Senators and Delegates write Gov. Tomblin

May 16, 2014

The Honorable Earl Ray Tomblin

1900 Kanawha Blvd. E.

Charleston WV 25305

Dear Governor Tomblin,

We respectfully request that HR 4588, the Pain-Capable Unborn Child Protection Act be included on the list of issues to address in the upcoming special session that begins on May 19, 2014. 

The West Virginia Constitution provides for the legislature to address a Governor’s “objections” to a vetoed bill and provides an opportunity to “reconsider the returned bill.”  Since you vetoed HB 4588 after we adjourned we did not have an opportunity to address your concerns.

As you know Section 7.14 of the West Virginia Constitution specifically states that,

“Subject to the provisions of section fifteen of this article, every bill passed by the Legislature shall, before it becomes a law, be presented to the governor. If he approves, he shall sign it, and thereupon it shall become a law; but if not, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon its journal, and may proceed to reconsider the returned bill. Notwithstanding the provisions of section fifty-one, article six of this constitution, any such bill may be reconsidered even if the Legislature is at the time in extended session for the sole purpose of considering the budget bill, as specified in said section fifty-one.”

The West Virginia Constitution allows for consideration of vetoed bills.  Unless you call a special session, we will be unable to exercise our Constitutional right to reconsider the bill.


Senator Bob Beach

Senator Donald Cookman

Senator Roman Prezioso


Senator Rocky Fitzsimmons


Senator Daniel Hall


Senator Larry Edgell


Delegate Josh Barker

Delegate Denise Campbell

Delegate Jeff Eldridge

Delegate Dana Lynch

Delegate Rick Moye

Delegate David Perry

Delegate Rupert Phillips

Delegate Peggy Smith

Delegate David Walker

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