-six” to petition a circuit court to expunge the conviction(s) and any associated records, with the end result of the crime(s) being “deemed never to have occurred.” W. Va. Code §61-11-26. Enrolled Committee Substitute for Senate Bill No. 547 would expand current law to allow all persons, regardless of age, to petition a circuit court for expungement of felonies, in addition to misdemeanors, arising from the same transaction. I feel that this legislation has broadened the scope of relief too far. While I believe that the current law justly provides a second chance for certain misdemeanor offenses, felonies are serious crimes for which the Legislature has prescribed heightened penalties and I cannot approve of a bill that allows expungement of such offenses.

    For these reasons, I must veto the legislation.

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Richard Thompson

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 3, 2012

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Ms. Tennant:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 623. The bill requires the Public Service Commission of West Virginia (the “Commission”) to promulgate and adopt rules relating to the establishment and modification of capacity improvement fees for residential and commercial customers for inclusion in the tariff of a private, public or municipal water or sewer utility.

    Proceedings involving capacity improvement fees are currently pending before the Commission and the mandatory promulgation and adoption of the rules required by the bill may affect ongoing proceedings in an unintended manner. For this reason, I must veto the legislation.

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Richard Thompson

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 3, 2012

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Ms. Tennant:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 634. It is my understanding that the goal of this legislation is already permitted by law, thus rendering the bill superfluous and unnecessary. For this reason, I must veto the legislation.

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Jeffrey V. Kessler

    The Honorable Richard Thompson

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 3, 2012

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Ms. Tennant:

    Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return the Second Enrollment of Committee Substitute for House Bill No. 2278.

    I must object to the bill because its object is not adequately expressed in the title. The bill removes the provisions regarding legislative records concerning use of certain storage formats and inserts a provision that procedures for the storage and destruction of legislative records shall be determined by each house, or by a joint rule. In addition, the bill mandates that the state records administrator shall establish a procedure for executive agencies to follow implementing subsection (b) of W. Va. Code §5A-8-20 by July 1, 2012, and the bill sets forth the minimum requirements for the procedure. The bill adds a new subsection (f) which provides, “Upon request and payment of a reasonable cost, one copy of any state record archived or preserved pursuant to the provisions of this article shall be provided to any person or entity: Provided, That the person or entity that has produced the state record may receive one copy without charge.” However, none of the provisions itemized above are reflected in the title.

    The itemized provisions above cannot be read to be encapsulated into the title’s “relating to” language. It is apparent that the Senate’s strike and insert amendment adopted on March 9, 2012, included language concerning the providing of one copy of any state record to any county historical society upon request and payment of a reasonable cost. However, the conference report adopted on March 10, 2012, amended this section by inserting in lieu of the county historical society language the language quoted above allowing any person or entity to be provided one copy upon request and upon payment of a reasonable fee. The conference report failed to include a title amendment for this change and also failed to reference each of the above listed provisions. After the Governor vetoed the bill on March 16, 2012, due to a constitutionally defective title, the House adopted a title amendment which sought to meet the objections of the Governor. The Senate concurred. However, the House title amendment still contains each of the aforementioned flaws and is, therefore, constitutionally defective.

    Accordingly, I find the title of the bill inconsistent with the substance of the bill, so as to render the Second Enrollment of Committee Substitute for House Bill No. 2278 constitutionally defective.

    For this reason, I must veto the legislation. However, I encourage the Legislature to reconsider this matter and return it to my desk for consideration at a future date.

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

cc: The Honorable Richard Thompson

    The Honorable Jeffrey V. Kessler

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

    Senator Minard, 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 Minard then reported this mission accomplished.

    Thereupon,

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

__________

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