__________*__________
Sunday, March 21, 2004
The House of Delegates met at 2:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Saturday, March 20, 2004, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Vice Chairman Butcher, 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, 2004, 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. 3096), Authorizing cooperation of campus police and rangers
employed by the Hatfield-McCoy regional recreation authority with other law-enforcement
agencies,
(Com. Sub. for H. B. 4027), Establishing a voluntary environmental excellence program,
(Com. Sub. for H. B. 4104), Creating the felony crime of scanning device or reencoder
fraud,
(Com. Sub. for H. B. 4143), Creating a West Virginia center for nursing to establish a
statewide strategic plan to address the nursing shortage in the state and to facilitate recruitment and retention of nurses,
(H. B. 4157), Continuing the rural health advisory panel,
(Com. Sub. for H. B. 4168), Requiring lenders to have the funds for mortgage loans
available at the appropriate time,
(Com. Sub. for H. B. 4200), Authorizing the department of military affairs and public safety
to promulgate legislative rules,
(H. B. 4248), Continuing the office of environmental advocate,
(Com. Sub. for H. B. 4299), Modifying the West Virginia contractor licensing act and
updating certain terms,
(Com. Sub. for H. B. 4373), Making it a crime to alter a traffic-control device with an
infrared or electronic device,
(Com. Sub. for H. B. 4377), Assessing a penalty on those physicians who fail to pay the
special assessment,
(Com. Sub. for H. B. 4491), Relating to mine inspectors and instructors employed by the
office of miners' health, safety and training,
(Com. Sub. for H. B. 4517), Finding and declaring certain claims against the state and its
agencies to be moral obligations of the state and directing the auditor to issue warrants for the
payment thereof,
(H. B. 4546), Supplemental appropriation to the department of health and human resources
- family protection services board - domestic violence legal services fund,
(H. B. 4547), Supplemental appropriation to the bureau of commerce - division of miners'
health, safety and training,
(H. B. 4548), Supplemental appropriation to the department of transportation - division of
motor vehicles - driver's license reinstatement fund,
(H. B. 4549), Supplemental appropriation to the bureau of commerce - division of labor -
elevator safety act,
(H. B. 4550), Supplemental appropriation to the department of health and human resources
- division of health - central office,
(H. B. 4551), Supplemental appropriation to the department of health and human resources
- division of human services,
(H. B. 4554), Relating to the rights, privileges and benefits of substitute service personnel
employed to fill vacancies created by leaves of absence,
(H. B. 4598), Restricting courts from requiring conditions on the out of home placement of
children inconsistent with existing licensing regulations,
And,
(Com. Sub. for H. B. 4649), Providing for greater efforts for instate placement of children
in the custody of the Department of Health and Human Services.
Vice Chairman Butcher, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 20th
day of March, 2004, 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:
(S. B. 197), Relating generally to distribution of net terminal income of racetrack video
lottery terminals.
Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 9, 2004
VETO MESSAGE:
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West
Virginia, I hereby disapprove and return Enrolled House Bill No. 4308.
The purpose of House Bill 4308 is to exempt a volunteer, including a worker, contractor,
engineer or architect, that provides services or materials in good faith and without remuneration,
from civil liability for building or installing universal accessibility features in accordance with
applicable State and federal laws and building codes, presumably to an existing building or structure.
Regrettably, I must object to this Bill in its present form, because in the body of the Bill the term
"universal accessibility features" is not defined, nor is it defined in "section four of this article" (W.
Va. Code §5-11A-4), as the Bill states. Therefore, I find the Bill to be defective and I must veto the
legislation.
Notwithstanding this action, and because the Legislature is presently in session, I urge that
you again take up the Bill, amend the defective portion, and then return the Bill to my desk for
approval.
Very truly yours,
Bob Wise,
Governor.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Delegate Staton, Enr. H. B. 4308 was amended, in an effort to meet the
objections of the Governor, by amending the bill as follows:
On page one, section three-a, lines three and four, by striking out the words "universal accessibility features as set forth in section four" and inserting in lieu thereof, the following:
"handicap accessible features as set forth in section five".
The bill, as amended in an effort to meet the objections of the Governor, was then put upon
its passage.
On the passage of the bill,
the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 773), and there were--yeas 93, nays
none, absent and not voting 7, with the yeas, nays and absent and not voting being as follows:
Yeas: Amores, Anderson, Armstead, Ashley, Azinger, Beane, Blair, Boggs, Border, Brown,
Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, Coleman,
Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Ferrell, Fleischauer, Foster, Fragale,
Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Howard, Hrutkay, Iaquinta, Kominar, Kuhn,
Leach, Leggett, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan,
Overington, Palumbo, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Romine, Schadler, Shaver,
Shelton, Smirl, Sobonya, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott,
R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster,
G. White, H. White, Williams, Wright, Yeager, Yost and Mr. Speaker, Mr. Kiss.
Nays: None.
Absent And Not Voting: Beach, Faircloth, Houston, Paxton, Renner, Schoen and Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 4308) passed, as a result of the objections of
the Governor.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Enr. H. B. 4308 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-11A-3a, relating to providing immunity from civil damages to
a worker, contractor, engineer or architect, who in good faith provides services or materials, without remuneration, to build or install certain handicap accessibility features in accordance with applicable
building codes and state and federal laws."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 19, 2004
VETO MESSAGE:
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and return Enrolled House Bill No. 4377.
The purpose of House Bill 4377 is to suspend the license to practice medicine or podiatry
and subject physicians to a civil penalty for failure to pay the special one-time assessment of $1000,
required by W. VA Code §33-20F-7, for initial capital and surplus for the Physicians' Mutual
Insurance Company. Any license suspended under this provision would remain suspended until both
the special assessment and the civil penalty are paid. I support the purpose of this important
legislation. Nevertheless, I must object to this Bill because the Bill could be interpreted as requiring
payment of the $1000 assessment by nonresident physicians visiting West Virginia for meetings,
seminars and continuing medical education credit hours or nonresident physicians performing services in the State for such a short period of time that subjecting them to such payment would by
inequitable. For this reason, I must regretfully veto this legislation.
Notwithstanding this action, I urge the Legislature to amend this erroneous oversight and
return the Bill for approval.
Very truly yours,
Bob Wise,
Governor.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Delegate Staton, Enr. Com. Sub. for H. B. 4377 was amended, in an effort to
meet the objections of the Governor, by amending the bill as follows:
On page eleven, section seven, line thirty-six, by striking out the word "and".
And,
On page twelve, section seven, line fifty, after the word "assessment", by striking out the
period and inserting a semi-colon and a new subdivision (7), to read as follows:
"and
(7) A physician who practices less than forty hours a year providing medical genetic services
to patients within this state."
The bill, as amended in an effort to meet the objections of the Governor, was then put upon
its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill pass, as amended, in an
effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 774), and there were--yeas 93, nays
none, absent and not voting 7, with the yeas, nays and absent and not voting being as follows:
Yeas: Amores, Anderson, Armstead, Ashley, Azinger, Beane, Blair, Boggs, Border, Brown,
Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Ferrell, Fleischauer, Foster, Fragale,
Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Howard, Hrutkay, Iaquinta, Kominar, Kuhn,
Leach, Leggett, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan,
Overington, Palumbo, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Romine, Schadler, Shaver,
Shelton, Smirl, Sobonya, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott,
R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster,
G. White, H. White, Williams, Wright, Yeager, Yost and Mr. Speaker, Mr. Kiss.
Nays: None.
Absent And Not Voting: Beach, Faircloth, Houston, Paxton, Renner, Schoen and Spencer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 4377) passed, as a result of the
objections of the Governor.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Enr. Com. Sub. for H. B. 4377 - "A Bill to amend and reenact §30-3-12 of the code of
West Virginia, 1931, as amended; to amend and reenact §30-14-10 of said code; and to amend and
reenact §33-20F-4, §33-20F-5 and §33-20F-7 of said code, all relating to physicians generally;
permitting a physician who allows his or her medical license to expire upon retirement to retain the
license certificate issued by the board of medicine; authorizing the board of osteopathy to propose
legislative rules allowing inactive license status; clarifying and correcting the premium taxes that
the physicians' mutual insurance company will be subject to; providing exemption to certain
physicians from special assessment; providing for license suspension and civil penalty for failure
to pay the special assessment; and creating a sunset provision."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 775), and there were--yeas 93, nays
none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Faircloth, Houston, Paxton, Renner, Schoen and Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 4377) takes effect from its
passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 11, 2004
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
While I do not feel a compelling need for this legislation, after much consideration I have
decided to sign Enrolled Senate Bill No. 209 into law. This Bill is somewhat improved over similar
legislation I vetoed last year.
Indeed, because I vetoed similar legislation last year, I believe it appropriate to explain the
modification in this year's version of the legislation which encouraged me to sign it. I interpret
Enrolled Senate Bill No. 209 to allow the Executive Branch to enter into an agreement or contract
for an interest in property without prior legislative approval. I further interpret its provisions to
require notice of the terms of that agreement thirty days prior to consummation of the sale or lease.
Thus, a review by the Legislature may occur after the Executive Branch enters into the agreement
or contract, but before it actually commences the lease or acquires the property.
In contrast, last year's Bill required "prior review" by a legislative committee before an
Executive Branch agency even entered an agreement or contract. Instead, this year's Bill does not require prior review, nor authorization, of a contract or agreement that the Executive Branch agency
has already executed, thus avoiding interference by the Legislative Branch with the prerogatives of
the Executive Branch. For this reason, I do not believe this would clearly violate the Constitutional
Separation of Powers Doctrine.
For the reasons stated above, I have signed Enrolled Senate Bill No. 209 into law.
Very truly yours,
Bob Wise,
Governor.
Conference Committee Report Availability
At 3:01 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for S. B. 133.
At 3:58 p.m., on motion of Delegate Staton, the House of Delegates recessed for twenty
minutes, and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had concurred in the amendments of the
House of Delegates and again passed bills of the House of Delegates, heretofore disapproved by the
Governor, all in an effort to meet the objections of the Governor, as follows:
Enr. H. B. 4308, Providing immunity from civil damages to workers who in good faith
provides services or materials, without remuneration, to build or install certain universal
accessibility features in accordance with applicable state and federal laws,
And,
Enr. Com. Sub. for H. B. 4377, Assessing a penalty on those physicians who fail to pay the
special assessment.
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on, and the passage, as amended by said report, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 133, Budget bill.
Conference Committee Report
Chairman Michael, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for S. B. 133, 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 Com. Sub for S. B. 133 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,
striking out everything after the enacting clause, and agree to the same as follows:
TITLE I-GENERAL PROVISIONS.
Section 1. General policy.-The purpose of this bill is to appropriate money necessary for
the economical and efficient discharge of the duties and responsibilities of the state and its agencies
during the fiscal year two thousand five.
Sec. 2. Definitions.-For the purpose of this bill:
"Governor" shall mean the governor of the state of West Virginia.
"Code" shall mean the code of West Virginia, one thousand nine-hundred thirty-one, as
amended.
"Spending unit" shall mean the department, bureau, division, office, board, commission,
agency or institution to which an appropriation is made.
The "fiscal year two thousand five" shall mean the period from the first day of July, two
thousand four, through the thirtieth day of June, two thousand five.
"General revenue fund" shall mean the general operating fund of the state and includes all moneys received or collected by the state except as provided in section two, article two, chapter
twelve of the code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources which by legislative enactments
are not required to be accounted for as general revenue, including federal funds.
"From collections" shall mean that part of the total appropriation which must be collected
by the spending unit to be available for expenditure. If the authorized amount of collections is not
collected, the total appropriation for the spending unit shall be reduced automatically by the amount
of the deficiency in the collections. If the amount collected exceeds the amount designated "from
collections," the excess shall be set aside in a special surplus fund and may be expended for the
purpose of the spending unit as provided by article two, chapter five-a of the code.
Sec. 3. Classification of appropriations.-An appropriation for:
"Personal services" shall mean salaries, wages and other compensation paid to full-time,
part-time and temporary employees of the spending unit but shall not include fees or contractual
payments paid to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for "personal services" shall include salaries of
heads of spending units.
"Annual increment" shall mean funds appropriated for "eligible employees" and shall be
disbursed only in accordance with article five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred to "personal services" or other
designated items only as required.
"Employee benefits" shall mean social security matching, workers' compensation,
unemployment compensation, pension and retirement contributions, public employees insurance
matching, personnel fees or any other benefit normally paid by the employer as a direct cost of
employment. Should the appropriation be insufficient to cover such costs, the remainder of such
cost shall be transferred by each spending unit from its "personal services" line item or its
"unclassified" line item or other appropriate line item to its "employee benefits" line item. If there is no appropriation for "employee benefits," such costs shall be paid by each spending unit from its
"personal services" line item, its "unclassified" line item or other appropriate line item. Each
spending unit is hereby authorized and required to make such payments in accordance with the
provisions of article two, chapter five-a of the code.
"BRIM Premiums" shall mean the amount charged as consideration for insurance protection
and includes the present value of projected losses and administrative expenses. Premiums are
assessed for coverages, as defined in the applicable policies, for claims arising from, inter alia,
general liability, wrongful acts, property, professional liability and automobile exposures.
Should the appropriation for "BRIM Premiums" be insufficient to cover such cost, the
remainder of such costs shall be transferred by each spending unit from its "personal services" line
item, its "employee benefit" line item, its "unclassified" line item or any other appropriate line item
to "BRIM Premiums" for payment to the Board of Risk and Insurance Management. Each spending
unit is hereby authorized and required to make such payments.
Each spending unit shall be responsible for all contributions, payments or other costs related
to coverage and claims of its employees for unemployment compensation. Such expenditures shall
be considered an employee benefit.
"Current expenses" shall mean operating costs other than personal services and shall not
include equipment, repairs and alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly for all postage meter
service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such
expenditures shall be considered a current expense.
"Equipment" shall mean equipment items which have an appreciable and calculable period
of usefulness in excess of one year.
"Repairs and alterations" shall mean routine maintenance and repairs to structures and minor
improvements to property which do not increase the capital assets.
"Buildings" shall include new construction and major alteration of existing structures and the improvement of lands and shall include shelter, support, storage, protection or the improvement
of a natural condition.
"Lands" shall mean the purchase of real property or interest in real property.
"Capital outlay" shall mean and include buildings, lands or buildings and lands, with such
category or item of appropriation to remain in effect as provided by section twelve, article three,
chapter twelve of the code.
From appropriations made to the spending units of state government, upon approval of the
governor there may be transferred to a special account an amount sufficient to match federal funds
under any federal act.
Appropriations classified in any of the above categories shall be expended only for the
purposes as defined above and only for the spending units herein designated: Provided, That the
secretary of each department and the commissioner of the bureau of commerce shall have the
authority to transfer within the department or bureau those general revenue funds appropriated to
the various agencies of the department or bureau: Provided, however, That no more than five
percent of the general revenue funds appropriated to any one agency or board may be transferred
to other agencies or boards within the department or bureau: Provided further, That the secretary
of each department and the director, commissioner, executive secretary, superintendent, chairman
or any other agency head not governed by a departmental secretary as established by chapter five-f
of the code shall have the authority to transfer funds appropriated to "personal services" and
"employee benefits" to other lines within the same account and no funds from other lines shall be
transferred to the "personal services" line: Provided further, That the secretary of each department
and the director, commissioner, executive secretary, superintendent, chairman or any other agency
head not governed by a departmental secretary as established by chapter five-f of the code shall have
the authority to transfer general revenue funds appropriated to "annual increment" to other general
revenue accounts within the same department, bureau or commission for the purpose of providing
an annual increment in accordance with article five, chapter five of the code: And provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the
secretary may transfer the funds formerly appropriated to such agency, board or function in order
to implement such consolidation. No funds may be transferred from a special revenue account,
dedicated account, capital expenditure account or any other account or fund specifically exempted
by the Legislature from transfer, except that the use of the appropriations from the state road fund
for the office of the secretary of the department of transportation is not a use other than the purpose
for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where the distribution of
expenditures for different purposes cannot well be determined in advance or it is necessary or
desirable to permit the spending unit the freedom to spend an appropriation for more than one of the
above classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill, unless otherwise
specifically directed, shall be appropriated and expended according to the provisions of article three,
chapter twelve of the code or according to any law detailing a procedure specifically limiting that
article.
Sec. 5. Maximum expenditures.-No authority or requirement of law shall be interpreted
as requiring or permitting an expenditure in excess of the appropriations set out in this bill.
TITLE II-APPROPRIATIONS.
ORDER OF SECTIONS
SECTION 1. Appropriations from general revenue.
SECTION 2. Appropriations from state road fund.
SECTION 3. Appropriations from other funds.
SECTION 4. Appropriations from lottery net profits.
SECTION 5. Appropriations from state excess lottery revenue.
SECTION 6. Appropriations of federal funds.
SECTION 7. Appropriations from federal block grants.
SECTION 8. Awards for claims against the state.
SECTION 9. Appropriations from surplus accrued.
SECTION 10. Special revenue appropriations.
SECTION 11. State improvement fund appropriations.
SECTION 12. Specific funds and collection accounts.
SECTION 13. Appropriations for refunding erroneous payment.
SECTION 14. Sinking fund deficiencies.
SECTION 15. Appropriations for local governments.
SECTION 16. Total appropriations.
SECTION 17. General school fund.
Section 1. Appropriations from general revenue.-From the state fund, general revenue,
there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article
two, chapter five-a of the code the following amounts, as itemized, for expenditure during the fiscal
year two thousand five.
LEGISLATIVE
- -Senate
Fund 0165 FY 2005 Org 2100
_________________________________________________________General
Revenue
Activity
Fund
Compensation of Members (R) 003 $ 1,010,000
Compensation and Per Diem of Officers
and Employees (R) 005 3,003,210
Employee Benefits (R) 010 597,712
Current Expenses and
Contingent Fund (R) 021 700,000
Repairs and Alterations (R) 064 450,000
Computer Supplies (R) 101 40,000
Computer Systems (R) 102 250,000
Printing Blue Book (R) 103 150,000
Expenses of Members (R) 399 700,000
BRIM Premium (R) 913 ________18,877
Total $ 6,919,799
The appropriations for the senate for the fiscal year 2004 are to remain in full force and
effect and are hereby reappropriated to June 30, 2005. Any balances so reappropriated may be
transferred and credited to the fiscal year 2005 accounts.
Upon the written request of the clerk of the senate, the auditor shall transfer amounts
between items of the total appropriation in order to protect or increase the efficiency of the service.
The clerk of the senate, with the approval of the president, is authorized to draw his or her
requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the
senate, for any bills for supplies and services that may have been incurred by the senate and not
included in the appropriation bill, for supplies and services incurred in preparation for the opening,
the conduct of the business and after adjournment of any regular or extraordinary session, and for
the necessary operation of the senate offices, the requisitions for which are to be accompanied by
bills to be filed with the auditor.
The clerk of the senate, with the written approval of the president, or the president of the
senate shall have authority to employ such staff personnel during any session of the Legislature as
shall be needed in addition to staff personnel authorized by the senate resolution adopted during any
such session. The clerk of the senate, with the written approval of the president, or the president of
the senate shall have authority to employ such staff personnel between sessions of the Legislature
as shall be needed, the compensation of all staff personnel during and between sessions of the
Legislature, notwithstanding any such senate resolution, to be fixed by the president of the senate.
The clerk is hereby authorized to draw his or her requisitions upon the auditor for the payment of
all such staff personnel for such services, payable out of the appropriation for Compensation and
Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the clerk of the senate shall be paid a monthly
salary as provided by the senate resolution, unless increased between sessions under the authority
of the president, payable out of the appropriation for Compensation and Per Diem of Officers and
Employees or Current Expenses and Contingent Fund of the senate.
The distribution of the blue book shall be by the office of the clerk of the senate and shall
include seventy-five copies for each member of the Legislature and two copies for each classified
and approved high school and junior high school and one copy for each elementary school within the state.
- -House of Delegates
Fund 0170 FY 2005 Org 2200
Compensation of Members (R) 003 $ 2,270,000
Compensation and Per Diem of Officers
and Employees (R) 005 600,000
Current Expenses and Contingent Fund (R) 021 4,221,162
Expenses of Members (R) 399 1,190,000
BRIM Premium (R) 913 ________20,515
Total $ 8,301,677
The appropriations for the house of delegates for the fiscal year 2004 are to remain in full
force and effect and are hereby reappropriated to June 30, 2005. Any balances so reappropriated
may be transferred and credited to the fiscal year 2005 accounts.
Upon the written request of the clerk of the house of delegates, the auditor shall transfer
amounts between items of the total appropriation in order to protect or increase the efficiency of the
service.
The clerk of the house of delegates, with the approval of the speaker, is authorized to draw
his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund
of the house of delegates, for any bills for supplies and services that may have been incurred by the
house of delegates and not included in the appropriation bill, for bills for services and supplies
incurred in preparation for the opening of the session and after adjournment, and for the necessary
operation of the house of delegates' offices, the requisitions for which are to be accompanied by bills
to be filed with the auditor.
The speaker of the house of delegates, upon approval of the house committee on rules, shall
have authority to employ such staff personnel during and between sessions of the Legislature as
shall be needed, in addition to personnel designated in the house resolution, and the compensation of all personnel shall be as fixed in such house resolution for the session, or fixed by the speaker,
with the approval of the house committee on rules, during and between sessions of the Legislature,
notwithstanding such house resolution. The clerk of the house is hereby authorized to draw
requisitions upon the auditor for such services, payable out of the appropriation for the
Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund
of the house of delegates.
For duties imposed by law and by the house of delegates, including salary allowed by law
as keeper of the rolls, the clerk of the house of delegates shall be paid a monthly salary as provided
in the house resolution, unless increased between sessions under the authority of the speaker, with
the approval of the house committee on rules, and payable out of the appropriation for
Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund
of the house of delegates.
- -Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2005 Org 2300
Joint Committee on
Government and Finance (R) 104 $ 6,317,298
Legislative Printing (R) 105 940,000
Legislative Rule-Making
Review Committee (R) 106 226,050
Legislative Computer System (R) 107 1,138,121
Joint Standing Committee
on Education (R) 108 74,500
Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC)(R) 642 9,400,000
BRIM Premium (R) 913 ________14,220
Total $ 18,110,189
The appropriations for the joint expenses for the fiscal year 2004 are to remain in full force
and effect and are hereby reappropriated to June 30, 2005. Any balances so reappropriated may be
transferred and credited to the fiscal year 2005 accounts.
Upon the written request of the clerk of the senate, with the approval of the president of the
senate, and the clerk of the house of delegates, with the approval of the speaker of the house of
delegates, and a copy to the legislative auditor, the auditor shall transfer amounts between items of
the total appropriation in order to protect or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding Increased Compliance
(TRAFFIC) (fund 0175, activity 642) is intended for possible general state tax reductions or the
offsetting of any reductions in federal funding for state programs.
JUDICIAL
- -Supreme Court-
General Judicial
Fund 0180 FY 2005 Org 2400
Personal Services (R) 001 $
46,784,820
Annual Increment (R) 004 475,000
Employee Benefits (R) 010 15,712,329
Unclassified (R) 099 6,377,846
Judges' Retirement System (R) 110
6,758,174
BRIM Premium (R) 913 ________294,341
Total $ 76,402,510
The appropriations to the supreme court of appeals for the fiscal years 2002, 2003 and 2004
are to remain in full force and effect and are hereby reappropriated to June 30, 2005. Any balances so reappropriated may be transferred and credited to the fiscal year 2005 accounts.
This appropriation shall be administered by the administrative director of the supreme court
of appeals, who shall draw requisitions for warrants in payment in the form of payrolls, making
deductions therefrom as required by law for taxes and other items.
The appropriation for the Judges' Retirement System is to be transferred to the consolidated
public retirement board, in accordance with the law relating thereto, upon requisition of the
administrative director of the supreme court of appeals.
EXECUTIVE
- -Governor's Office
(WV Code Chapter 5)
Fund 0101 FY 2005 Org 0100
Personal Services 001 $ 2,245,000
Salary of Governor 002 95,000
Annual Increment 004 17,745
Employee Benefits 010 699,040
Unclassified (R) 099 830,386
Jobs for American Graduates 089 -0-
National Governors' Association 123 77,500
Southern States Energy Board 124 5,740
Publication of Papers and
Transition Expenses (R) 465 -0-
BRIM Premium 913 ________267,409
Total $ 4,237,820
Any unexpended balances remaining in the appropriations for Unclassified (fund 0101,
activity 099), Publication of Papers and Transition Expenses (fund 0101, activity 465), Publication
of Papers and Transition Expenses-Surplus (fund 0101, activity 359) and Southern Governors' Association-Surplus (fund 0101, activity 962) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005.
- -Governor's Office-
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2005 Org 0100
Unclassified-Total 096 $ 424,974
To be used for current general expenses, including compensation of employees, household
maintenance, cost of official functions and additional household expenses occasioned by such
official functions.
- -Governor's Office-
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 0104 FY 2005 Org 0100
Personal Services 010 $ 178,288
Annual Increment 004 2,050
Employee Benefits 010 45,065
Unclassified 099 55,757
Family Resource Networks (R) 274
1,205,935
Early Parenting Education 559 285,000
Starting Points Centers and
Parent Education Services (R) 316 ________-0-
Total $ 1,772,095
Any unexpended balances remaining in the appropriations for Family Resource Networks (fund
0104, activity 274), Starting Points Centers and Parent Education Services (fund 0104, activity 316) and Educare (fund 0104, activity 895) at the close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005, with the exception of fund 0104, fiscal year 2004, activity 274
($38,899); and fund 0104, fiscal year 2004, activity 316 ($38,899) which shall expire on June 30, 2004.
- -Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund 0105 FY 2005 Org 0100
Business & Economic Development
Stimulus (R) 586 $ -0-
Civil Contingent Fund - Total (R) 114 ________9,100,000
Total $ -0-
Any unexpended balances remaining in the appropriations for Civil Contingent Fund-Total (fund
0105, activity 114), Civil Contingent Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent
Fund (fund 0105, activity 614) and Business and Economic Development Stimulus (fund 0105, activity
586) at the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year
2005.
From this appropriation there may be expended, at the discretion of the governor, an amount not
to exceed one thousand dollars as West Virginia's contribution to the interstate oil compact commission.
The above appropriation is intended to provide contingency funding for accidental, unanticipated,
emergency or unplanned events which may occur during the fiscal year and is not to be expended for the
normal day-to-day operations of the governor's office.
- -Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2005 Org 1200
Personal Services 001 $ 2,087,640
Salary of Auditor 002 75,000
Annual Increment 004 37,265
Employee Benefits 010 662,576
Unclassified 099 703,936
BRIM Premium 913 ________13,374
_____________Total $ 3,579,791
- -Treasurer's Office
(WV Code Chapter 12)
Fund 0126 FY 2005 Org 1300
Personal Services 001 $ 1,667,893
Salary of Treasurer 002 75,000
Annual Increment 004 20,563
Employee Benefits 010 534,401
Unclassified (R) 099 942,889
Abandoned Property Program 118 283,029
Tuition Trust Fund (R) 692 148,549
BRIM Premium 913 ________32,909
Total $ 3,705,233
Any unexpended balances remaining in the appropriations for Unclassified (fund 0126, activity 099)
and Tuition Trust Fund (fund 0126, activity 692) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005, with the exception of fund 0126, fiscal year
2004, activity 009 ($42,549) which shall expire on June 30, 2004.
- -Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2005 Org 1400
Personal Services 001 $ 3,596,423
Salary of Commissioner 002 75,000
Annual Increment 004 77,138
Employee Benefits 010 1,307,831
State Farm Museum 055 110,000
General John McCausland Memorial Farm 095 -0-
Unclassified (R) 099 788,483
Gypsy Moth Program (R). 119 945,905
Huntington Farmers Market 128 50,000
Black Fly Control (R) 137 428,606
Donated Foods Program 363 50,000
Predator Control 470 140,000
Bee Research 691 32,421
Microbiology Program (R) 785 152,905
Moorefield Agriculture Center (R) 786 995,883
BRIM Premium 913 114,505
WV Food Banks 969 100,000
Animal Identification Program 039 200,000
Seniors' Farmers' Market Nutrition Coupon
Program 970 ________60,000
_____________Total $ 9,225,100
Any unexpended balances remaining in the appropriations for Unclassified (fund 0131, activity 099),
Gypsy Moth Program (fund 0131, activity 119), Black Fly Control (fund 0131, activity 137), Charleston
Farmers Market (fund 0131, activity 476), Capital Improvements-Total -Surplus (fund 0131, activity
672), Microbiology Program (fund 0131, activity 785) and Moorefield Agriculture Center (fund 0131,
activity 786) at the close of the fiscal year 2004 are hereby reappropriated for expenditure during the
fiscal year 2005, with the exception of fund 0131, fiscal year 2004, activity 119 ($63,473); fund 0131, fiscal year, 2004, activity 137 ($55,000); and fund 0131, fiscal year 2004, activity 786 ($49,706) which
shall expire on the June 30, 2004.
A portion of the Unclassified appropriation may be transferred to a special revenue fund for the
purpose of matching federal funds for marketing and development activities.
- -West Virginia Conservation Agency
(WV Code Chapter 19)
Fund 0132 FY 2005 Org 1400
Personal Services 001 $ 464,113
Annual Increment 004 8,150
Employee Benefits 010 175,037
Unclassified (R) 099 331,252
Soil Conservation Projects (R) 120 2,688,089
Maintenance of Flood
Control Projects (R) 522 2,170,438
BRIM Premium 913 ________5,090
Total $ 5,842,169
Any unexpended balances remaining in the appropriations for Soil Conservation Projects (fund 0132,
activity 120), Soil Conservation Projects-Surplus (fund 0132, activity 269) and Maintenance of Flood
Control Projects (fund 0132, activity 522), and Unclassified (fund 0132, activity 099) at the close of the
fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005, with the exception
of fund 0132, fiscal year 2004, activity 120 ($157,964) which shall expire on June 30, 2004.
- -Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 0135 FY 2005 Org 1400
Unclassified - Total 096 $ 617,112
Any part or all of this appropriation may be transferred to a special revenue fund for the purpose of
matching federal funds for the above-named program.
- -Department of Agriculture-
Agricultural Awards
(WV Code Chapter 19)
Fund 0136 FY 2005 Org 1400
Commissioner's Awards and Programs 737 $ 43,650
Programs & Awards for 4-H Clubs and FFA/FHA 577 ________15,000
Total $ 58,650
- -Attorney General
(WV Code Chapters 5, 14, 46A and 47)
Fund 0150 FY 2005 Org 1500
Personal Services (R) 001 $ 1,907,267
Salary of Attorney General 002 80,000
Annual Increment 004 46,284
Employee Benefits (R) 010 738,947
Unclassified (R) 099 316,716
Better Government Bureau 740 295,054
BRIM Premium 913 ________131,565
Total $ 3,515,833
Any unexpended balances remaining in the above appropriations for Personal Services (fund 0150,
activity 001), Employee Benefits (fund 0150, activity 010) and Unclassified (fund 0150, activity 099) at
the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005 with
the exception of fund 0150, fiscal year 2004, activity 001 ($107,746) which shall expire on June 30, 2004.
When legal counsel or secretarial help is appointed by the attorney general for any state spending
unit, this account shall be reimbursed from such spending units specifically appropriated account or from accounts appropriated by general language contained within this bill: Provided, That the spending unit
shall reimburse at a rate and upon terms agreed to by the state spending unit and the attorney general:
Provided, however, That if the spending unit and the attorney general are unable to agree on the amount
and terms of the reimbursement, the spending unit and the attorney general shall submit their proposed
reimbursement rates and terms to the joint committee on government and finance for final determination.
- -Secretary of State
(WV Code Chapters 3, 5 and 59)
Fund 0155 FY 2005 Org 1600
Personal Services 001 $ 607,425
Salary of Secretary of State 002 70,000
Annual Increment 004 10,900
Employee Benefits 010 226,267
Unclassified (R) 099 124,858
BRIM Premium 913 ________43,724
Total $ 1,083,174
Any unexpended balances remaining in the appropriations for Unclassified (fund 0155, activity 099)
and Administrative Law Division Improvements (fund 0155, activity 880) at the close of the fiscal year
2004 are hereby reappropriated for expenditure during the fiscal year 2005, with the exception of fund
0155, fiscal year 2004, activity 099 ($31,927) which shall expire on June 30, 2004.
- -State Election Commission
(WV Code Chapter 3)
Fund 0160 FY 2005 Org 1601
Unclassified-Total 096 $ 10,275
DEPARTMENT OF ADMINISTRATION
- -Department of Administration-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2005 Org 0201
Unclassified 099 $ 271,097
Lease Rental Payments 516 11,463,103
Pay Equity Reserve 364 250,000
BRIM Premium 913 ________14,073
Total $ 11,998,273
The appropriation for Lease Rental Payments shall be disbursed as provided by chapter thirty-one,
article fifteen, section six-b of the code.
- -Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2005 Org 0205
The division of highways, division of motor vehicles, bureau of employment programs, public
service commission and other departments, bureaus, divisions, or commissions operating from special
revenue funds and/or federal funds shall pay their proportionate share of the retirement costs for their
respective divisions. When specific appropriations are not made, such payments may be made from the
balances in the various special revenue funds in excess of specific appropriations.
- -Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2005 Org 0209
Personal Services 001 $ 102,940
Annual Increment 004 713
Employee Benefits 010 27,936
Unclassified 099 140,823
GAAP Project (R) 125 995,934
BRIM Premium 913 ________70,609
Total $ 1,338,955
Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, activity 125)
at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005.
- -Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2005 Org 0211
Personal Services 001 $ 582,902
Annual Increment 004 14,000
Employee Benefits 010 237,351
Unclassified 099 527,649
Fire Service Fee 126 14,000
Capitol Complex - Capital Outlay 417 -0-
BRIM Premium 913 ________98,759
Total $ 1,474,661
- -Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2005 Org 0213
Personal Services 001 $ 620,344
Annual Increment 004 10,928
Employee Benefits 010 196,554
Unclassified 099 8,247
BRIM Premium 913 ________3,594
Total $ 839,667
The division of highways shall reimburse the Unclassified appropriation (fund 2031, activity 099)
within the division of purchasing for all actual expenses incurred pursuant to the provisions of section
thirteen, article two-a, chapter seventeen of the code.
- -Commission on Uniform State Laws
(WV Code Chapter 29)
Fund 0214 FY 2005 Org 0217
Unclassified-Total 096 $ 31,000
To pay expenses for members of the commission on uniform state laws.
- -Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund 0217 FY 2005 Org 0218
Retro Payments-Total 652 $ 2,000,000
These funds may be transferred to a special account for the payment of premiums, self-insurance
losses, loss adjustment expenses and loss prevention engineering fees and may be transferred to a special
account for disbursement for payment of premiums and insurance losses.
- -Education and State Employees' Grievance Board
(WV Code Chapter 18)
Fund 0220 FY 2005 Org 0219
Personal Services 001 $ 624,084
Annual Increment 004 8,775
Employee Benefits 010 166,359
Unclassified 099 137,334
BRIM Premium 913 ________2,116
Total $ 938,668
- -Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2005 Org 0220
Personal Services 001 $ 219,694
Annual Increment 004 1,900
Employee Benefits 010 64,402
Unclassified 099 1,968
BRIM Premium 913 ________3,735
Total $ 291,699
- -Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2005 Org 0221
Personal Services 001 $ 548,011
Annual Increment 004 5,275
Employee Benefits 010 192,885
Unclassified 099 315,074
Appointed Counsel Fees and
Public Defender Corporations 127 -0-
Appointed Counsel Fees 788 9,795,756
Public Defender Corporations 352 12,773,436
Appointed Counsel-Public Defender Conflicts 568 3,265,252
BRIM Premium 913 ________47,190
Total $ 26,942,879
Any unexpended balances remaining in the above appropriations for Public Defender Corporations
(fund 0226, activity 352), and Appointed Counsel Fees (fund 0226, activity 788) at the close of the fiscal
year 2004 are hereby reappropriated for expenditure during the fiscal year 2005.
- -Committee for the Purchase of
Commodities and Services from the Handicapped
(WV Code Chapter 5A)
Fund 0233 FY 2005 Org 0224
Unclassified-Total 096 $ 5,046
- -Public Employees Insurance Agency
(WV Code Chapter 5)
Fund 0200 FY 2005 Org 0225
The division of highways, division of motor vehicles, bureau of employment programs, public
service commission and other departments, bureaus, divisions, or commissions operating from special
revenue funds and/or federal funds shall pay their proportionate share of the public employees health
insurance cost for their respective divisions.
- -West Virginia Prosecuting Attorneys' Institute
Fund 0557 FY 2005 Org 0228
Forensic Medical Examinations (R) 683 $ 100,000
Federal Funds/Grant Match (R) 749 ________88,000
Total $ 188,000
Any unexpended balances remaining in the appropriations for Forensic Medical Examinations (fund
0557, activity 683) and Federal Funds/Grant Match (fund 0557, activity 749) at the close of the fiscal year
2004 are hereby reappropriated for expenditure during the fiscal year 2005, with the exception of fund
0557, fiscal year 2004, activity 683 ($8,204) which shall expire on June 30, 2004.
- -Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 0588 FY 2005 Org 0230
Unclassified-Total (R) 096 $ 7,122,654
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0588, activity
096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year
2005.
DEPARTMENT OF EDUCATION
- -State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2005 Org 0402
Personal Services 001 $ 214,437
Annual Increment 004 3,594
Employee Benefits 010 77,799
Unclassified 099 __________1,660,000
Total $ 1,955,830
- -State FFA-FHA Camp and
Conference Center
(WV Code Chapters 18 and 18A)
Fund 0306 FY 2005 Org 0402
Personal Services 001 $ 557,252
Annual Increment 004 12,350
Employee Benefits 010 226,888
Unclassified 099 141,864
BRIM Premium 913 ________41,436
Total $ 979,790
- -State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2005 Org 0402
Personal Services 001 $ 2,805,924
Annual Increment 004 37,695
Employee Benefits 010 892,172
Unclassified (R) 099 3,800,000
WV Education Information System (WVEIS) 138 -0-
34/1000 Waiver 139 400,000
Traditional Student Increased
Enrollment 5yr-12th grade 997 2,600,000
Collaborative Resource Allocation 041 3,631,694
Safe Schools 143 2,000,000
Educational Achievement Incentive 042 5,208,396
Teacher Mentor (R) 158 400,000
National Teacher Certification (R) 161 50,000
HVAC Technicians 355 315,493
Early Retirement
Notification Incentive 366 150,000
FBI Checks 372 97,985
Foreign Student Education (R) 636 80,113
Bridges Program 394 150,000
State Teacher of the Year 640 38,499
Principals Mentorship 649 50,000
Allowance for Work Based Learning 744 120,000
Marshall University Graduate College
Writing Project 807 25,000
Regional Education Service Agencies 972 4,400,000
Sparse Population Allocation 973 625,000
BRIM Premium 913 ________328,295
Total $ 28,206,266
The above appropriation includes the state board of education and their executive office.
Any unexpended balances remaining in the appropriations for Unclassified (fund 0313, activity 099),
S.U.C.C.E.S.S.-Surplus (fund 0313, activity 964), Computer Basic Skills-Surplus (fund 0313, activity
965), Teacher Mentor (fund 0313, activity 158), National Teacher Certification (fund 0313, activity 161)
and Foreign Student Education (fund 0313, activity 636) at the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005.
- -State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2005 Org 0402
Special Education-Counties 159 $ 7,271,757
Special Education-Institutions 160 3,217,483
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers 302 581,478
Education of Institutionalized
Juveniles and Adults 472 11,503,434
Potomac Center 810 -0-
Educational Programs at Beckley and
Burlington Centers 975 ________-0-
Total $ 22,574,152
Any unexpended balance remaining in the appropriation for Unclassified-Surplus (fund 0314,
activity 097) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal
year 2005.
From the above appropriations, the superintendent shall have authority to expend funds for the costs
of special education for those children residing in out-of-state placements.
- -State Department of Education-
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2005 Org 0402
Other Current Expenses 022 $ 125,826,312
Professional Educators 151 731,600,242
Service Personnel 152 243,025,520
Fixed Charges 153 88,788,405
Transportation 154 25,787,620
Administration 155 3,023,492
Improve Instructional Programs 156 ________33,000,000
Basic Foundation Allowances 1,251,051,591
Less Local Share ________(305,560,152)
Total Basic State Aid 945,491,439
Early Childhood Collaborative 018 34,760,421
Public Employees' Insurance Matching 012 177,271,016
Teachers' Retirement System 019 345,376,678
School Building Authority 453 __________21,561,365
Total $ 1,524,460,919
- -State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2005 Org 0402
Personal Services 001 $ 902,344
Annual Increment 004 16,099
Employee Benefits 010 307,091
Unclassified 099 1,110,000
Wood Products-Forestry Vocational Program 146 56,220
Albert Yanni Vocational Program 147 124,263
Vocational Aid 148 14,404,493
Adult Basic Education 149 3,113,039
Partnership Development/Staff 171 -0-
Program Modernization 305 725,000
Technical and Secondary Program
Improvement Staff 330 260,871
GED Testing 339 291,160
Aquaculture Support 769 ________ 80,000
Total $ 21,390,580
- -State Board of Education-
Division of Educational Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2005 Org 0402
Personal Services 001 $ 414,244
Annual Increment 004 3,000
Employee Benefits 010 120,899
Unclassified 099 ________162,384
Total $ 700,527
- -West Virginia Schools for the
Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2005 Org 0403
Personal Services 001 $ 6,857,223
Annual Increment 004 5,550
Employee Benefits 010 2,507,476
Unclassified 099 1,613,470
BRIM Premium 913 ________68,938
Total $ 11,052,657
DEPARTMENT OF EDUCATION AND THE ARTS
- -Department of Education and the Arts-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2005 Org 0431
Governor's Honor Academy and
School for the Arts (R) 030 $ -0-
Governor's Honor Academy 478 390,150
Unclassified (R) 099 777,735
Center for Professional
Development (R) 115 1,200,000
Center for Professional Development-
Principals' Academy (R) 415 398,970
Teacher Education Partnerships (R) 576 500,000
Energy Express 861 450,000
BRIM Premium 913 ________3,821
Total $ 3,720,676
Any unexpended balances remaining in the appropriations for Governor's Honors Academy and
School for the Arts (fund 0294, activity 030), Unclassified (fund 0294, activity 099), Center for
Professional Development (fund 0294, activity 115), Center for Professional Development-Principals'
Academy (fund 0294, activity 415) and Teacher Education Partnerships (fund 0294, activity 576) at the
close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005, with
the exception of fund 0294, fiscal year 2004, activity 415 ($35,000); fund 0294, fiscal year 2004, activity
115 ($24,322); fund 0294, fiscal year 2004, activity 576 ($65,000); and fund 0294, fiscal year 2004,
activity 099($11,391) which shall expire on June 30, 2004.
- -Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2005 Org 0432
Personal Services 001 $ 2,144,527
Annual Increment 004 40,162
Employee Benefits 010 893,273
Unclassified 099 470,000
Culture and History Programming 732 300,000
BRIM Premium 913 ________61,293
_____________Total $ 3,909,255
The Unclassified appropriation includes funding for the arts funds, department programming funds,
grants, fairs and festivals and Camp Washington Carver and shall be expended only upon authorization
of the division of culture and history and in accordance with the provisions of chapter five-a, article three,
and chapter twelve of the code.
All federal moneys received as reimbursement to the division of culture and history for moneys
expended from the general revenue fund for the arts fund and historical preservation are hereby
reappropriated for the purposes as originally made, including personal services, current expenses and
equipment.
- -Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2005 Org 0433
Personal Services 001 $ 866,543
Annual Increment 004 28,100
Employee Benefits 010 349,668
Unclassified 099 229,809
Services to Blind and Handicapped 181 38,456
EBA Contractual Services 044 50,000
BRIM Premium 913 ________31,822
Total $ 1,594,398
- -Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2005 Org 0439
Personal Services 001 $ 3,030,517
Annual Increment 004 61,492
Employee Benefits 010 1,039,610
Unclassified 099 492,586
BRIM Premium 913 ________69,225
_____________Total $ 4,693,430
These funds may be transferred to special revenue accounts for matching college, university, city,
county, federal and/or other generated revenues.
- -State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2005 Org 0932
Personal Services 001 $ 6,439,706
Annual Increment 004 134,049
Employee Benefits 010 2,648,899
Unclassified 099 -0-
Employment Attendant Care Program 598 179,000
Workshop Development 163 1,816,149
Supported Employment
Extended Services 206 119,032
Ron Yost Personal Assistance Fund (R) 407 340,000
Independent Living Services 009 24,000
BRIM Premium 913 ________ 68,263
Total $ 11,769,098
Any unexpended balances remaining in the appropriations for Technology-Related Assistance
Revolving Loan Fund for Individuals with Disabilities (fund 0310, activity 766) is hereby reappropriated
for expenditure during the fiscal year 2005 and may be transferred to a special account for the purpose
of disbursement or loan. Any unexpended balances remaining in the appropriations for Capital
Improvements -Surplus (fund 0310, activity 661), Unclassified - Surplus (fund 0310, activity 097) and
Ron Yost Personal Assistant Fund (fund 0310, activity 406) at the close of the fiscal year 2004 is
hereby reappropriated for expenditure during the fiscal year 2005.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- -Department of Health and Human Resources-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2005 Org 0501
Unclassified-Total 096 $ 137,929
- -Division of Health-
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2005 Org 0506
Personal Services 001 $ 7,262,502
Annual Increment 004 164,981
Employee Benefits 010 3,132,691
Level 1, 2 and 3 Trauma Centers 013 675,594
Unclassified 099 2,677,222
Safe Drinking Water Program 187 506,098
Pet Scan Support 209 100,000
Women, Infants and Children 210 45,000
Basic Public Health Services Support 212 4,324,216
Early Intervention 223 3,307,043
Cancer Registry 225 272,671
State EMS Technical Assistance 379 1,404,020
EMS Program for Children 381 49,864
Statewide EMS Program Support 383 554,181
Primary Care Centers - Mortgage Finance 413 621,718
Black Lung Clinics 467 198,646
Women's Right to Know 546 200,000
Pediatric Dental Services 550 150,000
Vaccine for Children 551 432,457
Adult Influenza Vaccine 552 65,000
Tuberculosis Control 553 254,042
Maternal and Child Health Clinics,
Clinicians and Medical Contracts
and Fees (R) 575 4,614,362
Epidemiology Support 626 379,593
Primary Care Support 628 7,254,178
State Aid to Local Health Departments 702 9,257,684
Health Right Free Clinics 727 2,747,836
Osteoporosis Prevention Fund 729 156,696
Center for End of Life 545 195,000
Tobacco Education Program 906 -0-
CARDIAC Project 375 250,000
Emergency Response Entities-Special
Projects 822 400,000
Chief Medical Examiner 045 3,384,423
BRIM Premium 913 ________224,757
Total $ 55,262,475
Any unexpended balances remaining in the appropriations for Unclassified (fund 0407, fiscal year
1997, activity 099) and Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees
(fund 0407, activity 575) at the close of the fiscal year 2004 are hereby reappropriated for expenditure
during the fiscal year 2005, with the exception of fund 0407, fiscal year 2004, activity 575 ($69,213)
which shall expire on June 30, 2004.
From the Maternal and Child Health Clinics, Clinicians, and Medical Contracts and Fees line item,
$400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund.
Included in the above appropriation for Primary Care Centers-Mortgage Finance is $50,000 for the
mortgage payment for the Lincoln Primary Care Center, Inc.; $53,140 for the mortgage payment for the
Monroe Health Center; $42,564 for the mortgage payment for Roane County Family Health Care, Inc.;
$25,000 for the mortgage payment for the Tug River Health Association, Inc.; $48,000 for the mortgage
payment for the Primary Care Systems (Clay); $10,800 for the mortgage for the Belington Clinic; $30,000
for the mortgage payment for the Tri-County Health Clinic; $15,000 for the mortgage payments for
Valley Health Care (Randolph); $58,560 for the mortgage payment for Valley Health Systems, Inc.
(Woman's Place and Harts Health Clinic); $46,958 for the mortgage payment for Ritchie County Primary
Care Association, Inc.; $24,000 for the mortgage payment for Camden-on-Gauley Primary Care Center;
$8,000 for the mortgage payment for Northern Greenbrier Health Clinic; $12,696 for the mortgage
payment for the Women's Care, Inc. (Putnam); $25,000 for the mortgage payment for the Preston-Taylor
Community Health Centers, Inc.; $20,000 for the mortgage payments for the North Fork Clinic
(Pendleton); $40,000 for the mortgage payments for the Pendleton Community Care; $27,000 for the
mortgage for South Branch Health Facility (Upper Tract); $38,400 for the mortgage payment for Clay-
Battelle Community Health Center; $33,600 for the mortgage payment for Mountaineer Health Clinic
in Paw Paw and $13,000 be expended for the mortgage payment for the St. George Medical Clinic.
- -Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2005 Org 0506
Personal Services 001 $ 616,833
Annual Increment 004 11,991
Employee Benefits 010 252,697
Special Olympics 208 26,074
Behavioral Health Program-
Unclassified (R) 219 41,179,562
Family Support Act 221 1,092,753
Institutional Facilities Operations 335 46,712,385
Colin Anderson Community
Placement (R) 803 3,264,325
Renaissance Program 804 194,000
BRIM Premium 913 ________1,152,725
Total $ 94,503,345
Any unexpended balances remaining in the appropriations for Behavioral Health Program-
Unclassified (fund 0525, activity 219) and Colin Anderson Community Placement (fund 0525, activity
803) at the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year
2005, with the exception of fund 0525, fiscal year 2004, activity 219 ($2,064,354); and fund 0525, fiscal
year 2004, activity 803 ($2,100,325) which shall expire on June 30, 2004.
The secretary of the department of health and human resources, prior to the beginning of the fiscal
year, shall file with the legislative auditor and the department of revenue an expenditure schedule for each
formerly separate spending unit which has been consolidated into the above account and which receives
a portion of the above appropriation for Institutional Facilities Operations. The secretary shall also,
within fifteen days after the close of the six-month period of said fiscal year, file with the legislative
auditor and the department of revenue an itemized report of expenditures made during the preceding
six-month period.
From the Colin Anderson Community Placement (fund 0525, activity 803) funds may be both
expended for the community placement costs of the Colin Anderson clients and transferred to the Medical
Services Program Fund to pay the Medicaid state share of the Medicaid cost of Colin Anderson clients in the community.
From the above appropriation to Institutional Facilities Operations, together with available funds
from the division of health-hospital services revenue account (fund 5156, activity 335) and tobacco
settlement expenditure fund (fund 5124, activity 335), on July 1, 2004, the sum of one hundred sixty
thousand dollars shall be transferred to the department of agriculture-land division as advance payment
for the purchase of food products; actual payments for such purchases shall not be required until such
credits have been completely expended.
Additional funds have been appropriated in fund 5124, fiscal year 2005, organization 0506 and fund
5156, fiscal year 2005, organization 0506, for the operation of the institutional facilities. The secretary
of the department of health and human resources is authorized to utilize up to ten percent of the funds
from the Institutional Facilities Operations line item to facilitate cost effective and cost saving services
at the community level.
- -Division of Health-
West Virginia Drinking Water Treatment
(WV Code Chapter 16)
Fund 0561 FY 2005 Org 0506
West Virginia Drinking Water Treatment
Revolving Fund-Transfer 689 $ 700,000
The above appropriation for Drinking Water Treatment Revolving Fund-Transfer shall be transferred
to the West Virginia Drinking Water Treatment Revolving Fund or appropriate bank depository and the
Drinking Water Treatment Revolving-Administrative Expense Fund as provided by chapter sixteen of
the code.
- -Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2005 Org 0510
Personal Services 001 $ 667,467
Annual Increment 004 16,000
Employee Benefits 010 222,794
Unclassified 099 254,684
BRIM Premium 913 ________20,668
Total $ 1,181,613
- -Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2005 Org 0511
Personal Services 001 $ 21,465,192
Annual Increment 004 648,734
Employee Benefits 010 8,449,645
Unclassified 099 16,731,576
Child Care Development 144 1,447,463
Medical Services Contracts and Office
of Managed Care 183 2,329,730
Medical Services 189 239,070,628
Women's Commission 191 133,381
Social Services 195 60,105,425
Family Preservation Program 196 1,565,000
Domestic Violence Legal Services Fund 384 150,000
James "Tiger" Morton Catastrophic
Illness Fund 455 940,000
Child Protective Services Case Workers 468 11,917,452
Medical Services Trust Fund Transfer 512 5,000,000
OSCAR and RAPIDS 515 3,471,648
WV Teaching Hospitals Tertiary/Safety Net 547 1,750,000
Child Welfare System 603 2,581,948
Commission for the Deaf and
Hard of Hearing 704 263,473
Child Support Enforcement 705 2,758,468
Medicaid Auditing 706 590,841
Temporary Assistance for Needy
Families/Maintenance of Effort 707 22,969,096
Child Care-Maintenance of
Effort and Match 708 4,409,643
Grants for Licensed Domestic Violence
Programs and Statewide Prevention 750 1,000,000
Indigent Burials (R) 851 1,200,000
Sole Community/Medicare Dependent
Hospitals under 100 beds 046 750,000
BRIM Premium 913 ________882,229
Total $ 412,581,572
Any unexpended balances remaining in the appropriations for Indigent Burials (fund 0403, activity
851) and Medical Services (fund 0403, activity 189) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005, with the exception of fund 0403, fiscal year
2004, activity 189 ($122,818); and fund 0403, fiscal year 2004, activity 851 ($325,000) which shall
expire on June 30, 2004.
The above appropriation for James "Tiger" Morton Catastrophic Illness Fund (activity 455) shall
be transferred to the James "Tiger" Morton Catastrophic Illness Fund (fund 5454) as provided by chapter
sixteen, article five-q, of the code.
The above appropriation for Domestic Violence Legal Services Fund (activity 384) shall be
transferred to the Domestic Violence Legal Services Fund (fund 5455).
Notwithstanding the provisions of Title I, section three of this bill, the secretary of the department
of health and human resources shall have the authority to transfer funds within the above account:
Provided, That no more than five percent of the funds appropriated to one line item may be transferred to other line items: Provided, however, That no funds from other line items shall be transferred to the
personal services line item.
The secretary shall have authority to expend funds for the educational costs of those children residing
in out-of-state placements, excluding the costs of special education programs.
The above appropriation for Sole Community/Medicare Dependent Hospitals under 100 beds shall
be used as additional state match for cost based reimbursement.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
- -Department of Military Affairs and
Public Safety-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2005 Org 0601
Unclassified (R) 099 $ 529,199
BRIM Premium 913 ________11,194
Total $ 540,393
Any unexpended balance remaining in the appropriation for Unclassified (fund 0430, activity 099)
at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005.
- -Adjutant General-
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2005 Org 0603
Personal Services 001 $ 387,196
Annual Increment 004 9,900
Employee Benefits 010 127,063
Unclassified (R) 099 13,186,283
Mountaineer ChalleNGe Academy 709 1,200,000
BRIM Premium 913 ________45,086
Total $ 14,955,528
Any unexpended balance remaining in the appropriation for Unclassified (fund 0433, activity 099)
at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005.
From the above appropriation an amount approved by the adjutant general and the secretary of
military affairs and public safety may be transferred to the State Armory Board for operation and
maintenance of National Guard Armories.
- -West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2005 Org 0605
Personal Services 001 $ 122,751
Annual Increment 004 1,744
Employee Benefits 010 127,119
Unclassified 099 119,325
Salaries of Members of West Virginia
Parole Board 227 225,000
BRIM Premium 913 ________17,511
Total $ 613,450
- -Office of Emergency Services
(WV Code Chapter 15)
Fund 0443 FY 2005 Org 0606
Personal Services 001 $ 222,636
Annual Increment 004 5,500
Employee Benefits 010 84,834
Unclassified 099 106,841
Federal Emergency Management
Agency Match (R) 188 210,937
Radiological Emergency Preparedness 554 25,600
Early Warning Flood System 877 324,264
BRIM Premium 913 ________12,598
Total $ 993,210
Any unexpended balances remaining in the appropriations for Federal Emergency Management
Agency Match-Surplus (fund 0443, activity 121), Federal Emergency Management Agency Match (fund
0443, activity 188), Flood Reparations (fund 0443, activity 400) and Homeland Security Grant
Match-Surplus (fund 0443, activity 957) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2005.
- -Division of Corrections-
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2005 Org 0608
Personal Services 001 $ 357,881
Annual Increment 004 5,775
Employee Benefits 010 117,832
Unclassified 099 ________97,594
Total $ 579,082
Any unexpended balance remaining in the appropriation for Management Information System (fund
0446, activity 398) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- -Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2005 Org 0608
Unclassified 099 $ 896,204
Employee Benefits 010 324,385
Charleston Work Release 456 834,089
Beckley Correctional Center 490 919,012
Huntington Work Release 495 712,740
Anthony Center 504 4,219,340
Huttonsville Correctional Center 514 13,730,212
Northern Correctional Facility 534 5,968,468
Inmate Medical Expenses 535 12,371,767
Pruntytown Correctional Center 543 5,657,088
Payments to Federal, County and/or
Regional Jails 555 8,303,000
Corrections Academy 569 995,100
Martinsburg Correctional Center 663 3,060,000
Parole Services 686 1,982,452
Special Services 687 2,091,002
St. Mary's Correctional Facility 881 10,720,652
Denmar Correctional Facility 882 3,584,430
Ohio County Correctional Facility 883 1,179,235
Mt. Olive Correctional Facility 888 16,673,064
Lakin Correctional Facility 896 7,245,722
BRIM Premium 913 ________853,296
Total $ 102,321,258
The commissioner of corrections shall within fifteen days after the close of each six-month period
of said fiscal year, file with the legislative auditor and the department of revenue an itemized report of
expenditures made during the preceding six-month period. Such report shall include the total of
expenditures made for personal services, annual increment, current expenses (inmate medical expenses
and other), repairs and alterations and equipment. The commissioner of corrections shall also have the
authority to transfer between line items appropriated to the individual correctional units above and may
transfer funds from the individuals units to Payments to Federal, County and/or Regional Jails (fund 0450, activity 555) or the Inmate Medical Expenses (fund 0450, activity 535).
From the above appropriation to Unclassified, on July 1, 2004, the sum of three hundred thousand
dollars shall be transferred to the department of agriculture-land division as advance payment for the
purchase of food products; actual payments for such purchases shall not be required until such credits
have been completely expended.
- -West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2005 Org 0612
Personal Services 001 $ 27,590,156
Annual Increment 004 198,050
Employee Benefits 010 6,727,064
Unclassified 099 6,091,191
Handgun Replacement 289 -0-
Vehicle Purchase 451 1,000,000
Barracks Maintenance
and Construction (R) 494 98,068
Trooper Class (R) 521 3,670,885
Barracks Lease Payments 556 440,088
Communications and
Other Equipment (R) 558 613,285
Trooper Retirement Fund 605 27,780,136
Handgun Administration Expense 747 70,544
Automated Fingerprint
Identification System 898 496,122
BRIM Premium 913 ________6,731,157
Total $ 81,506,746
Any unexpended balances remaining in the appropriations for Barracks Maintenance and Construction (fund 0453, activity 494), Trooper Class (fund 0453, activity 521) and Communications and
Other Equipment (fund 0453, activity 558) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2004.
From the reappropriated balance of the Barracks Maintenance and Construction line item above, at
least $500,000 shall be utilized to repair and renovate the Martinsburg Barracks.
- -Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2005 Org 0613
Personal Services 001 $ 872,723
Annual Increment 004 27,330
Employee Benefits 010 387,973
Unclassified 099 50,000
Veterans' Field Offices 228 180,000
Veterans' Nursing Home 286 750,000
Veterans' Toll Free Assistance Line 328 5,000
Veterans' Reeducation Assistance (R) 329 211,604
Veterans' Grant Program (R) 342 150,000
Memorial Day Patriotic Exercise 697 20,000
BRIM Premium 913 ________27,978
Total $ 2,682,608
Any unexpended balances remaining in the appropriations for Veterans' Reeducation Assistance
(fund 0456, activity 329), Veterans' Grant Program (fund 0456, activity 342), Women's Veterans'
Monument (fund 0456, activity 385) and Veterans' Monuments (fund 0456, activity 817) at the close of
the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005.
The above appropriation for Veterans' Nursing Home (fund 0456, activity 286) may be transferred
to the Veterans' Nursing Home Support Fund (fund 6703, org 0613) at the discretion of the director of
the Division of Veterans' Affairs.
- -Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 0460 FY 2005 Org 0618
Personal Services 001 $ 668,646
Annual Increment 004 15,100
Employee Benefits 010 312,663
Unclassified 099 ________37,316
_____________Total $ 1,033,725
- -Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2005 Org 0619
Safe Schools Hotline - Total 093 $ $200,000
- -Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 0546 FY 2005 Org 0620
Personal Services 001 $ 236,236
Annual Increment 004 3,645
Employee Benefits 010 78,755
Unclassified 099 129,583
Statistical Analysis Program 597 48,265
Sentencing Commission 976 -0-
BRIM Premium 913 ________1,462
Total $ 497,946
- -Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2005 Org 0621
Robert L. Shell Juvenile Center 267 $ 1,573,072
Donald R. Kuhn Diagnostic Center 283 2,078,265
Central Office 701 1,825,015
BRIM Premium 913 31,436
WV Industrial Home for Youth 979 10,689,850
Davis Center 980 2,117,417
Eastern Regional Juvenile Center 981 1,257,152
Northern Regional Juvenile Center 982 912,807
North Central Regional Juvenile Center 983 1,602,290
Southern Regional Juvenile Center 984 1,704,494
Tiger Morton Center 985 1,814,195
Donald R. Kuhn Juvenile Center 986 1,458,122
J.M. "Chick" Buckbee Juvenile Center 987 1,834,552
Salem Canine 988 87,651
Davis Canine 989 83,611
The Academy 990 128,857
Mt. Hope Juvenile Center 991 ________1,742,028
Total $ 30,940,814
Any unexpended balance remaining in the appropriation for Unclassified (fund 0570, activity 099)
at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005.
From the above appropriation to Unclassified, on July 1, 2004, the sum of fifty thousand dollars shall
be transferred to the department of agriculture-land division as advance payment for the purchase of food
products; actual payments for such purchases shall not be required until such credits have been
completely expended.
The director of juvenile services shall also have the authority to transfer between line items
appropriated to the individual juvenile centers above.
- -Division of Protective Services
(WV Code Chapter 15)
Fund 0585 FY 2005 Org 0622
Personal Services 001 $ 864,051
Annual Increment 004 9,350
Employee Benefits 010 343,713
Unclassified (R) 099 514,518
BRIM Premium 913 ________6,816
Total $ 1,738,448
Any unexpended balances remaining in the appropriations for Equipment (fund 0585, activity 070)
and Unclassified (fund 0585, activity 099) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2005.
DEPARTMENT OF REVENUE
- -Office of the Secretary
(WV Code Chapter 11)
Fund 0465 FY 2005 Org 0701
Unclassified - Total 096 $ 622,000
- -Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2005 Org 0702
Personal Services (R) 001 $ 11,002,709
Annual Increment 004 259,060
Employee Benefits (R) 010 4,194,362
Tax Technology Upgrade 094 1,815,000
Unclassified (R) 099 6,417,510
GIS Development Project 562 150,000
Remittance Processor 570 381,015
Multi State Tax Commission 653 77,958
BRIM Premium 913 ________11,711
Total $ 24,309,325
Any unexpended balances remaining in the appropriations for Personal Services (fund 0470, activity
001), Employee Benefits (fund 0470, activity 010), Unclassified-Surplus (fund 0470, activity 097),
Unclassified (fund 0470, activity 099), and Tax Technology Upgrade-Surplus (fund 0470, activity 450)
at the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005.
- -State Budget Office
(WV Code Chapter 11B)
Fund 0595 FY 2005 Org 0703
Unclassified - Total 096 $ 1,050,000
- -West Virginia Office of Tax Appeals
(WV Code Chapter 11)
Fund 0593 FY 2005 Org 0709
Unclassified-Total (R) 096 $ 644,413
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0593, activity
096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year
2005, with the exception of fund 0593, fiscal year 2004, activity 096 ($18,636) which shall expire on June
30, 2004.
- -Division of Professional and
Occupational Licenses-
State Athletic Commission
(WV Code Chapter 29)
Fund 0523 FY 2005 Org 0933
Unclassified-Total 096 $ 10,000
Unclassified 099 -0-
BRIM Premium 913 ________-0-
Total $ -0-
DEPARTMENT OF TRANSPORTATION
- -State Rail Authority
(WV Code Chapter 29)
Fund 0506 FY 2005 Org 0804
Unclassified 099 $ 3,096,347
BRIM Premium 913 ________270,874
Total $ 3,367,221
- -Division of Public Transit
(WV Code Chapter 17)
Fund 0510 FY 2005 Org 0805
Unclassified (R) 099 $ 1,258,342
Grant Match (R) 388 ________1,000,000
Total $ 2,258,342
Any unexpended balances remaining in the appropriations for Unclassified (fund 0510, activity 099),
Grant Match (fund 0510, activity 388) and Federal Funds/Grant Match (fund 0510, activity 749) at the
close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005, with
the exception of fund 0510, fiscal year 2004, activity 099 ($37,531); and fund 0510, fiscal year 2004,
activity 749 ($29,000) which shall expire on June 30, 2004.
- -Public Port Authority
(WV Code Chapter 17)
Fund 0581 FY 2005 Org 0806
Unclassified 099 $ 460,537
BRIM Premium 913 ________649
Total $ 461,186
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0581, activity
096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year
2005, with the exception of fund 0581, fiscal year 2004, activity 096 ($21,040) which shall expire on June
30, 2004.
- -Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2005 Org 0807
Unclassified (R) 099 $ 1,169,436
Civil Air Patrol 234 __________151,384
Total $ 1,320,820
Any unexpended balance remaining in the appropriation for Unclassified (fund 0582, activity 099)
at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005,
with the exception of fund 0582, fiscal year 2004, activity 099 ($35,606) which shall expire on June 30,
2004.
BUREAU OF COMMERCE
- -Division of Forestry
(WV Code Chapter 19)
Fund 0250 FY 2005 Org 0305
Personal Services 001 $ 1,631,940
Annual Increment 004 43,000
Employee Benefits 010 736,845
Aerial Tanker 047 200,000
BRIM Premium 913 ________208,855
Total $ 2,820,640
Out of the above appropriation a sum may be used to match federal funds for cooperative studies or
other funds for similar purposes.
- -Geological and Economic Survey
(WV Code Chapter 29)
Fund 0253 FY 2005 Org 0306
Personal Services 001 $ 1,243,962
Annual Increment 004 35,564
Employee Benefits 010 415,126
Unclassified 099 201,317
Mineral Mapping System (R) 207 1,556,636
BRIM Premium 913 ________34,291
Total $ 3,486,896
Any unexpended balances remaining in the appropriations for Mineral Mapping System (fund 0253,
activity 207) and Geographic Information System (fund 0253, activity 214) at the close of the fiscal year
2004 are hereby reappropriated for expenditure during the fiscal year 2005, with the exception of fund
0253, fiscal year 2004, activity 214 ($8,527); and fund 0253, fiscal year 2004, activity 207 ($65,450)
which shall expire on June 30, 2004.
The above Unclassified appropriation includes funding to secure federal and other contracts and may
be transferred to a special revolving fund (fund 3105, activity 099) for the purpose of providing advance
funding for such contracts.
- -West Virginia Development Office
(WV Code Chapter 5B)
Fund 0256 FY 2005 Org 0307
Personal Services 001 $ 2,354,456
Annual Increment 004 34,180
Employee Benefits 010 730,222
Energy Village 090 -0-
Unclassified 099 2,493,845
Partnership Grants (R) 131 2,640,244
National Youth Science Camp 132 149,039
Local Economic Development
Partnerships (R) 133 1,650,000
ARC Assessment 136 167,308
Institute for Software Research 217 76,213
West Virginia Steel Advisory 230 -0-
Mid-Atlantic Aerospace Complex (R) 231 176,783
Guaranteed Work Force Grant (R) 242 2,378,267
Mingo County Surface Mine Project 296 125,000
Small Business Financial Assistance (R) 360 356,695
Robert C. Byrd Institute for Advanced/
Flexible Manufacturing-Technology
Outreach and Programs for
Environmental and
Advanced Technologies 367 549,990
Advantage Valley 389 78,570
Chemical Alliance Zone 390 40,500
WV High Tech Consortium 391 159,570
Charleston Farmers Market (R) 476 90,000
Industrial Park Assistance (R) 480 445,000
Leverage Technology and Small
Business Development Program (R) 525 639,614
International Offices (R) 593 690,644
WV Manufacturing
Extension Partnership 731 152,426
Small Business Work Force (R) 735 417,341
Polymer Alliance 754 76,213
National Institute
of Chemical Studies 805 74,519
Local Economic
Development Assistance (R) 819 4,778,516
Community College
Workforce Development (R) 878 642,943
BRIM Premium 913 24,130
Hardwood Alliance Zone 992 45,000
ARC-WV Home of Your Own Alliance 048 ________ 40,000
Total $ 22,277,228
Any unexpended balances remaining in the appropriations for Partnership Grants (fund 0256, activity
131), Local Economic Development Partnerships (fund 0256, activity 133), Mid-Atlantic Aerospace
Complex (fund 0256, activity 231), Guaranteed Work Force Grant (fund 0256, activity 242), Local
Economic Development Assistance-Surplus (fund 0256, activity 266), Small Business Financial
Assistance (fund 0256, activity 360), Charleston Farmers Market (fund 0256, activity 476), Industrial
Park Assistance (fund 0256, activity 480), Leverage Technology and Small Business Development
Program (fund 0256, activity 525), International Offices (fund 0256, activity 593), Small Business Work
Force (fund 0256, activity 735), Local Economic Development Assistance (fund 0256, activity 819),
Community College Workforce Development (fund 0256, activity 878), Economic Development
Assistance (fund 0256, activity 900) and Technology Initiatives (fund 0256, activity 901) at the close of
the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005, with the
exception of fund 0256, fiscal year 2004, activity 131 ($152,922); fund 0256, fiscal year 2004, activity
133 ($109,132); fund 0256, fiscal year 2004, activity 231 ($5,696); fund 0256, fiscal year 2004, activity
242 ($78,375); fund 0256, fiscal year 2004, activity 476 ($2,610); fund 0256, fiscal year 2004, activity
480 ($64,134); fund 0256, fiscal year 2004, activity 525 ($20,835); fund 0256, fiscal year 2004, activity
593 ($22,504); fund 0256, fiscal year 2004, activity 735 ($15,344); fund 0256, fiscal year 2004, activity
819 ($171,208); and fund 0256, fiscal year 2004, activity 878 ($20,950) which shall expire on June 30,
2004.
The above appropriation to Local Economic Development Partnerships shall be used by the West
Virginia development office for the award of funding assistance to county and regional economic
development corporations or authorities participating in the certified development community program
developed under the provisions of section three, article two, chapter five-b of the code. The West Virginia development office shall award the funding assistance through a matching grant program, based
upon a formula whereby funding assistance may not exceed thirty thousand dollars per county served by
an economic development corporation or authority.
- -Division of Labor
(WV Code Chapters 21 and 47)
Fund 0260 FY 2005 Org 0308
Personal Services 001 $ 1,605,054
Annual Increment 004 25,072
Employee Benefits 010 666,904
Unclassified 099 565,789
BRIM Premium 913 ________49,987
Total $ 2,912,806
- -Division of Natural Resources
(WV Code Chapter 20)
Fund 0265 FY 2005 Org 0310
Personal Services 001 $ 6,741,356
Annual Increment 004 220,037
Employee Benefits 010 3,280,120
Gypsy Moth Suppression Program -
Wildlife Management Areas 014 45,500
Unclassified 099 19,089
Litter Control Conservation Officers 564 150,000
Upper Mud River Flood Control 654 150,000
Law Enforcement 806 759,589
BRIM Premium 913 ________326,638
Total $ 11,692,329
Any revenue derived from mineral extraction at any state park shall be deposited in a special revenue account of the division of natural resources, first for bond debt payment purposes and with
any remainder to be for park operation and improvement purposes.
- -Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 0277 FY 2005 Org 0314
Personal Services 001 $ 3,648,406
Annual Increment 004 70,750
Employee Benefits 010 1,391,000
Unclassified 099 676,068
WV Diesel Equipment Commission 712 38,034
BRIM Premium 913 ________61,503
Total $ 5,885,761
- -Board of Coal Mine
Health and Safety
(WV Code Chapter 22)
Fund 0280 FY 2005 Org 0319
Personal Services 001 $ 110,950
Annual Increment 004 600
Employee Benefits 010 28,736
Unclassified 099 ________29,115
Total $ 169,401
- -Coal Mine Safety and
Technical Review Committee
(WV Code Chapter 22)
Fund 0285 FY 2005 Org 0320
Unclassified-Total 096 $ 63,352
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- -Environmental Quality Board
(WV Code Chapter 20)
Fund 0270 FY 2005 Org 0311
Personal Services 001 $ 82,085
Annual Increment 004 965
Employee Benefits 010 17,445
Unclassified 099 4,873
BRIM Premium 913 ________-0-
Total $ 105,368
- -Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2005 Org 0313
Personal Services 001 $ 3,716,672
Annual Increment 004 64,009
Employee Benefits 010 1,253,967
West Virginia's Contribution to the
Interstate Commission on
Potomac River Basin 091 38,493
West Virginia's Contribution to the
Ohio River Valley Water
Sanitation Commission 092 109,992
Unclassified 099 971,225
Dam Safety 607 213,997
Office of Water Resources
Non-Enforcement Activity 855 1,155,645
BRIM Premium 913 31,620
Welch DEP Office Continuing Operation 993 ________83,720
Total $ 7,639,340
- -Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2005 Org 0325
Unclassified 099 $ 79,390
BRIM Premium 913 ________3,124
Total $ 82,514
BUREAU OF SENIOR SERVICES
- -Bureau of Senior Services
(WV Code Chapter 29)
Fund 0420 FY 2005 Org 0508
Personal Services 001 $ 125,099
Annual Increment 004 2,350
Employee Benefits 010 61,168
Unclassified 099 344,277
Silver Haired Legislature 202 15,000
Area Agencies Administration 203 78,685
Alzheimers Respite Care 565 250,000
BRIM Premium 913 ________6,389
_____________Total $ 882,968
HIGHER EDUCATION POLICY COMMISSION
- -Higher Education Policy Commission-
Administration-
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2005 Org 0441
Unclassified 099 2,000,000
WVNET 169 $ 1,952,662
West Virginia Council for Community
and Technical Education (R) 392 -0-
Vice Chancellor for Health Sciences-Rural
Health Initiative Program and Site
Support (R) 595 -0-
BRIM Premium 913 ________66,509
Total $ 4,019,171
Any unexpended balances remaining in the appropriations for Vice Chancellor for Health
Sciences-Rural Health Initiative Program and Site Support (fund 0589, activity 595), Vice Chancellor
for Health Sciences-Rural Health Residency Program (fund 0589, activity 601), West Virginia
Council for Community and Technical Education (fund 0589, activity 392) and HEAPS Grant
Program (fund 0589, activity 867) at the close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005, with the exception of fund 0589, fiscal year 2004, activity
595, organization 0441 ($27,976); fund 0343, fiscal year 2004, activity 595, organization 0463
($21,906); fund 0347, fiscal year 2004, activity 595, organization 0471 ($75,000); fund 0589, fiscal
year 2004, activity 601, organization 0441 ($1,400); fund 0347, fiscal year 2004, activity 601,
organization 0471 ($86,122); and fund 0589, fiscal year 2004, activity 392, organization 0441
($8,808) which shall expire on June 30, 2004.
- -Higher Education Policy Commission
-
System-
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2005 Org 0442
Marshall Medical School 173 $ 12,841,156
WVU - School of Health Sciences 174 41,670,694
WVU School of Health Sciences - Charleston
Division 175 3,732,313
WVU School of Health Science -
Eastern Division 056 1,600,000
Primary Health Education Medical School
Program Support (R) 177 2,165,141
New River Community and Technical College
of Bluefield State College 358 -0-
Bluefield State College 408 3,205,566
Concord College 410 8,294,215
Eastern West Virginia Community and
Technical College 412 -0-
Fairmont State College 414 11,214,165
Fairmont State Community and
Technical College 421 -0-
Glenville State College 428 5,493,196
Shepherd College 432 8,522,724
West Liberty State College 439 8,570,738
Shepherd Community and
Technical College 434 -0-
West Virginia State College 441 9,513,158
West Virginia State Community and
Technical College 445 -0-
Southern West Virginia Community and
Technical College 446 -0-
West Virginia Northern Community and
Technical College 447 -0-
Marshall University 448 39,426,465
Marshall University Medical School
BRIM Subsidy 449 728,167
West Virginia University 459 83,734,963
West Virginia University School of
Medicine BRIM Subsidy 460 1,438,380
West Virginia University -
Parkersburg 471 -0-
West Virginia University Institute
for Technology 479 6,145,888
West Virginia University Institute
for Technology Community and
Technical College 486 -0-
Marshall University Community and
Technical College 487 -0-
Blanchette Rockefeller
Neurological Institute 635 -0-
West Virginia University -
Potomac State 994 ________4,018,430
Total $ 252,315,359
Any unexpended balances remaining in the appropriations for Primary Health Education Medical
School Program Support (fund 0586, activity 177), Jackson's Mill (fund 0586, activity 461), Marshall
University Forensic Lab (fund 0586, activity 572), Jackson's Mill-Surplus (fund 0586, activity 842)
and WVU College of Engineering and Mineral Resources-Diesel Training-Transfer (fund 0586,
activity 852) at the close of fiscal year 2004 are hereby reappropriated for expenditure during the
fiscal year 2005, with the exception of fund 0586, fiscal year 2004, activity 177, organization 0442
($392); fund 0347, fiscal year 2004, activity 177, organization 0471 ($50,000); and fund 0343, fiscal
year 2004, activity 177, organization 0463 ($23,759) which shall expire on June 30, 2004.
Included in the appropriation for WVU-School of Health Sciences
and Marshall Medical School are $943,080 and $295,477, respectively, for Graduate Medical Education which may be transferred to the Department of Health and Human Resources' Medical
Service Fund (fund 5084) for the purpose of matching federal or other funds to be used in support of
graduate medical education, subject to the Vice-Chancellor for Health Sciences and the Secretary of
the Department of Health and Human Resources. If approval is denied, the funds may be utilized by
the respective institutions for expenditure on graduate medical education.
Included in the above appropriation for WVU - School of Health Sciences is $511,105 for the
WVU Charleston Division Poison Control Hotline. This amount shall be enhanced by an allocation
for the director's salary as well as in-kind assistance. These amounts shall be allocated equally
among the four quarters of the fiscal year for disbursement to the WVU-Charleston Division Poison
Control Hotline. Also included is an additional $800,000 for the Blanchette Rockefeller Project.
Included in the above appropriation for West Virginia University is $34,500 for the Marshall and
WVU Faculty and Course Development International Study Project, $246,429 for the WVU Law
School - Skills Program, $147,857 for the WVU Coal and Energy Research Bureau, $19,714 for the
WVU College of Engineering and Mineral Resources - Diesel Training - Transfer, $153,000 for the
WVU-Sheep Study, $80,000 for a veterinarian, and $100,000 for the rifle team.
Included in the above appropriation for Marshall Medical School is $417,351 for the Marshall
University Forensic Lab and $175,061 for the Marshall University Center for Rural Health.
Included in the above appropriation for Marshall University is $181,280 for the Marshall
University-Southern WV CTC 2+2 Program and $795,597 for the Marshall University Autism
Training Center.
Included in the above appropriation for Concord College is $100,000 for the Geographic
Alliance.
Included in the above appropriation for Shepherd College is $100,000 for the Gateway Program.
The institutions operating from special revenue funds and/or federal funds shall pay their
proportionate share of the Board of Risk and Insurance Management total insurance premium cost for
their respective institutions.
- -West Virginia Council for
Community and Technical College Council-
Control Account
(WV Code Chapter 18B)
Fund FY 2005 Org 0442
WV Council for CTC Education (R) 392 $ 650,000
New River Community and Technical College
of Bluefield State College 358 5,315,219
Eastern West Virginia Community and
Technical College 412 1,967,728
Fairmont State Community and
Technical College 421 7,394,285
Shepherd Community and
Technical College 434 2,307,838
West Virginia State Community and
Technical College 445 2,734,186
Southern West Virginia Community and
Technical College 446 7,658,467
West Virginia Northern Community and
Technical College 447 5,729,485
West Virginia University -
Parkersburg 471 8,035,367
West Virginia University Institute
for Technology Community and
Technical College 486 3,200,538
Marshall University Community and
Technical College 487 5,220,038
Total $ 50,213,151
Any unexpended balances remaining in the appropriation for the West Virginia Council for
Community and Technical Education (fund 0589, activity 392) at the close of the fiscal year 2004 are
hereby reappropriated for expenditure during the fiscal year 2005, with the exception of fund 0355,
fiscal year 2004, activity 488 ($1,050) which shall expire June 30, 2004.
Included in the above appropriation for Southern West Virginia Community and Technical
College is $373,774 for the Marshall University-Southern WV Community and Technical College
2+2 Program, $98,912 for delivery of the associate degree nursing program to Eastern WV
Community and Technical College, and $25,000 for the Appleread Program.
The institutions operating with special revenue funds and/or federal funds shall pay their
proportionate share of the Board of Risk and Insurance Management total insurance premium cost for
their respective institutions.
- -Higher Education Policy Commission-
Health Sciences-
Control Account
(WV Code Chapter 18B)
Fund 0590 FY 2005 Org 0477
Any unexpended balances remaining in the appropriations for Primary Health Education Medical
School Program Support (fund 0590, activity 177), Correctional Telemedicine Project (fund 0590,
activity 406), WVU Charleston Division-Poison Control Hot Line (fund 0590, activity 510), Capital
Outlay and Equipment (fund 0590, activity 542) and Rural Health Initiative Site Support Program
(fund 0590, activity 853) at the close of the fiscal year 2004 are hereby reappropriated for expenditure
during the fiscal year 2005.
- -Higher Education Policy Commission-
Legislative-
Funding Priorities
Control Account
(WV Code Chapter 18B)
Fund 0591 FY 2005 Org 0441
Any unexpended balances remaining in the appropriations for Higher Education-Special
Projects (fund 0591, activity 488), Independently Accredited Community and Technical College
Development (fund 0591, activity 491) and Research Challenge (fund 0591, activity 502) at the close
of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005, with the
exception of fund 0355, fiscal year 2004, activity 488, organization 0482 ($1,050)
The above appropriation shall be allocated only to the State's post-secondary institutions with
compacts approved by the Higher Education Policy Commission, as stated in §18B-1A-5.
MISCELLANEOUS BOARDS AND COMMISSIONS
- -Workers' Compensation Commission
(WV Code Chapter 23)
Fund 0594 FY 2005 Org 0322
Unclassified - Total - Transfer 402 $ 5,000,000
Total TITLE II, Section 1-General Revenue $ 3,053,286,599
_____________
Sec. 2. Appropriations from state road fund.-From the state road fund there are hereby
appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter five-a
of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand
five.
DEPARTMENT OF TRANSPORTATION
- -Division of Motor Vehicles
(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)
Fund 9007 FY 2005 Org 0802
_______________________________________________________________
State
Road
Activity Fund
Personal Services 001 $ 13,022,017
Annual Increment 004 206,350
Employee Benefits 010 5,567,059
Unclassified 099 19,648,868
Jefferson County Regional Office 613 __________550,000
Total $ 38,994,294
- -Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2005 Org 0803
Debt Service 040 $ 50,000,000
Maintenance 237 249,700,000
Maintenance, Contract Paving and
Secondary Road Maintenance 272 50,000,000
Bridge Repair and Replacement 273 30,000,000
Inventory Revolving 275 2,000,000
Equipment Revolving 276 15,000,000
General Operations 277 46,500,000
Interstate Construction 278 70,000,000
Other Federal Aid Programs 279 300,700,000
Appalachian Programs 280 200,000,000
Nonfederal Aid Construction 281 25,000,000
Highway Litter Control 282 1,775,000
PSC Weight Enforcement 345 ________4,566,000
Total $ 1,045,241,000
The above appropriation for PSC Weight Enforcement (activity 345) shall be transferred to the
Public Service Commission Fund (fund 8623.
The above appropriations are to be expended in accordance with the provisions of chapters
seventeen and seventeen-c of the code.
The commissioner of highways shall have the authority to operate revolving funds within the
state road fund for the operation and purchase of various types of equipment used directly and
indirectly in the construction and maintenance of roads and for the purchase of inventories and
materials and supplies.
There is hereby appropriated within the above items sufficient money for the payment of claims,
accrued or arising during this budgetary period, to be paid in accordance with sections seventeen and
eighteen, article two, chapter fourteen of the code.
It is the intent of the Legislature to capture and match all federal funds available for expenditure
on the Appalachian highway system at the earliest possible time. Therefore, should amounts in
excess of those appropriated be required for the purposes of Appalachian programs, funds in excess of
the amount appropriated may be made available upon recommendation of the commissioner and
approval of the governor. Further, for the purpose of Appalachian programs, funds appropriated to
line items may be transferred to other line items upon recommendation of the commissioner and
approval of the governor.
Total TITLE II, Section 2-State Road Fund $ 1,084,235,294
_____________Sec. 3. Appropriations from other funds.-From the funds designated there are hereby
appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter five-a
of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand
five.
LEGISLATIVE
- -Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 1731 FY 2005 Org 2300
____________ Other
Activity Funds
Personal Services 001 $ 214,000
Annual Increment 004 5,000
Employee Benefits 010 73,500
Unclassified 099 51,000
Economic Loss Claim Payment Fund (R) 334 ________2,921,500
Total $ 3,265,000
Any unexpended balance remaining in the appropriation for Economic Loss Claim Payment
Fund (fund 1731, activity 334) at the close of the fiscal year 2004 is hereby reappropriated for
expenditure during the fiscal year 2005.
- -Tax Reduction and Federal Funding
Increased Compliance
(WV Code Chapter 4)
Fund 1732 FY 2005 Org 2300
Unclassified-Total-
Transfer 402 $ -0-
From the above appropriation for Unclassified-Total-Transfer a total of $6,624,593.38 shall
be transferred to the general revenue fund.
EXECUTIVE
- -Chief Technology Officer Administration Fund
(WV Code Chapter 5)
Fund 1028 FY 2005 Org 0100
Unclassified 099 $ 1,872,961
EPSCoR Undergraduate Scientific
Instrumentation Program 829 ________150,000
Total $ 2,022,961
- -Auditor's Office-
Land Operating Fund
(WV Code Chapters 11A, 12 and 36)
Fund 1206 FY 2005 Org 1200
Personal Services 001 $ 209,629
Annual Increment 004 7,500
Employee Benefits 010 67,081
Unclassified 099 ________395,416
Total $ 679,626
There is hereby appropriated from this fund, in addition to the above appropriation, the necessary
amount for the expenditure of funds other than personal services or employee benefits to enable the
division to pay the direct expenses relating to land sales as provided in Chapter eleven-a of the West
Virginia Code.
The total amount of this appropriation shall be paid from the special revenue fund out of fees and
collections as provided by law.
- -Auditor's Office-
Securities Regulation Fund
(WV Code Chapter 32)
Fund 1225 FY 2005 Org 1200
Personal Services 001 $ 1,011,298
Annual Increment 004 8,700
Employee Benefits 010 332,940
Unclassified 099 ________1,168,017
Total $ 2,520,955
- -Auditor's Office-
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1233 FY 2005 Org 1200
Unclassified-Total 096 $ 747,368
Fifty percent of the deposits made into this fund shall be transferred to the Treasurer's Office-
Technology Support and Acquisition(fund 1329, org 1300) for expenditure for the purposes described in West Virginia Code § 12-3-10c.
- -Auditor's Office-
Purchasing Card Administration Fund
(WV Code Chapter 12)
Fund 1234 FY 2005 Org 1200
Unclassified-Total 096 $ 600,000
- -Auditor's Office-
Office of the Chief Inspector
(WV Code Chapter 6)
Fund 1235 FY 2005 Org 1200
Personal Services 001 $ 1,769,646
Annual Increment 004 30,000
Employee Benefits 010 568,489
Unclassified 099 ________431,865
Total $ 2,800,000
- -Treasurer's Office-
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1329 FY 2005 Org 1300
Unclassified-Total 096 $ 475,000
- -Department of Agriculture
-
Agriculture Fees Fund
(WV Code Chapter 19)
Fund 1401 FY 2005 Org 1400
Personal Services 001 $ 936,844
Annual Increment 004 10,550
Employee Benefits 010 317,340
Unclassified 099 ________1,313,366
Total $ 2,578,100
- -Department of Agriculture-
West Virginia Rural Rehabilitation Program
(WV Code Chapter 19)
Fund 1408 FY 2005 Org 1400
Personal Services 001 $ 50,304
Annual Increment 004 800
Employee Benefits 010 14,128
Unclassified 099 ________476,306
Total $ 541,538
- -Department of Agriculture-
General John McCausland Memorial Farm
(WV Code Chapter 19)
Fund 1409 FY 2005 Org 1400
Unclassified-Total 096 $ 80,133
The above appropriation shall be expended in accordance with article twenty-six, chapter
nineteen of the code.
- -Department of Agriculture-
Farm Operating Fund
(WV Code Chapter 19)
Fund 1412 FY 2005 Org 1400
Unclassified-Total 096 $ 1,028,903
- -Department of Agriculture-
Donated Food Fund
(WV Code Chapter 19)
Fund 1446 FY 2005 Org 1400
Unclassified-Total 096 $ 3,040,000
- -Attorney General-
Antitrust Enforcement
(WV Code Chapter 47)
Fund 1507 FY 2005 Org 1500
Personal Services 001 $ 216,640
Annual Increment 004 1,650
Employee Benefits 010 70,081
Unclassified 099 ________178,285
Total $ 466,656
- -Attorney General-
Preneed Funeral Regulation Fund
(WV Code Chapter 47)
Fund 1513 FY 2005 Org 1500
Unclassified-Total 096 $ 227,284
- -Attorney General-
Preneed Funeral Guarantee Fund
(WV Code Chapter 47)
Fund 1514 FY 2005 Org 1500
Unclassified-Total 096 $ 775,000
- -Secretary of State-
Service Fees and Collection Account
(WV Code Chapters 3, 5, and 59)
Fund 1612 FY 2005 Org 1600
Personal Services 001 $ 968,032
Annual Increment 004 9,950
Employee Benefits 010 237,600
Unclassified 099 ________1,138,431
Total $ 2,354,013
- -Secretary of State-
State Election Fund
(WV Code Chapter 3)
Fund 1614 FY 2005 Org 1600
Any unexpended balance remaining in the appropriation for Unclassified - Total (fund 1614, activity
096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year
2005.
DEPARTMENT OF ADMINISTRATION
- -Office of the Secretary-
Tobacco Settlement Fund
(WV Code Chapter 4)
Fund 2041 FY 2005 Org 0201
Tobacco Settlement Fund-Transfer 902 $ 25,400,000
The above appropriation for Tobacco Settlement Fund-Transfer shall be transferred to the
Division of Health (fund 5124, org 0506) for expenditure.
- -Division of Information Services
and Communications
(WV Code Chapter 5A)
Fund 2220 FY 2005 Org 0210
Personal Services 001 $ 10,327,242
Annual Increment 004 132,300
Employee Benefits 010 3,334,251
Unclassified 099 ________6,571,771
Total $ 20,365,564
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the division of information services and communications as provided by law.
There is hereby appropriated from this fund, in addition to the above appropriation, the necessary
amount for the expenditure of funds other than personal services or employee benefits to enable the
division to provide information processing services to user agencies. These services include, but are
not limited to, data processing equipment, office automation and telecommunications.
Each spending unit operating from the general revenue fund, from special revenue funds or
receiving reimbursement for postage from the federal government shall be charged monthly for all
postage meter service and shall reimburse the revolving fund monthly for all such amounts.
- -Division of Personnel
(WV Code Chapter 29)
Fund 2440 FY 2005 Org 0222
Personal Services 001 $ 2,586,137
Annual Increment 004 54,850
Employee Benefits 010 851,083
Unclassified 099 ________872,975
Total $ 4,365,045
The total amount of this appropriation shall be paid from a special revenue fund out of fees
collected by the division of personnel.
- -WV Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 2521 FY 2005 Org 0228
Unclassified-Total (R) 096 $ 574,113
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 2521,
activity 096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005, except for fund 2521, activity 096 (fiscal years 2002 and 2003) which shall expire on
June 30, 2004.
DEPARTMENT OF EDUCATION
- -State Board of Education-
Strategic Staff Development
(WV Code Chapter 18)
Fund 3937 FY 2005 Org 0402
Unclassified-Total (R) 096 $ 505,000
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3937,
activity 096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- -State Department of Education-
School Building Authority
(WV Code Chapter 18)
Fund 3959 FY 2005 Org 0402
Personal Services 001 $ 661,719
Annual Increment 004 7,350
Employee Benefits 010 230,170
Unclassified 099 ________264,099
Total $ 1,163,338
The above appropriation for the administrative expenses of the school building authority shall be
paid from the interest earnings on debt service reserve accounts maintained on behalf of said
authority.
- -State Department of Education-
FFA-FHA Camp and Conference Center
(WV Code Chapter 18)
Fund 3960 FY 2005 Org 0402
Personal Services 001 $ 800,000
Annual Increment 004 12,800
Employee Benefits 010 280,693
Unclassified 099 ________906,507
Total $ 2,000,000
DEPARTMENT OF EDUCATION AND THE ARTS
- -Office of the Secretary-
Lottery Education Fund Interest Earnings-
Control Account
(WV Code Chapter 29)
Fund 3508 FY 2005 Org 0431
EPSCoR - Total 651 $ 300,000
Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 3508,
activity 096), Research Challenge (fund 3508, activity 502) and EPSCoR (fund 3508, activity 571) at
the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005.
- -Division of Culture and History-
Public Records and Preservation Revenue Fund
(WV Code Chapter 5A)
Fund 3542 FY 2005 Org 0432
Unclassified-Total 096 $ 500,000
- -State Board of Rehabilitation-
Division of Rehabilitation Services-
West Virginia Rehabilitation Center-
Special Account
(WV Code Chapter 18)
Fund 8664 FY 2005 Org 0932
Unclassified 099 $ 2,802,182
Workshop Development 163 450,000
Workshop-Supported Employment 484 ________50,000
Total $ 3,302,182
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- -Board of Barbers and Cosmetologists
(WV Code Chapters 16 and 30)
Fund 5425 FY 2005 Org 0505
Personal Services 001 $ 235,246
Annual Increment 004 4,861
Employee Benefits 010 96,500
Unclassified 099 ________107,591
Total $ 444,198
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the board of barbers and cosmetologists as provided by law.
- -WV Board of Medicine
(WV Code Chapter 30)
Fund 5106 FY 2005 Org 0506
Unclassified-Total 096 $ 1,170,080
- -Division of Health-
Tobacco Settlement Expenditure Fund
(WV Code Chapter 4)
Fund 5124 FY 2005 Org 0506
ABCA Tobacco Retailer Education
Program-Transfer 239 $ 200,000
Institutional Facilities
Operations (R) 335 19,549,408
Tobacco Education Program (R) 906 ________5,650,592
Total $ 25,400,000
Any unexpended balances remaining in the above appropriations for Institutional Facilities
Operations (fund 5124, activity 335) and Tobacco Education Program (fund 5124, activity 906) at the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005.
From the above appropriation for ABCA Tobacco Retailer Education Program-Transfer,
$200,000 shall be transferred to the Alcohol Beverage Control Administration (fund 7352, org 0708)
for expenditure.
The secretary of the department of health and human resources, prior to the beginning of the
fiscal year, shall file with the legislative auditor and the department of revenue an expenditure
schedule for each formerly separate spending unit which has been consolidated into the above account
and which receives a portion of the above appropriation for Institutional Facilities Operations. The
secretary shall also, within fifteen days after the close of the six-month period of said fiscal year, file
with the legislative auditor and the department of revenue an itemized report of expenditures made
during the preceding six-month period.
Additional funds have been appropriated in fund 0525, fiscal year 2005, organization 0506, and
fund 5156, fiscal year 2005, organization 0506, for the operation of the institutional facilities. The
secretary of the department of health and human resources is authorized to utilize up to ten percent of
the funds from the Institutional Facilities Operations line item to facilitate cost effective and cost
saving services at the community level.
From the above appropriation to Institutional Facilities Operations, together with available funds
from the division of health-hospital services revenue account (fund 5156, activity 335) and
consolidated medical services fund (fund 0525, activity 335), on July 1, 2004, the sum of one hundred
sixty thousand dollars shall be transferred to the department of agriculture-land division as advance
payment for the purchase of food products; actual payments for such purchases shall not be required
until such credits have been completely expended.
- -Division of Health-
Vital Statistics
(WV Code Chapter 16)
Fund 5144 FY 2005 Org 0506
Personal Services 001 $ 263,211
Annual Increment 004 8,553
Employee Benefits 010 113,319
Unclassified. 099 ________100,354
Total $ 485,437
- -Division of Health-
Hospital Services Revenue Account
(Special Fund)
(Capital Improvement, Renovation and Operations)
(WV Code Chapter 16)
Fund 5156 FY 2005 Org 0506
Debt Service (R) 040 $ 2,420,000
Institutional Facilities
Operations (R) 335 38,671,470
Medical Services Trust Fund-
Transfer (R) 512 ________23,300,000
Total $ 64,391,470
Any unexpended balance remaining in the appropriation for hospital services revenue account at
the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005,
except for fund 5156, activity 040 (fiscal year 2003) which shall expire on June 30, 2004.
The total amount of this appropriation shall be paid from the hospital services revenue account
special fund created by section fifteen-a, article one, chapter sixteen of the code, and shall be used for
operating expenses and for improvements in connection with existing facilities and bond payments.
The secretary of the department of health and human resources is authorized to utilize up to ten
percent of the funds from the appropriation for Institutional Facilities Operations line to facilitate cost
effective and cost saving services at the community level.
Necessary funds from the above appropriation may be used for medical facilities operations,
either in connection with this account or in connection with the line item designated Institutional Facilities Operations in the consolidated medical service fund (fund 0525, fiscal year 2005,
organization 0506) and the tobacco settlement expenditure fund (fund 5124, fiscal year 2005,
organization 0506).
From the above appropriation to Institutional Facilities Operations, together with available funds
from the consolidated medical services fund (fund 0525, activity 335) and the tobacco settlement
expenditure fund (fund 5124, activity 335), on July 1, 2004, the sum of one hundred sixty thousand
dollars shall be transferred to the department of agriculture-land division as advance payment for the
purchase of food products; actual payments for such purchases shall not be required until such credits
have been completely expended.
- -Division of Health-
Laboratory Services
(WV Code Chapter 16)
Fund 5163 FY 2005 Org 0506
Personal Services 001 $ 502,830
Annual Increment 004 10,310
Employee Benefits 010 198,208
Unclassified 099 ________125,448
Total $ 836,796
- -Division of Health-
Health Facility Licensing
(WV Code Chapter 16)
Fund 5172 FY 2005 Org 0506
Personal Services 001 $ 201,430
Annual Increment 004 3,000
Employee Benefits 010 72,220
Unclassified 099 ________96,362
Total $ 373,012
- -Division of Health-
Hepatitis B Vaccine
(WV Code Chapter 16)
Fund 5183 FY 2005 Org 0506
Personal Services 001 $ 56,071
Annual Increment 004 1,380
Employee Benefits 010 20,574
Unclassified. 099 ________2,996,821
Total $ 3,074,846
- -Division of Health-
Lead Abatement Fund
(WV Code Chapter 16)
Fund 5204 FY 2005 Org 0506
Unclassified-Total 096 $ 20,000
- -Division of Health-
West Virginia Birth to Three Fund
(WV Code Chapter 16)
Fund 5214 FY 2005 Org 0506
Personal Services 001 $ 500,000
Annual Increment 004 4,000
Employee Benefits 010 192,276
Unclassified 099 ________20,303,724
Total $ 21,000,000
- -West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 5375 FY 2005 Org 0507
Personal Services 001 $ 2,010,764
Annual Increment 004 22,500
Employee Benefits 010 601,545
Hospital Assistance 025 600,000
Unclassified 099 ________3,346,482
Total $ 6,581,291
The above appropriation is to be expended in accordance with and pursuant to the provisions of
article twenty-nine-b, chapter sixteen of the code and from the special revolving fund designated
health care cost review fund.
- -Division of Human Services-
Health Care Provider Tax
(WV Code Chapter 11)
Fund 5090 FY 2005 Org 0511
Unclassified-Total 096 $ 144,535,538
From the above appropriation, an amount not to exceed two hundred thousand dollars shall be
transferred to a special revenue account in the treasury for use by the department of health and human
resources for administrative purposes. The remainder of all moneys deposited in the fund shall be
transferred to the West Virginia medical services fund.
- -Division of Human Services-
Child Support Enforcement
(WV Code Chapter 48A)
Fund 5094 FY 2005 Org 0511
Unclassified-Total (R) 096 $ 30,781,971
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 5094,
activity 096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- -Division of Human Services-
Medical Services Trust Fund
(WV Code Chapter 9)
Fund 5185 FY 2005 Org 0511
Unclassified 099 $ 27,877,927
Eligibility Expansion 582 1,958,066
Public Employees Insurance Reserve Fund-
Transfer 903 ________7,000,000
Total $ 36,835,993
The above appropriation to Unclassified shall be used to provide state match of Medicaid
expenditures as defined and authorized in subsection (c) of Chapter 9-4A-2a. Expenditures from the
fund are limited to the following: payment of backlogged billings, funding for services to future
federally mandated population groups and payment of the required state match for medicaid
disproportionate share payments. The remainder of all moneys deposited in the fund shall be
transferred to the division of human services accounts.
From the above appropriation, Public Employees Insurance Reserve Fund-Transfer, $1,000,000
shall be expended for the Sole Community Hospitals and Medicare Dependent Hospitals who have
under 100 beds. These funds shall be used as additional state match to establish cost based
reimbursement.
- -Division of Human Services-
James "Tiger" Morton Catastrophic Illness Fund
(WV Code Chapter 16)
Fund 5454 FY 2005 Org 0511
Unclassified-Total 096 $ 1,700,000
- -Family Protection Services Board-
Domestic Violence Legal Services Fund
(WV Code Chapter 48)
Fund 5455 FY 2005 Org 0511
Unclassified-Total 096 $ 622,245
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
- -Department of Military Affairs and Public Safety-
Office of the Secretary-
Law-Enforcement, Safety and
Emergency Worker Funeral
Expense Payment Fund
(WV Code Chapter 15)
Fund 6003 FY 2005 Org 0601
Unclassified-Total 096 $ 20,000
- -State Armory Board-
General Armory Fund
(WV Code Chapter 15)
Fund 6057 FY 2005 Org 0603
Unclassified-Total 096 $ 480,000
- -West Virginia Division of Corrections-
Parolee Supervision Fees
(WV Code Chapter 62)
Fund 6362 FY 2005 Org 0608
Personal Services 001 $ 116,774
Annual Increment 004 1,651
Employee Benefits 010 52,130
Unclassified 099 ________234,989
Total $ 405,544
- -West Virginia State Police-
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)
Fund 6501 FY 2005 Org 0612
Personal Services 001 $ 1,112,117
Annual Increment 004 12,650
Employee Benefits 010 380,623
Unclassified 099 491,797
BRIM Premium 913 ________247,888
Total $ 2,245,075
The total amount of this appropriation shall be paid from the special revenue fund out of fees
collected for inspection stickers as provided by law.
- -West Virginia State Police-
Drunk Driving Prevention Fund
(WV Code Chapter 15)
Fund 6513 FY 2005 Org 0612
Unclassified 099 $ 1,156,317
BRIM Premium 913 ________126,595
Total $ 1,282,912
The total amount of this appropriation shall be paid from the special revenue fund out of receipts
collected pursuant to sections nine-a and sixteen, article fifteen, chapter eleven of the code and paid
into a revolving fund account in the state treasury.
- -West Virginia State Police-
Surplus Real Property Proceeds Fund
(WV Code Chapter 15)
Fund 6516 FY 2005 Org 0612
Unclassified 099 $ 454,475
BRIM Premium 913 ________63,294
Total $ 517,769
Contingent upon the purchase of property vacated by Shawnee Hills, Inc. and the reimbursement
of funding from the Regional Jail and Correctional Facility Authority for the cost and acquisition of the same property, from the cash balance available, the amount of $1,200,000 may be transferred to
Fund 6519, fiscal year 2005, organization 0612, as reimbursement for funds transferred by the
legislative action during fiscal year 2003.
- -West Virginia State Police-
Surplus Transfer Account
(WV Code Chapter 15)
Fund 6519 FY 2005 Org 0612
Unclassified (R) 099 $ 339,774
BRIM Premium 913 __44,312
Total $ 384,086
Any unexpended balance remaining in the appropriation for Unclassified (fund 6519, activity
099) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year
2005.
- -West Virginia State Police-
Central Abuse Registry Fund
(WV Code Chapter 15)
Fund 6527 FY 2005 Org 0612
Unclassified 099 $ 204,989
BRIM Premium 913 ________15,182
Total $ 220,171
- -West Virginia State Police-
Bail Bond Enforcer Fund
(WV Code Chapter 15)
Fund 6532 FY 2005 Org 0612
Unclassified-Total 096 $ 3,500
- -Division of Veterans' Affairs-
Veterans' Facilities Support Fund
(WV Code Chapter 19A)
Fund 6703 FY 2005 Org 0613
Unclassified-Total 096 $ 3,100,000
- -Regional Jail and Correctional
Facility Authority
(WV Code Chapter 31)
Fund 6675 FY 2005 Org 0615
Personal Services 001 $ 1,213,846
Annual Increment 004 16,550
Employee Benefits 010 406,374
Debt Service 040 9,000,000
Unclassified 099 ________672,230
Total $ 11,309,000
The Legislature reasonably expects the West Virginia Regional Jail and Correctional Facility
Authority to reimburse the West Virginia State Police for the cost of the acquisition of the
approximate 32 acres and three buildings situated along Academy Drive, Institute, West Virginia, and
abutting the West Virginia State Police Academy from proceeds of bonds issued by the West Virginia
Economic Development Authority on behalf of the West Virginia Regional Jail and Correctional
Facility Authority, anticipated to be issued during fiscal year 2005. The source of original payment
for the land acquisition was fund 6516, organization 0612 and upon issuance of the bonds, proceeds
thereof not to exceed the amount of such capital expenditures will be applied to reimbursement of
fund 6516, organization 0612 from the appropriate account(s) or fund(s) from the West Virginia
Regional Jail and Correctional Facility Authority or its trustee. The maximum amount of such
reimbursement is $1,500,000 and the maximum principal amount of bonds to be issued for design,
acquisition, construction, and equipping of the Regional Jail and Economic Development Authority
Projects is $50,000,000.
- -Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 19A)
Fund 6754 FY 2005 Org 0618
Unclassified-Total 096 $ 466,000
- -Fire Commission-
Fire Marshal Fees
(WV Code Chapter 29)
Fund 6152 FY 2005 Org 0619
Personal Services 001 $ 1,900,000
Annual Increment 004 18,000
Employee Benefits 010 672,000
Unclassified 099 644,722
BRIM Premium 913 ________50,000
Total $ 3,284,722
Any unexpended cash balance remaining in fund 6152 at the close of the fiscal year 2004 is
hereby available for expenditure as part of the fiscal year 2005 appropriation.
- -Division of Criminal Justice Services-
WV Community Corrections Fund
(WV Code Chapter 62)
Fund 6386 FY 2005 Org 0620
Unclassified-Total 096 $ 2,000,000
- -Criminal Justice Services-
Court Security Fund
(Executive Order)
Fund 6804 FY 2005 Org 0620
Unclassified-Total 096 $ 1,050,000
DEPARTMENT OF REVENUE
- -Division of Banking
(WV Code Chapter 31A)
Fund 3041 FY 2005 Org 0303
Personal Services 001 $ 1,537,881
Annual Increment 004 14,000
Employee Benefits 010 430,695
Unclassified 099 ________680,988
Total $ 2,663,564
- -Tax Division-
Cemetery Company Account
(WV Code Chapter 35)
Fund 7071 FY 2005 Org 0702
Personal Services 001 $ 17,274
Annual Increment 004 150
Employee Benefits 010 5,870
Unclassified 099 ________9,633
Total $ 32,927
- -Tax Division-
Special Audit and Investigative Unit
(WV Code Chapter 11)
Fund 7073 FY 2005 Org 0702
Personal Services 001 $ 830,304
Annual Increment 004 17,500
Employee Benefits 010 308,900
Unclassified 099 ________322,186
Total $ 1,478,890
- -State Budget Office
-
Public Employees Insurance Reserve Fund
(WV Code Chapter 11B)
Fund 7400 FY 2005 Org 0703
Public Employees Insurance Reserve
Fund - Transfer 903 $ 7,000,000
The above appropriation for Public Employees Insurance Reserve Fund - Transfer shall be
transferred to the Medical Services Trust Fund (fund 5185, org 0511) for expenditure.
- -Insurance Commissioner-
Examination Revolving Fund
(WV Code Chapter 33)
Fund 7150 FY 2005 Org 0704
Personal Services 001 $ 556,330
Annual Increment 004 3,000
Employee Benefits 010 152,738
Unclassified 099 ________487,742
Total $ 1,199,810
- -Insurance Commissioner-
Consumer Advocate
(WV Code Chapter 33)
Fund 7151 FY 2005 Org 0704
Personal Services 001 $ 331,028
Annual Increment 004 4,050
Employee Benefits 010 92,344
Unclassified 099 ________103,149
Total $ 530,571
- -Insurance Commissioner
(WV Code Chapter 33)
Fund 7152 FY 2005 Org 0704
Personal Services 001 $ 2,996,953
Annual Increment 004 42,000
Employee Benefits 010 977,860
Unclassified 099 ________1,338,194
Total $ 5,355,007
The total amount of this appropriation shall be paid from a special revenue fund out of
collections of fees and charges as provided by law.
- -Racing Commission-
Relief Fund
(WV Code Chapter 19)
Fund 7300 FY 2005 Org 0707
Medical Expenses-Total 245 $ 57,000
The total amount of this appropriation shall be paid from the special revenue fund out of
collections of license fees and fines as provided by law.
No expenditures shall be made from this account except for hospitalization, medical care and/or
funeral expenses for persons contributing to this fund.
- -Racing Commission-
Administration and Promotion
(WV Code Chapter 19)
Fund 7304 FY 2005 Org 0707
Personal Services 001 $ 66,444
Annual Increment 004 1,000
Employee Benefits 010 24,152
Unclassified 099 ________47,358
Total $ 138,954
- -Racing Commission-
General Administration
(WV Code Chapter 19)
Fund 7305 FY 2005 Org 0707
Personal Services 001 $ 1,770,000
Annual Increment 004 20,250
Employee Benefits 010 459,000
Unclassified 099 ________533,796
Total $ 2,783,046
- -Racing Commission
-
Administration, Promotion and Education Fund
(WV Code Chapter 19)
Fund 7307 FY 2005 Org 0707
Unclassified-Total 096 $ 65,000
- -Alcohol Beverage Control Administration
-
Wine License Special Fund
(WV Code Chapter 60)
Fund 7351 FY 2005 Org 0708
Personal Services 001 $ 224,718
Annual Increment 004 4,000
Employee Benefits 010 88,780
Unclassified 099 ________145,292
Total $ 462,790
To the extent permitted by law, four classified exempt positions shall be provided from Personal
Services line item for field auditors.
- -Alcohol Beverage Control Administration
(WV Code Chapter 60)
Fund 7352 FY 2005 Org 0708
Personal Services 001 $ 3,585,014
Annual Increment 004 79,000
Employee Benefits 010 1,341,893
Unclassified (R) 099 ________1,855,070
Total $ 6,860,977
Any unexpended balance remaining in Unclassified (fund 7352, activity 099) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005.
From the above appropriation an amount of $500,000 shall be used for the Tobacco/Alcohol
Education Program.
The total amount of this appropriation shall be paid from a special revenue fund out of liquor
revenues.
The above appropriation includes the salary of the commissioner and the salaries, expenses and
equipment of administrative offices, warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to the above appropriation, the
necessary amount for the purchase of liquor as provided by law.
DEPARTMENT OF TRANSPORTATION
- -Division of Motor Vehicles
-
Driver's License Reinstatement Fund
(WV Code Chapter 17B)
Fund 8213 FY 2005 Org 0802
Personal Services 001 $ 439,810
Annual Increment 004 6,500
Employee Benefits 010 202,704
Unclassified 099 ________276,708
Total $ 925,722
- -Division of Motor Vehicles
-
Driver Rehabilitation
(WV Code Chapter 17C)
Fund 8214 FY 2005 Org 0802
Unclassified-Total 096 $ 182,194
- -Division of Motor Vehicles
-
Insurance Certificate Fees
(WV Code Chapter 20)
Fund 8215 FY 2005 Org 0802
Personal Services 001 $ 621,000
Annual Increment 004 15,850
Employee Benefits 010 275,533
Unclassified 099 ________31,078
Total $ 943,461
- -Division of Motor Vehicles
-
Motorboat Licenses
(WV Code Chapter 20)
Fund 8216 FY 2005 Org 0802
Unclassified-Total 096 $ 397,704
- -Division of Motor Vehicles
-
Returned Check Fees
(WV Code Chapter 17)
Fund 8217 FY 2005 Org 0802
Unclassified-Total 096 $ 16,000
- -Division of Motor Vehicles
-
Dealer Recovery Fund
(WV Code Chapter 17)
Fund 8220 FY 2005 Org 0802
Unclassified-Total 096 $ 200,000
- -Division of Highways-
A. James Manchin Fund
(WV Code Chapter 17)
Fund 8319 FY 2005 Org 0803
Unclassified-Total 096 $ 3,625,000
BUREAU OF COMMERCE
- -Division of Forestry
(WV Code Chapter 19)
Fund 3081 FY 2005 Org 0305
Personal Services 001 $ 343,845
Annual Increment 004 7,250
Employee Benefits 010 146,854
Unclassified 099 ________452,519
Total $ 950,468
- -Division of Forestry
-
Timberland Enforcement Operations
(WV Code Chapter 19)
Fund 3082 FY 2005 Org 0305
Unclassified-Total 096 $ 150,000
- -Division of Forestry
-
Severance Tax Operations
(WV Code Chapter 11)
Fund 3084 FY 2005 Org 0305
Unclassified-Total 096 $ 2,953,665
- -Geological and Economic Survey
(WV Code Chapter 29)
Fund 3100 FY 2005 Org 0306
Personal Services 001 $ 42,818
Annual Increment 004 406
Employee Benefits 010 7,683
Unclassified 099 ________177,249
Total $ 228,156
The above appropriation shall be used in accordance with section four, article two, chapter
twenty-nine of the code.
- -West Virginia Development Office-
Energy Assistance
(WV Code Chapter 5B)
Fund 3144 FY 2005 Org 0307
Any unexpended balance remaining in the appropriation for Energy Assistance-Total (fund 3144,
activity 647) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- -West Virginia Development Office-
Office of Coal Field Community Development
(WV Code Chapter 5B)
Fund 3162 FY 2005 Org 0307
Unclassified-Total (R) 096 $ 730,000
Any unexpended balance remaining in the above appropriation for Unclassified-Total (fund
3162, activity 096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during
the fiscal year 2005.
- -Division of Labor
-
Contractor Licensing Board Fund
(WV Code Chapter 21)
Fund 3187 FY 2005 Org 0308
Personal Services 001 $ 940,540
Annual Increment 004 13,090
Employee Benefits 010 395,070
Unclassified 099 ________542,986
Total $ 1,891,686
- -Division of Labor
-
Elevator Safety Act
(WV Code Chapter 21)
Fund 3188 FY 2005 Org 0308
Personal Services 001 $ 162,700
Annual Increment 004 1,723
Employee Benefits 010 68,067
Unclassified 099 ________83,571
Total $ 316,061
- -Division of Labor-
Crane Operator Certification Fund
(WV Code Chapter 21)
Fund 3191 FY 2005 Org 0308
Unclassified-Total 096 $ 115,031
- -Division of Labor-
Amusement Rides/Amusement Attraction Safety Fund
(WV Code Chapter 21)
Fund 3192 FY 2005 Org 0308
Unclassified-Total 096 $ 101,135
- -Division of Natural Resources
(WV Code Chapter 20)
Fund 3200 FY 2005 Org 0310
Wildlife Resources 023 $ 6,074,534
Administration 155 1,656,690
Capital Improvements and
Land Purchase (R) 248 1,260,000
Radio System-Law Enforcement 058 265,000
Law Enforcement 806 ________6,074,534
Total $ 15,330,758
The total amount of this appropriation shall be paid from a special revenue fund out of fees
collected by the division of natural resources.
Any unexpended balances remaining in the appropriations for Point of Sale Licensing System
(fund 3200, activity 043) and Capital Improvements and Land Purchase (fund 3200, activity 248) at
the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005.
- -Division of Natural Resources
-
Game, Fish and Aquatic Life Fund
(WV Code Chapter 20)
Fund 3202 FY 2005 Org 0310
Unclassified-Total 096 $ 20,000
- -Division of Natural Resources-
Nongame Fund
(WV Code Chapter 20)
Fund 3203 FY 2005 Org 0310
Personal Services 001 $ 237,855
Annual Increment 004 1,700
Employee Benefits 010 83,470
Unclassified 099 ________293,727
Total $ 616,752
- -Division of Natural Resources
-
Planning and Development Division
(WV Code Chapter 20)
Fund 3205 FY 2005 Org 0310
Personal Services 001 $ 234,568
Annual Increment 004 6,400
Employee Benefits 010 89,039
Unclassified 099 ________162,031
Total $ 492,038
- -Division of Natural Resources
-
Whitewater Study and Improvement Fund
(WV Code Chapter 20)
Fund 3253 FY 2005 Org 0310
Unclassified-Total 096 $ 185,000
- -Division of Natural Resources
-
Recycling Assistance Fund
(WV Code Chapter 20)
Fund 3254 FY 2005 Org 0310
Personal Services 001 $ 233,206
Annual Increment 004 3,255
Employee Benefits 010 107,520
Unclassified (R) 099 ________2,300,019
Total $ 2,644,000
Any unexpended balance remaining in the appropriation for Unclassified (fund 3254, activity
099) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year
2005.
- -Division of Natural Resources
-
Whitewater Advertising and Promotion Fund
(WV Code Chapter 20)
Fund 3256 FY 2005 Org 0310
Unclassified-Total 096 $ 20,000
- -Miners' Health, Safety and Training Fund
(WV Code Chapter 22A)
Fund 3355 FY 2005 Org 0314
Personal Services 001 $ 400,300
Employee Benefits 010 138,000
Unclassified 099 851,700
WV Mining Extension Service 026 ________ 150,000
Total $ 1,540,000
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- -Solid Waste Management Board
(WV Code Chapter 20)
Fund 3288 FY 2005 Org 0312
Personal Services 001 $ 631,515
Annual Increment 004 3,250
Employee Benefits 010 191,400
Unclassified 099 ________1,893,883
Total $ 2,720,048
- -Division of Environmental Protection
-
Hazardous Waste Management Fund
(WV Code Chapter 22)
Fund 3023 FY 2005 Org 0313
Unclassified - Total 096 $ 100,000
- -Division of Environmental Protection
-
Special Reclamation Trust Fund
(WV Code Chapter 22A)
Fund 3321 FY 2005 Org 0313
Personal Services 001 $ 1,190,610
Annual Increment 004 9,650
Employee Benefits 010 409,417
Unclassified 099 ________17,215,791
Total $ 18,825,468
- -Division of Environmental Protection
-
Oil and Gas Reclamation Trust
(WV Code Chapter 22B)
Fund 3322 FY 2005 Org 0313
Unclassified-Total 096 $ 200,000
- -Division of Environmental Protection-
Oil and Gas Operating Permits
(WV Code Chapter 22B)
Fund 3323 FY 2005 Org 0313
Personal Services 001 $ 326,253
Annual Increment 004 2,350
Employee Benefits 010 111,114
Unclassified 099 ________521,185
Total $ 960,902
- -Division of Environmental Protection-
Mining and Reclamation Operations Fund
(WV Code Chapter 22)
Fund 3324 FY 2005 Org 0313
Personal Services 001 $ 4,882,259
Annual Increment 004 57,153
Employee Benefits 010 1,580,684
Unclassified 099 ________1,936,218
Total $ 8,456,314
- -Division of Environmental Protection-
Underground Storage Tanks-
Administrative Fund
(WV Code Chapter 20)
Fund 3325 FY 2005 Org 0313
Personal Services 001 $ 326,988
Annual Increment 004 3,575
Employee Benefits 010 127,429
Unclassified 099 ________73,415
Total $ 531,407
- -Division of Environmental Protection
-
Hazardous Waste Emergency and Response Fund
(WV Code Chapter 20)
Fund 3331 FY 2005 Org 0313
Personal Services 001 $ 498,485
Annual Increment 004 7,775
Employee Benefits 010 177,428
Unclassified 099 ________940,408
Total $ 1,624,096
- -Division of Environmental Protection-
Solid Waste Reclamation and
Environmental Response Fund
(WV Code Chapter 20)
Fund 3332 FY 2005 Org 0313
Personal Services 001 $ 238,196
Annual Increment 004 1,900
Employee Benefits 010 73,084
Unclassified 099 __________1,008,156
Total $ 1,321,336
- -Division of Environmental Protection
-
Solid Waste Enforcement Fund
(WV Code Chapter 20)
Fund 3333 FY 2005 Org 0313
Personal Services 001 $ 1,596,773
Annual Increment 004 23,700
Employee Benefits 010 552,718
Unclassified 099 ________1,237,849
Total $ 3,411,040
- -Division of Environmental Protection
-
Fees and Operating Expenses
(WV Code Chapter 16)
Fund 3336 FY 2005 Org 0313
Personal Services 001 $ 3,780,910
Annual Increment 004 32,875
Employee Benefits 010 1,129,486
Unclassified 099 ________2,040,172
Total $ 6,983,443
- -Division of Environmental Protection-
Environmental Laboratory
Certification Fund
(WV Code Chapter 22)
Fund 3340 FY 2005 Org 0313
Personal Services 001 $ 128,772
Annual Increment 004 2,150
Employee Benefits 010 48,532
Unclassified 099 ________192,388
Total $ 371,842
- -Division of Environmental Protection-
Stream Restoration Fund
Fund 3349 FY 2005 Org 0313
Unclassified-Total 096 $ 1,000,000
- -Division of Environmental Protection-
Mountaintop Removal Fund
(WV Code Chapter 22)
Fund 3490 FY 2005 Org 0313
Unclassified-Total 096 $ 1,415,856
- -Oil and Gas Conservation Commission
(WV Code Chapter 22)
Fund 3371 FY 2005 Org 0315
Personal Services 001 $ 154,869
Annual Increment 004 2,000
Employee Benefits 010 32,226
Unclassified 099 ________45,862
Total $ 234,957
HIGHER EDUCATION POLICY COMMISSION
- -Higher Education Policy Commission-
System-
Registration Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4902 FY 2005 Org 0442
Debt Service (R) 040 $ 4,822,241
General Capital Expenditures (R) 306 ________500,000
Total $ 5,322,241
Any unexpended balances remaining in the appropriations at the close of fiscal year 2004 are
hereby reappropriated for expenditure during the fiscal year 2005 with the exception of fund 4902,
fiscal year 1987, activity 338 which shall expire on June 30, 2004.
The total amount of this appropriation shall be paid from the special capital improvement fund
created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash
basis and made available from the date of passage.
The above appropriations, except for debt service, may be transferred to special revenue funds
for capital improvement projects at the institutions.
- -Higher Education Policy Commission-
System-
Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4903 FY 2005 Org 0442
Debt Service (R) 040 $ 13,774,581
General Capital Expenditures (R) 306 500,000
Facilities Planning
and Administration (R) 386 ________387,975
Total $ 14,662,556
Any unexpended balances remaining in the appropriations at the close of fiscal year 2004 are
hereby reappropriated for expenditure during the fiscal year 2005 with the exception of fund 4903, fiscal year 2002, activity 040, fund 4903, fiscal year 1991, activity 259, fund 4903, fiscal year 2000,
activity 259, fund 4903, fiscal year 1985, activity 353, and fund 4903, fiscal year 1993, activity 457
which shall expire on June 30, 2004.
The total amount of this appropriation shall be paid from the special capital improvement fund
created in article twelve-b, chapter eighteen of the code. Projects are to be paid on a cash basis and
made available from the date of passage.
The above appropriations, except for debt service, may be transferred to special revenue funds
for capital improvement projects at the institutions.
- -Higher Education Policy Commission-
1977 State System Registration Fee Refund Revenue Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4905 FY 2005 Org 0442
Capital Outlay - Total 321 $ 10,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2004 is
hereby reappropriated for expenditure during the fiscal year 2005.
The appropriation shall be paid from available unexpended cash balances and interest earnings
accruing to the fund. The appropriation shall be expended at the discretion of the Higher Education
Policy Commission and the funds may be allocated to any institution within the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of revenue
bonds previously issued pursuant to section eight, article ten, chapter eighteen-b of the code, which
have since been refunded.
- -Higher Education Policy Commission-
Tuition Fee Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4906 FY 2005 Org 0442
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2004 is
hereby reappropriated for expenditure during the fiscal year 2005, with the exception of fund 4906, fiscal year 2000, activity 511 which shall expire on June 30, 2004.
The appropriation shall be paid from available unexpended cash balances and interest earnings
accruing to the fund. The appropriation shall be expended at the discretion of the Higher Education
Policy Commission and the funds may be allocated to any institution within the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of revenue
bonds previously issued pursuant to section eight, article twelve-b, chapter eighteen of the code,
which have since been refunded.
- -Health Sciences-
West Virginia University Health Sciences Center
(WV Code Chapters 18 and 18B)
Fund 4179 FY 2005 Org 0463
Unclassified-Total (R) 096 $ 15,359,466
Any unexpended balance remaining in the appropriation for the West Virginia University Health
Sciences Center at the close of fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- -Higher Education Policy Commission-
Fairmont State College
(WV Code Chapters 18 and 18B)
Fund 4457 FY 2005 Org 0484
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2004 is
hereby reappropriated for expenditure during the fiscal year 2005.
MISCELLANEOUS BOARDS AND COMMISSIONS
- -Workers' Compensation Fund
(WV Code Chapter 23)
Fund 3440 FY 2005 Org 0322
Personal Services 001 $ 31,400,673
Annual Increment 004 501,653
Employee Benefits 010 11,825,710
Unclassified (R) 099 22,531,695
Employer Excess Liability Fund. 226 ________117,197
Total $ 66,376,928
Any unexpended balances remaining in the appropriations for Unclassified (fund 3440, activity
099) and Technology Improvements (fund 3440, activity 599) at the close of the fiscal year 2004 are
hereby reappropriated for expenditure during the fiscal year 2005.
- -Hospital Finance Authority
(WV Code Chapter 16)
Fund 5475 FY 2005 Org 0509
Personal Services 001 $ 46,024
Annual Increment 004 700
Employee Benefits 010 16,663
Unclassified. 099 ________36,613
Total $ 100,000
The total amount of this appropriation shall be paid from the special revenue fund out of fees and
collections as provided by article twenty-nine-a, chapter sixteen of the code.
- -Municipal Bond Commission
(WV Code Chapter 13)
Fund 7253 FY 2005 Org 0706
Personal Services 001 $ 161,262
Annual Increment 004 4,300
Employee Benefits 010 58,713
Unclassified 099 ________81,890
Total $ 306,165
- -WV State Board of Examiners for Licensed Practical Nurses
(WV Code Chapter 30)
Fund 8517 FY 2005 Org 0906
Unclassified-Total 096 $ 363,090
- -WV Board of Examiners for Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2005 Org 0907
Unclassified-Total 096 $ 882,136
- -Public Service Commission
(WV Code Chapter 24)
Fund 8623 FY 2005 Org 0926
Personal Services 001 $ 7,916,582
Annual Increment 004 130,000
Employee Benefits 010 2,671,106
Unclassified 099 2,313,705
Weight Enforcement Program 345 4,566,000
Debt Payment/Capital Outlay 520 350,000
BRIM Premium 913 ________139,752
Total $ 18,087,145
The total amount of this appropriation except for the PSC Weight Enforcement appropriation
(activity 345) shall be paid from a special revenue fund out of collection for special license fees from
public service corporations as provided by law. The amount appropriated to the PSC Weight
Enforcement (activity 345) shall be paid from the state road fund as provided by law.
The Public Service Commission is authorized to spend up to $500,000, from surplus funds in this
account, to meet the expected deficiencies in the Motor Carrier Division account due to passage of
enrolled house bill no. 2715, regular session, 1998.
- -Public Service Commission-
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8624 FY 2005 Org 0926
Personal Services 001 $ 152,476
Annual Increment 004 5,556
Employee Benefits 010 53,791
Unclassified 099 ________84,849
Total $ 296,672
The total amount of this appropriation shall be paid from a special revenue fund out of receipts
collected for or by the public service commission pursuant to and in the exercise of regulatory
authority over pipeline companies as provided by law.
- -Public Service Commission-
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8625 FY 2005 Org 0926
Personal Services 001 $ 1,582,433
Annual Increment 004 40,000
Employee Benefits 010 577,313
Unclassified 099 ________545,361
Total $ 2,745,107
The total amount of this appropriation shall be paid from a special revenue fund out of receipts
collected for or by the public service commission pursuant to and in the exercise of regulatory
authority over motor carriers as provided by law.
- -Public Service Commission-
Consumer Advocate
(WV Code Chapter 24)
Fund 8627 FY 2005 Org 0926
Personal Services 001 $ 505,577
Annual Increment 004 6,650
Employee Benefits 010 147,177
Unclassified 099 275,573
BRIM Premium 913 ________3,570
Total $ 938,547
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the public service commission.
- -Real Estate Commission
(WV Code Chapter 30)
Fund 8635 FY 2005 Org 0927
Personal Services 001 $ 360,695
Annual Increment 004 6,200
Employee Benefits 010 115,700
Unclassified 099 ________236,826
Total $ 719,421
The total amount of this appropriation shall be paid out of collections of license fees as provided
by law.
- -WV Board of Examiners for Speech-Language Pathology and Audiology
(WV Code Chapter 30)
Fund 8646 FY 2005 Org 0930
Unclassified-Total 096 $ 60,000
- -WV Board of Respiratory Care
(WV Code Chapter 30)
Fund 8676 FY 2005 Org 0935
Unclassified-Total 096 $ 104,650
- -WV Board of Licensed Dietitians
Fund 8680 FY 2005 Org 0936
Unclassified-Total 096 $ 20,000
- -Massage Therapy Licensure Board
(WV Code Chapter 30)
Fund 8671 FY 2005 Org 0938
Unclassified-Total 096 $ ________80,000
Total TITLE II, Section 3-Other Funds $ 679,853,194
_____________Sec. 4. Appropriations from lottery net profits.-Net profits of the lottery are to be deposited
by the director of the lottery to the following accounts in the amounts indicated. The director of the
lottery shall prorate each deposit of net profits in the proportion the appropriation for each account
bears to the total of the appropriations for all accounts.
After first satisfying the requirements for Fund 2252 and Fund 3963 pursuant to section eighteen,
article twenty-two, chapter twenty-nine of the code, the director of the lottery shall make available
from the remaining net profits of the lottery any amounts needed to pay debt service for which the
appropriation is made for Fund 3167, and is authorized to transfer any such amounts to Fund 3167 for
that purpose. Upon receipt of reimbursement of amounts so transferred, the director of the lottery
shall deposit the reimbursement amounts to the following accounts as required by this section.
- -Education, Arts, Sciences and Tourism-
Debt Service Fund
(WV Code Chapter 5)
Fund 2252 FY 2005 Org 0211
_______________________________________________________________ Lottery
Activity Funds
Debt Service-Total 310 $ 10,000,000
- -West Virginia Development Office-
Division of Tourism
(WV Code Chapter 5B)
Fund 3067 FY 2005 Org 0304
Unclassified - Total 096 $ -0-
Tourism-Telemarketing Center 463 90,000
Tourism-Advertising 618 3,597,930
WV Film Office 498 102,139
Motor Sports Council 513 90,000
Tourism-Unclassified 662 __________4,185,765
Total $ 8,065,834
Any unexpended balances remaining in the appropriations for Tourism-Advertising (fund 3067,
activity 618), State Parks and Recreation Advertising (fund 3067, activity 619), Capitol Complex-
Capital Outlay (fund 3067, activity 417), Tourism-Special Projects (fund 3067, activity 859),
Tourism-Unclassified (fund 3067, activity 662), Tourism-Unclassified-Lottery Surplus (fund 3067,
activity 773), Stonewall Jackson State Park (fund 3067, activity 959) and Hatfield-McCoy
Recreational Trail (fund 3067, activity 960) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005.
- -Division of Natural Resources
(WV Code Chapter 20)
Fund 3267 FY 2005 Org 0310
Gypsy Moth Suppression
Program for State Parks 017 $ 45,500
Unclassified (R) 099 2,228,603
Pricketts Fort State Park 324 98,280
Non-Game Wildlife 527 445,470
State Parks and Recreation Advertising 619 622,440
West Virginia Stream Partners Program 637 ________81,900
Total $ 3,522,193
Any unexpended balances remaining in the appropriations for Unclassified (fund 3267, activity
099), State Recreation Area Improvements (fund 3267, activity 307), Capital Outlay-Parks (fund
3267, activity 288), Flood Reparations (fund 3267, activity 400), Parks Operations-Unclassified (fund 3267, activity 645), State Parks-Special Projects (fund 3267, activity 860), Computerized Lodging
Reservation System (fund 3267, activity 910) and State Parks Repairs, Renovations, Maintenance and
Life Safety Repairs (fund 3267, activity 911) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005.
- -State Department of Education
(WV Code Chapters 18 and 18A)
Fund 3951 FY 2005 Org 0402
Safe Schools 143 $ -0-
Unclassified 099 3,407,000
Technology Infrastructure Network 351 20,500,000
READS Program 365 -0-
MATH Program 368 300,000
Vocational Education
Equipment Replacement 393 -0-
Assessment Program 396 6,430,943
Employment Programs Rate Relief 401 878,189
Teacher Reimbursement 573 150,000
Teacher Relocation 574 10,000
Technology Repair and Modernization 1,000,000
National Science Foundation Match/WV
Science 578 300,000
Three Tier Funding 411 1,000,000
Educational Program Allowance 996 ________250,000
Total $ 34,226,132
Any unexpended balances remaining in the appropriations for Computer Basic Skills (fund 3951,
activity 145), S.U.C.C.E.S.S. (fund 3951, activity 255), Technology Repair and Modernization (fund
3951, activity 298), Technology and Telecommunications Initiative (fund 3951, activity 596),
Technology Demonstration Project (fund 3951, activity 639) and Educational Development (fund
3951, activity 823) at the close of the fiscal year 2004 are hereby reappropriated for expenditure
during the fiscal year 2005.
The above appropriation for Technology Infrastructure Network
shall be expended on the following programs and technology; Computer Basic Skills, S.U.C.C.E.S.S.,
WVEIS, Technology Repair and Modernization, Technology and Telecommunications Initiative and
other programs in the field that will benefit the Counties. No more then 40% of the total
appropriation shall be alloted to Computer Basic Skills and S.U.C.C.E.S.S. Prior to the completion
and presentation of the Technology Study to the Joint LOCEA Committee, no more than 50% of the
total appropriation shall be spent. The study is to be completed by January, 15th, 2005.
- -State Department of Education-
School Building Authority-
Debt Service Fund
(WV Code Chapter 18)
Fund 3963 FY 2005 Org 0402
Debt Service-Total 310 $ 18,000,000
- -Department of Education and the Arts-
Office of the Secretary-
Control Account-
Lottery Education Fund
(WV Code Chapter 5F)
Fund 3508 FY 2005 Org 0431
WV Humanities Council 168 $ 350,000
Commission for National
Community Service 193 160,050
Technical Preparation Program 440 450,000
Arts Programs (R) 500 40,000
College Readiness (R) 579 200,000
LATA Access (R) 580 360,000
Hospitality Training 600 480,000
Challenger Learning Center 862 55,000
Special Olympic Games 966 25,000
Center for Excellence in Disabilities 967 ________100,000
Total $ 2,220,050
Any unexpended balances remaining in the appropriations for Unclassified (fund 3508, activity
099), Arts Programs (fund 3508, activity 500), College Readiness (fund 3508, activity 579), LATA
Access (fund 3508, activity 580) and WV2001 Project (fund 3508, activity 836) at the close of fiscal
year 2004 are hereby reappropriated for expenditure during the fiscal year 2005.
- -Division of Culture and History-
Lottery Education Fund
(WV Code Chapter 29)
Fund 3534 FY 2005 Org 0432
Huntington Symphony 027 $ 75,000
Martin Luther King, Jr.
Holiday Celebration 031 10,800
Fairs and Festivals 122 2,000,000
Archeological Curation/Capital
Improvements (R) 246 50,337
Historic Preservation Grants (R) 311 450,000
West Virginia Public Theater 312 250,000
Tri-County Fair Association 343 125,000
George Tyler Moore Center for the
Study of the Civil War 397 70,000
Theater Arts of West Virginia 464 420,000
Grants for Competitive Arts Program (R) 624 810,000
Contemporary American
Theater Festival 811 120,000
Independence Hall (R) 812 50,000
Mountain State Forest Festival 864 ________75,000
Total $ 4,506,137
Any unexpended balances remaining in the appropriations for Archeological Curation/Capital
Improvements (fund 3534, activity 246), Historic Preservation Grants (fund 3534, activity 311),
Capital Outlay, Repairs and Equipment (fund 3534, activity 589), Grants for Competitive Arts
Program (fund 3534, activity 624), Independence Hall (fund 3534, activity 812) and Project ACCESS
(fund 3534, activity 865) at the close of the fiscal year 2004 are hereby reappropriated for expenditure
during the fiscal year 2005.
- -Library Commission-
Lottery Education Fund
(WV Code Chapter 10)
Fund 3559 FY 2005 Org 0433
Books and Films 179 $ 500,000
Services to Libraries 180 500,000
Grants to Public Libraries 182 7,348,884
Services to State Insitutions 180 -0-
Digital Resources 309 219,992
Libraries-Special Projects 625 500,000
Infomine Network 884 ________1,126,769
Total $ 10,195,645
- -Educational Broadcasting Authority-
Lottery Education Fund
(WV Code Chapter 10)
Fund 3587 FY 2005 Org 0439
Mountain Stage 249 $ 163,800
Star Schools 509 ________220,675
Total $ 384,475
Any unexpended balance remaining in the above appropriation for Digital Conversion (fund
3587, activity 247) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during
the fiscal year 2005.
- -Bureau of Senior Services-
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2005 Org 0508
Local Programs Service Delivery Costs 200 $ 2,475,250
In-Home Services for Senior Citizens 224 1,000,000
Nutrition Services for the Elderly 337 1,000,000
Senior Citizen Centers and Programs (R) 462 2,900,000
Direct Services 481 2,800,000
Transfer to Division of Human Services
for Health Care and Title XIX Waiver
for Senior Citizens 539 13,000,000
Senior Services Medicaid Transfer 871 10,300,000
Legislative Initiatives
for the Elderly 904 4,700,000
Long Term Care Ombudsmen 905 ________321,325
Total $ 38,469,575
Any unexpended balances remaining in the appropriation for Senior Citizen Centers and
Programs (fund 5405, activity 462) at the close of the fiscal year 2004 is hereby reappropriated for
expenditure during the fiscal year 2005.
The above appropriation for Transfer to Division of Human Services for Health Care and Title
XIX Waiver for Senior Citizens along with the federal moneys generated thereby shall be used for
reimbursement for services provided under the program. Further, the program shall be preserved
within the aggregate of these funds.
- -Higher Education Policy Commission-
Lottery Education-
Higher Education Policy Commission-
Control Account
(WV Code Chapters 18B and 18C)
Fund 4925 FY 2005 Org 0441
Unclassified (R) 099 $ 2,786,738
Higher Education Grant Program (R) 164 18,000,000
Tuition Contract Program (R) 165 749,576
Minority Doctoral Fellowship (R) 166 150,000
Underwood - Smith Scholarship
Program-Student Awards (R) 167 150,000
School of Osteopathic Medicine (R) 172 6,330,742
Health Sciences Scholarship (R) 176 148,575
School of Osteopathic Medicine BRIM
Subsidy (R) 403 116,369
West Liberty State College 439 -0-
Higher Education-Special Projects (R) 488 1,051,808
Rural Health Initiative - Medical Schools
Support (R) 581 486,056
Vice Chancellor for Health Sciences -
Rural Health Initiative Program and
Site Support (R) 595 -0-
Vice Chancellor for Health Sciences -
Rural Health Residency Program (R) 601 278,408
MA Public Health Program and
Health Science Technology (R) 623 60,781
Central Office 701 -0-
HEAPS Grant Program (R) 867 4,000,000
WV Engineering, Science, and
Technology Scholarship Program (R) 868 500,000
Health Sciences Career
Opportunities Program (R) 869 61,296
HSTA Program (R) 870 1,017,341
Marshall Medical School-
RHI Program and Site Support 033 467,995
WVU Health Sciences
RHI Program and Site Support 035 1,263,890
RHI Program and Site Support -
District Consortia 036 2,561,437
RHI Program and Site Support -
RHEP Program Administration 037 193,484
RHI Program and Site Support -
Grad Med Ed and Fiscal Oversight 038 ________105,090
Total $ 40,479,586
Any unexpended balances remaining in the appropriations at the close of fiscal year 2004 are
hereby reappropriated for expenditure during the fiscal year 2005.
Total TITLE II, Section 4-Lottery Revenue $ __170,096,627
_____________Sec. 5. Appropriations from state excess lottery revenue fund.- In accordance with section
eighteen-a, article twenty-two, chapter twenty nine of the code, the following appropriations shall be
deposited and disbursed by the director of the lottery to the following accounts in this section in the
amounts indicated.
- -Lottery Commission-
General Purpose Account
Fund 7206 FY 2005 Org 0705
____________________________________________________Activity Funds
Unclassified-Total-Transfer 402 $ 65,000,000
The above appropriation for Unclassified-Total-Transfer(activity 402) shall be transferred to the
General Revenue Fund as determined by the director of the lottery.
- -Economic Development Authority-
Economic Development Project Fund
Fund 3167 FY 2005 Org 0307
Debt Service-Total 310 $ 19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-two, chapter twenty-nine of the
code, excess lottery revenues are authorized to be transferred to the lottery fund as reimbursement of
amounts transferred to the economic development project fund pursuant to section four of this title
and subsection (f), section eighteen, article twenty-two, chapter twenty-nine of the code.
- -Education Improvement Fund
Fund 4295 FY 2005 Org 0441______________________
Unclassified-Total-Transfer (R) 402 $ 27,000,000
Any unexpended balance remaining in the appropriation at the close of fiscal year 2004 is hereby
reappropriated for expenditure during the fiscal year 2005.
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the
PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article seven, section seven.
- -School Building Authority
Fund 3514 FY 2005 Org 0402_______________________________________________
Unclassified-Total-Transfer (R) 402 $ 19,000,000
Any unexpended balance remaining in the appropriation at the close of fiscal year 2004 is hereby
reappropriated for expenditure during the fiscal year 2005.
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the
General Revenue Fund for appropriation under West Virginia Code §18-9D-6.
- -West Virginia Infrastructure Council
Fund 3390 FY 2005 Org 0316
Unclassified-Total-Transfer (R) 402 $ 40,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2004 is
hereby reappropriated for expenditure during the fiscal year 2005.
The above appropriation for Unclassified-Total-Transfer(activity 402) shall be transferred to the
West Virginia Infrastructure Fund (fund 3384, org 0316) created by chapter thirty-one, article fifteen-
a, section nine of the code.
- -Higher Education Improvement Fund
Fund 4297 FY 2005 Org 0441
Unclassified-Total (R) 096 $ 10,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2004 is
hereby reappropriated for expenditure during the fiscal year 2005.
- -State Park Improvement Fund
Fund 3277 FY 2005 Org 0310
Unclassified-Total (R) 096 $ 5,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2004 is
hereby reappropriated for expenditure during the fiscal year 2005.
- -Lottery Commission-
Refundable Credit
Fund 7207 FY 2005 Org 0705
Unclassified-Total-Transfer 402 $ 10,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the
General Revenue Fund to provide reimbursement for the refundable credit allowable under chapter
eleven, article twenty-one, section twenty-one of the code. The amount of the required transfer shall
be determined solely by the state tax commissioner and shall be completed by the director of the
lottery upon the commissioners request.
- -Lottery Commission-
Excess Lottery Revenue Fund Surplus
Fund 7208 FY 2005 Org 0705
Unclassified-Total-Transfer 402 $ ________22,800,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the
General Revenue Fund only after all funding required by chapter twenty-nine, article twenty-two,
section eighteen-a of the code has been satisfied as determined by the director of the lottery.
- -Joint Expenses
(WV Code Chapter 4)
Fund 1735 FY 2005 Org 2300
Any unexpended balance remaining in the appropriation at the close of fiscal year 2004 is hereby
reappropriated for expenditure during the fiscal year 2005.
The above appropriation for Tax Reduction and Federal Funding Increased Compliance
(TRAFFIC)-Total (fund 1735, activity 620) is intended for possible general state tax reductions or the
offsetting of any reductions in federal funding for state programs. It is not intended as a general
appropriation for expenditure by the Legislature.
Total TITLE II, Section 5-Excess
Lottery Funds $ ________217,800,000
_____________Sec. 6. Appropriations of federal funds.-In accordance with article eleven, chapter four of the code, from federal funds there are hereby appropriated conditionally upon the fulfillment of the
provisions set forth in article two, chapter five-a of the code the following amounts, as itemized, for
expenditure during the fiscal year two thousand five.
LEGISLATIVE
- -Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 8738 FY 2005 Org 2300
_______________________________________________________________ Federal
Activity Funds
Unclassified-Total 096 $ 1,263,500
JUDICIAL
- -Supreme Court-
Consolidated Federal Funds
Fund 8867 FY 2005 Org 2400
Unclassified-Total 096 $ 150,000
EXECUTIVE
- -Governor's Office-
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 8792 FY 2005 Org 0100
Unclassified-Total 096 $ 450,000
- -Governor's Office-
Office of Economic Opportunity
(WV Code Chapter 5)
Fund 8797 FY 2005 Org 0100
Unclassified-Total 096 $ 7,811,976
- -Governor's Office-
Commission for National and Community Service
(WV Code Chapter 5)
Fund 8800 FY 2005 Org 0100
Unclassified-Total 096 $ 5,431,509
- -Auditor's Office
-
National White Collar Crime Center
(WV Code Chapter 12)
Fund 8807 FY 2005 Org 1200
Unclassified-Total 096 $ 14,000,942
- -Department of Agriculture
(WV Code Chapter 19)
Fund 8736 FY 2005 Org 1400
Unclassified-Total 096 $ 4,246,459
- -Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 8737 FY 2005 Org 1400
Unclassified-Total 096 $ 818,829
- -Department of Agriculture-
State Conservation Committee
(WV Code Chapter 19)
Fund 8783 FY 2005 Org 1400
Unclassified-Total 096 $ 341,174
- -Secretary of State-
(WV Code Chapter 3)
Fund 8854 FY 2005 Org 1600
Unclassified-Total (R) 096 $ 14,500,000
DEPARTMENT OF ADMINISTRATION
- -West Virginia Prosecuting Attorney's Institute
(WV Code Chapter 7)
Fund 8834 FY 2005 Org 0228
Unclassified-Total 096 $ 199,468
-Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 8838 FY 2005 Org 0230
Unclassified-Total 096 $ 33,817,646
DEPARTMENT OF EDUCATION
- -State Department of Education
(WV Code Chapters 18 and 18A)
Fund 8712 FY 2005 Org 0402
Unclassified-Total 096 $ 160,000,000
- -State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 8713 FY 2005 Org 0402
Unclassified-Total 096 $ 85,000,000
- -State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 8714 FY 2005 Org 0402
Unclassified-Total 096 $ 21,000,000
- -State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 8715 FY 2005 Org 0402
Unclassified-Total 096 $ 77,000,000
- -State Department of Education-
Education Grant
Fund 8748 FY 2005 Org 0402
Unclassified-Total 096 $ 50,000,000
DEPARTMENT OF EDUCATION AND THE ARTS
- -Department of Education and the Arts-
Office of the Secretary
(WV Code Chapter 5F)
Fund 8841 FY 2005 Org 0431
Unclassified-Total 096 $ 1,051,571
- -Division of Culture and History
(WV Code Chapter 29)
Fund 8718 FY 2005 Org 0432
Unclassified-Total 096 $ 2,500,000
- -Library Commission
(WV Code Chapter 10)
Fund 8720 FY 2005 Org 0433
Unclassified-Total 096 $ 1,932,637
- -Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 8721 FY 2005 Org 0439
Unclassified-Total 096 $ 1,800,000
- -State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 8734 FY 2005 Org 0932
Unclassified-Total 096 $ 46,323,075
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- -Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 8723 FY 2005 Org 0506
Unclassified-Total 096 $ 7,308,797
- -Division of Health-
Central Office
(WV Code Chapter 16)
Fund 8802 FY 2005 Org 0506
Unclassified-Total 096 $ 73,734,131
- -Division of Health-
West Virginia Safe Drinking Water Treatment
(WV Code Chapter 16)
Fund 8824 FY 2005 Org 0506
Unclassified-Total 096 $ 16,000,000
- -West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 8851 FY 2005 Org 0507
Unclassified-Total 096 $ 40,000
- -Human Rights Commission
(WV Code Chapter 5)
Fund 8725 FY 2005 Org 0510
Unclassified-Total 096 $ 510,467
- -Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 8722 FY 2005 Org 0511
Unclassified-Total 096 $ 1,905,460,500
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
- -Adjutant General-State Militia
(WV Code Chapter 15)
Fund 8726 FY 2005 Org 0603
Unclassified-Total 096 $ 85,274,083
- -Office of Emergency Services
(WV Code Chapter 15)
Fund 8727 FY 2005 Org 0606
Unclassified-Total 096 $ 8,693,164
- -Division of Corrections
(WV Code Chapters 25, 28, 49 and 62)
Fund 8836 FY 2005 Org 0608
Unclassified-Total 096 $ 650,000
- -West Virginia State Police
(WV Code Chapter 15)
Fund 8741 FY 2005 Org 0612
Unclassified-Total 096 $ 1,208,527
- -Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 8858 FY 2005 Org 0613
Unclassified-Total 096 $ 10,000,000
- -Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 8728 FY 2005 Org 0618
Unclassified-Total 096 $ 1,203,780
- -Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 8803 FY 2005 Org 0620
Unclassified-Total 096 $ 14,915,835
- -Division of Juvenile Services
(WV Code Chapter 49)
Fund 8855 FY 2005 Org 0621
Unclassified-Total 096 $ 331,000
DEPARTMENT OF REVENUE
- -Tax Division
(WV Code Chapter 11)
Fund 7069 FY 2005 Org 0702
Unclassified-Total 096 $ 25,000
DEPARTMENT OF TRANSPORTATION
- -Division of Motor Vehicles
(WV Code Chapter 17B)
Fund 8787 FY 2005 Org 0802
Unclassified-Total 096 $ 9,819,900
- -Division of Public Transit
(WV Code Chapter 17)
Fund 8745 FY 2005 Org 0805
Unclassified-Total 096 $ 11,602,638
- -Public Port Authority
(WV Code Chapter 17)
Fund 8830 FY 2005 Org 0806
Unclassified-Total 096 $ 2,660,000
BUREAU OF COMMERCE
- -Division of Forestry
(WV Code Chapter 19)
Fund 8703 FY 2005 Org 0305
Unclassified-Total 096 $ 2,249,448
- -Geological and Economic Survey
(WV Code Chapter 29)
Fund 8704 FY 2005 Org 0306
Unclassified-Total 096 $ 550,000
- -West Virginia Development Office
(WV Code Chapter 5B)
Fund 8705 FY 2005 Org 0307
Unclassified-Total 096 $ 9,595,134
- -Division of Labor
(WV Code Chapters 21 and 47)
Fund 8706 FY 2005 Org 0308
Unclassified-Total 096 $ 540,822
- -Division of Natural Resources
(WV Code Chapter 20)
Fund 8707 FY 2005 Org 0310
Unclassified-Total 096 $ 8,534,200
- -Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 8709 FY 2005 Org 0314
Unclassified-Total 096 $ 590,765
BUREAU OF EMPLOYMENT PROGRAMS
- -Bureau of Employment Programs
(WV Code Chapter 21A)
Fund 8835 FY 2005 Org 0323
Unclassified 099 $ 512,657
Reed Act 2002 - Unemployment Compensation 622 2,374,000
Reed Act 2002 - Employment Services 630 ________1,371,000
Total $ 4,257,657
Pursuant to the requirements of 42 U.S.C. 1103, Section 903 of the Social Security Act, as amended,
and the provisions of section nine, article nine, chapter twenty-one-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, the above appropriation to Unclassified shall be
used by the bureau of employment programs for the specific purpose of administration of the state's
unemployment insurance program or job service activities, subject to each and every restriction,
limitation or obligation imposed on the use of the funds by those federal and state statutes.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- -Division of Environmental Protection
(WV Code Chapter 22)
Fund 8708 FY 2005 Org 0313
Unclassified-Total 096 $ 98,015,470
BUREAU OF SENIOR SERVICES
- -Bureau of Senior Services
(WV Code Chapter 29)
Fund 8724 FY 2005 Org 0508
Unclassified-Total 096 $
14,550,000
MISCELLANEOUS BOARDS AND COMMISSIONS
- -Board of Pharmacy
(WV Code Chapter 30)
Fund 8857 FY 2005 Org 0913
Unclassified-Total 096 $ 87,500
- -Public Service Commission-
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8743 FY 2005 Org 0926
Unclassified-Total 096 $ 1,514,718
- -Public Service Commission-
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8744 FY 2005 Org 0926
Unclassified-Total 096 $ 270,918
- -Coal Heritage Highway Authority
(WV Code Chapter 29)
Fund 8861 FY 2005 Org 0942
Unclassified-Total 096 $ ________27,000
299-WV State Mapping and Addressing Board
(WV Code Chapter)
Fund 8868 FY 2005 Org 0940
Unclassified 099 __________ $375,000
Total TITLE II, Section 6-Federal Funds $ ________2,820,253,240
Sec. 7. Appropriations from federal block grants.-The following items are hereby appropriated from
federal block grants to be available for expenditure during the fiscal year 2005.
- -Governor's Office-
Office of Economic Opportunity
Community Services
Fund 8799 FY 2005 Org 0100
Unclassified-Total 096 $ 8,000,000
- -West Virginia Development Office-
Community Development
Fund 8746 FY 2005 Org 0307
Unclassified-Total 096 $ 28,330,852
- -West Virginia Development Office-
Workforce Investment Act
Fund 8848 FY 2005 Org 0307
Unclassified-Total 096 $ 49,832,357
- -Division of Health-
Maternal and Child Health
Fund 8750 FY 2005 Org 0506
Unclassified-Total 096 $ 10,878,891
- -Division of Health-
Preventive Health
Fund 8753 FY 2005 Org 0506
Unclassified-Total 096 $ 2,237,034
- -Division of Health-
Substance Abuse Prevention and Treatment
Fund 8793 FY 2005 Org 0506
Unclassified-Total 096 $ 11,557,304
- -Division of Health-
Community Mental Health Services
Fund 8794 FY 2005 Org 0506
Unclassified-Total 096 $ 3,314,733
- -Division of Health-
Abstinence Education Program
Fund 8825 FY 2005 Org 0506
Unclassified-Total 096 $ 976,837
- -Division of Human Services-
Energy Assistance
Fund 8755 FY 2005 Org 0511
Unclassified-Total 096 $ 21,100,942
- -Division of Human Services-
Social Services
Fund 8757 FY 2005 Org 0511
Unclassified-Total 096 $ 15,000,000
- -Division of Human Services-
Temporary Assistance Needy Families
Fund 8816 FY 2005 Org 0511
Unclassified-Total 096 $ 175,000,000
- -Division of Human Services-
Child Care and Development
Fund 8817 FY 2005 Org 0511
Unclassified-Total 096 $ 38,080,000
- -Division of Criminal Justice Services-
Juvenile Accountability Incentive
Fund 8829 FY 2005 Org 0620
Unclassified-Total 096 $ 2,400,000
- -Division of Criminal Justice Services-
Local Law Enforcement
Fund 8833 FY 2005 Org 0620
Unclassified-Total 096 $ ________607,494
Total TITLE II, Section 7-Federal Block Grants $ ________367,316,444
Sec. 8. Awards for claims against the state.-There are hereby appropriated for fiscal year 2005, from the fund as designated, in the amounts as specified, general revenue funds in the amount of
$3,621,385, special revenue fund in the amount of $162,427, state road funds in the amount of $433,954,
and non-general revenue fund in the amount of $326,944 for payment of claims against the state.
Sec. 9. Appropriations from surplus accrued.-
The following items are hereby appropriated from
the state excess lottery revenue fund, and are to be available for expenditure during the fiscal year 2005
out of surplus funds only, as determined by the director of the lottery, accrued from the fiscal year ending
the thirtieth day of June, 2004, subject to the terms and conditions set forth in this section.
It is the intent and mandate of the Legislature that the following appropriations be payable only from
surplus accrued from the fiscal year ending the thirtieth day of June two thousand four.
In the event that surplus revenues available from the fiscal year ending the thirtieth day of June, two
thousand four, are not sufficient to meet all the appropriations made pursuant to this section, then the
appropriations shall be made to the extent that surplus funds are available and shall be allocated first to
provide the necessary funds to meet the first appropriation of this section; next, to provide the funds
necessary for the second appropriation of this section and subsequently to provide the funds necessary
for each appropriation in succession before any funds are provided for the next subsequent appropriation.
- -Joint Expenses
(WV Code Chapter 4)
Fund FY 2005 Org 2300
Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC) 642 $ 5,000,000
- -Workers' Compensation Commission
(WV Code Chapter 23)
Fund FY 2005 Org 0322
Self-Insured Security Pool 033 $ 5,000,000
- -Governor's Office
(WV Code Chapter 5)
Fund FY 2005 Org 0100
Publication of Papers and
Transition Expenses 465 $ 325,000
- -Adjutant General-
State Militia
(WV Code Chapter 15)
Fund FY 2005 Org 0603
Armory Capital Improvements 325 $ 2,000,000
- -Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund FY 2005 Org 0608
Payments to Federal, County and/or
Regional Jails 555 $ 3,887,620
- -Tax Division
(WV Code Chapter 11)
Fund FY 2005 Org 0702
Remittance Processor 570 $ 200,000
- -West Virginia State Police
(WV Code Chapter 15)
Fund FY 2005 Org 0612
Handgun Replacement 289 $ 400,000
- -Division of Health-
Central Office
(WV Code Chapter 16)
Fund FY 2005 Org 0506
Chief Medical Examiner -
Capital Improvements 035 $ 1,050,000
- -Division of Culture and History
(WV Code Chapter 29)
Fund FY 2005 Org 0432
State Museum 036 $ 1,000,000
- -Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund FY 2005 Org 0100
Flood Reparations 400 $ 400,000
From the above appropriation, $300,000 shall be allocated to Wyoming County and $100,000 shall
be allocated to Greenbrier County.
- -West Virginia Development Office
(WV Code Chapter 5B)
Fund FY 2005 Org 0307
Local Economic
Development Assistance 819 $ 3,244,651
- -Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund FY 2005 Org 0218
Unfunded Liability Payment 037 $ 7,000,000
- -Division of Finance
(WV Code Chapter 5A)
Fund FY 2005 Org 0209
FIMS Upgrade to Open Platform 038 $ 10,000,000
Total TITLE II, Section 9-Surplus Accrued $
________39,507,271
Sec. 10. Special revenue appropriations.-There are hereby appropriated for expenditure during
the fiscal year two thousand five appropriations made by general law from special revenue which are not paid into the state fund as general revenue under the provisions of section two, article two, chapter
twelve of the code: Provided, That none of the money so appropriated by this section shall be
available for expenditure except in compliance with and in conformity to the provisions of articles
two and three, chapter twelve and article two, chapter five-a of the code, with due consideration to the
digest of the budget bill prepared pursuant to article one, chapter four, unless the spending unit has
filed with the director of the budget and the legislative auditor prior to the beginning of each fiscal
year:
(a) An estimate of the amount and sources of all revenues accruing to such fund;
(b) A detailed expenditure schedule showing for what purposes the fund is to be expended.
Sec. 11. State improvement fund appropriations.-Bequests or donations of nonpublic funds,
received by the governor on behalf of the state during the fiscal year two thousand five, for the
purpose of making studies and recommendations relative to improvements of the administration and
management of spending units in the executive branch of state government, shall be deposited in the
state treasury in a separate account therein designated state improvement fund.
There are hereby appropriated all moneys so deposited during the fiscal year two thousand five to
be expended as authorized by the governor, for such studies and recommendations which may
encompass any problems of organization, procedures, systems, functions, powers or duties of a state
spending unit in the executive branch, or the betterment of the economic, social, educational, health
and general welfare of the state or its citizens.
Sec. 12. Specific funds and collection accounts.-A fund or collection account which by law is
dedicated to a specific use is hereby appropriated in sufficient amount to meet all lawful demands
upon the fund or collection account and shall be expended according to the provisions of article three,
chapter twelve of the code.
Sec. 13. Appropriations for refunding erroneous payment.-Money that has been erroneously
paid into the state treasury is hereby appropriated out of the fund into which it was paid, for refund to
the proper person.
When the officer authorized by law to collect money for the state finds that a sum has been erroneously paid, he or she shall issue his or her requisition upon the auditor for the refunding of the
proper amount. The auditor shall issue his or her warrant to the treasurer and the treasurer shall pay
the warrant out of the fund into which the amount was originally paid.
Sec. 14. Sinking fund deficiencies.-There is hereby appropriated to the governor a sufficient
amount to meet any deficiencies that may arise in the mortgage finance bond insurance fund of the
West Virginia housing development fund which is under the supervision and control of the municipal
bond commission as provided by section twenty-b, article eighteen, chapter thirty-one of the code, or
in the funds of the municipal bond commission because of the failure of any state agency for either
general obligation or revenue bonds or any local taxing district for general obligation bonds to remit
funds necessary for the payment of interest and sinking fund requirements. The governor is
authorized to transfer from time to time such amounts to the municipal bond commission as may be
necessary for these purposes.
The municipal bond commission shall reimburse the state of West Virginia through the governor
from the first remittance collected from the West Virginia housing development fund or from any
state agency or local taxing district for which the governor advanced funds, with interest at the rate
carried by the bonds for security or payment of which the advance was made.
Sec. 15. Appropriations for local governments.-There are hereby appropriated for payment to
counties, districts and municipal corporations such amounts as will be necessary to pay taxes due
counties, districts and municipal corporations and which have been paid into the treasury:
(a) For redemption of lands;
(b) By public service corporations;
(c) For tax forfeitures.
Sec. 16. Total appropriations.-Where only a total sum is appropriated to a spending unit, the
total sum shall include personal services, annual increment, employee benefits, current expenses,
repairs and alterations, equipment and capital outlay, where not otherwise specifically provided and
except as otherwise provided in TITLE I-GENERAL PROVISIONS, Sec. 3.
Sec. 17. General school fund.-The balance of the proceeds of the general school fund remaining after the payment of the appropriations made by this act is appropriated for expenditure in
accordance with section sixteen, article nine-a, chapter eighteen of the code.
TITLE III-ADMINISTRATION.
Section 1. Appropriations conditional.-The expenditure of the appropriations made by this act,
except those appropriations made to the legislative and judicial branches of the state government, are
conditioned upon the compliance by the spending unit with the requirements of article two, chapter
five-a of the code.
Where spending units or parts of spending units have been absorbed by or combined with other
spending units, it is the intent of this act that appropriations and reappropriations shall be to the
succeeding or later spending unit created, unless otherwise indicated.
Sec. 2. Legislative intent.-It is the intent of the Legislature that the duly appointed members of
the conference committee on this bill may formulate and set forth in a budget digest recommendations
for the expenditure of money appropriated by this bill after its enactment. It is the further intent of the
Legislature that the recommendations set forth in the budget digest are an expression of legislative
intent, do not have the force and effect of law, and may not be construed to alter the lawful enactment
of this bill.
Sec. 3. Constitutionality.-If any part of this act is declared unconstitutional by a court of
competent jurisdiction, its decision shall not affect any portion of this act which remains, but the
remaining portion shall be in full force and effect as if the portion declared unconstitutional had never
been a part of the act.
Respectfully submitted,
Walt Helmick, Harold K. Michael,
William R. Sharpe, Jr., John Doyle,
Robert Plymale, Jerry Mezzatesta,
Roman Prezioso, Margarette Leach,
Sarah Minear, Barbara Warner,
Karen Facemyer, Mike Hall,
Conferees on the part of Conferees on the part of
the Senate. the House of Delegates.
On motion of Delegate Michael, the report of the Committee of Conference was adopted.
Delegate Trump requested to be excused from voting on the passage of Com. Sub. for S. B. 133
under the provisions of House Rule 49, stating that he is often appointed to handle public defender cases
and that the public defense accounts are funded by state appropriated funds.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a
class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
Delegates Palumbo, Browning, Ellem, Schoen and Webb also requested to be excused from
voting on the passage of Com. Sub. for S. B. 133 under the provisions of House Rule 49, stating that
they, too, as attorneys, were often appointed to public defender cases and that the public defense accounts
are funded by state appropriated funds.
The Speaker refused to excuse the members from voting, stating that they were members of a
class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct
personal or pecuniary interest therein.
The bill, as amended by said report, was then put upon its passage.
Prior to taking the roll, the Clerk announced that the following pair had been filed with him
pursuant to House Rule 43, as follows:
For: Renner Against: Faircloth
On the passage of the bill, the yeas and nays were taken (Roll No. 776), and there were--yeas 80,
nays 15, absent and not voting 3, paired 2, with the nays, absent and not voting and paired being as
follows:
Nays: Armstead, Blair, Border, Calvert, Carmichael, Caruth, Duke, Ellem, Louisos, Overington,
Schadler, Schoen, Sumner, Trump and Walters.
Absent And Not Voting: Coleman, Houston and Spencer.
Paired: For: Renner Against: Faircloth
So, a majority of the members elected to the House of Delegates having voted in the affirmative,
the Speaker declared the bill (Com. Sub. for S. B. 133) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 777), and there were--yeas 93, nays 2,
absent and not voting 3, paired 2, with the nays, absent and not voting and paired being as follows:
Nays: Duke and Schoen.
Absent And Not Voting: Coleman, Houston and Spencer.
Paired: For: Renner Against: Faircloth
So, two thirds of the members elected to the House of Delegates having voted in the affirmative,
the Speaker declared the bill (Com. Sub. for S. B. 133) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that, upon reconsideration, the Senate had amended and again
passed, to take effect from passage, in an effort to meet the objections of the Governor, and requested
the concurrence of the House of Delegates in the same, as to
Enr. Com. Sub. for S. B. 197, Relating generally to distribution of net terminal income of
racetrack video lottery terminals.
Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 21, 2004
VETO MESSAGE:
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and return Enrolled Senate Bill No. 197.
Senate Bill No. 197 was introduced at my request in order to reallocate the three percent
distribution of racetrack video lottery net terminal income to support additional investment in economic
development in West Virginia. Senate Bill No. 197 was introduced by request of the Executive. While
the Enrolled Bill allocates those funds to some worthwhile uses, I nevertheless must veto this legislation
because it fails to adequately use these moneys in transforming West Virginia's economy. Notably, it
does not redirect any moneys to the West Virginia research challenge grant fund, a program that serves
to stimulate research and development at the State's leading higher education research institutions. It
further fails to provide any moneys for the purpose of promoting business formation, expansion,
recruitment and retention through aggressive marketing and international development and export
assistance. When taken together, these two initiative lead to the creation of high wage jobs for all
geographic regions and communities of the State. Finally, this Bill fails to adequately continue funding
for the tourism promotion fund grant matching program in fiscal year 2005, and possibly in subsequent
years, thus endangering the continued success of that program. For theses reasons, I must veto this Bill.
Notwithstanding this action, I urge the Legislature to amend Senate Bill No. 197 to conform with
these objections and return the Bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, as amended by the Senate, in an effort to meet the
objections of the Governor.
The following Senate amendments were then reported by the Clerk:
On page two, by striking out everything after the enacting clause and inserting in lieu thereof the
following:
"That the code of West Virginia, 1931, as amended, be amended by adding thereto two new
sections, designated §5A-4-5a and §5A-4-6; that §5B-2-12 of said code be amended and reenacted; that
said code be amended by adding thereto a new section, designated §5B-2-3b; that said code be amended
by adding thereto a new section, designated §18B-1B-10; and that §29-22A-10 and §29-22A-10b of said
code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 4. GENERAL SERVICES DIVISION.
§5A-4-5a. Construction of parking garage for general public; creation of fund.
(a) It is the intent of the Legislature to provide a parking facility for the general public and to
direct the secretary of the department of administration to plan and construct a parking garage at the state
capitol complex that will provide sufficient and additional parking exclusively for the general public.
(b) There is created in the state treasury to be administered by the department of administration
a special fund to be named the '2004 capitol complex parking garage fund' into which shall be deposited
funds that are appropriated and funds from other sources to be used for the construction and maintenance
of a parking garage on or adjacent to the state capitol complex.
§5A-4-6. Renovation and improvement of capitol building and capitol complex.
(a) It is the intent of the Legislature to provide renovation and improvement of the existing state
capitol building and the capitol complex and to direct the secretary of the department of administration
to plan and make renovations and improvements of the existing state capitol building and the capitol
complex for the purpose of reversing deterioration to existing facilities, securing the safety of the general
public and state employees, promoting efficiency of governmental operations and to enhance tourism in
the state.
(b) There is created in the state treasury to be administered by the department of administration
a special fund to be named the 'capitol renovation and improvement fund' into which shall be deposited
funds that are appropriated and funds from other sources to be used for renovations and improvements
of the existing state capitol building and the capitol complex.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-3b. Development office promotion fund.
There is hereby established in the state treasury a special revenue fund known as the 'development
office promotion fund.' Moneys deposited in this fund shall be administered by the development office
and used solely to promote business formation, expansion, recruitment and retention through aggressive
marketing and international development and export assistance, which together lead to more and better
jobs with higher wages for all geographic regions and communities of the state, including rural areas and
urban core areas, and for all residents, including minorities.
§5B-2-12. Tourism promotion fund continued; use of funds.
There is hereby continued in the state treasury the special revenue fund known as the 'tourism
promotion fund' created under prior enactment of section nine, article one of this chapter.
(a) A minimum of five percent of the moneys deposited in the fund each year shall be used solely
for direct advertising for West Virginia travel and tourism: Provided, That no less than twenty percent
of these funds be expended with the approval of the director of the division of natural resources to
effectively promote and market the state's parks, state forests, state recreation areas and wildlife
recreational resources. Direct advertising means advertising which is limited to television, radio,
mailings, newspaper, magazines and outdoor billboards, or any combination thereof;.
(b) The balance of the moneys deposited in the fund shall be used for direct advertising within the
state's travel regions as defined by the commission. The funds shall be made available to these districts
beginning the first day of July, one thousand nine hundred ninety-five, according to legislative rules
promulgated authorized for promulgation by the tourism commission. : Provided, That emergency rules
for the distribution of funds for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-six, are specifically authorized; and
(c) All advertising expenditures over twenty-five thousand dollars from the tourism promotion
fund require prior approval by recorded vote of the commission. No member of the commission or of
any committee created by the commission to evaluate applications for advertising or other grants may
participate in the discussion of, or action upon, an application for or an award of any grant in which the
member has a direct financial interest.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-10. Research challenge.
(a) There is established in the state treasury a special revenue fund known as the 'research
challenge fund.' Moneys deposited in this fund shall be administered by the higher education policy
commission.
(1) Twenty-five percent of the moneys deposited in this fund shall be used to fund coal research
and development projects at institutions of higher education located in this state. Research includes, but
is not limited to, carbon sequestration and carbon technology research and development projects.
(2) The remainder of the moneys deposited in this fund shall be used to fund other research and
development projects at institutions of higher education in this state.
(b) The policy commission shall use the recommendations of the EPSCoR state advisory council
in its allocation of appropriations made to the research challenge fund and in its development of
procedures for competitive application and review of proposals for funding. The research challenge is
a critical component in the state's strategic plan for economic development and the contribution of higher
education in the economic health of the state and the EPSCoR state advisory council is well qualified,
by virtue of its research-oriented mission and membership, to advise the policy commission in the
allocation of research challenge funding.
The objectives of the research challenge are to:
(1) Increase the research capacity of institutions of higher education and the competitiveness of
these institutions to apply for external funding;
(2) Stimulate the development of research and research products that are directly applicable in
improving the economic competitiveness of existing West Virginia industries and the development of
new business and jobs in the state;
(3) Leverage limited state resources with private and federal funds to support projects and
activities directly related to economic development by requiring matching funds and cooperative
agreements with external partners;
(4) Increase the production of undergraduate and graduate students of programs in the sciences,
technology, engineering and mathematics, with special attention to emerging disciplines such as
biometrics; and
(5) Hold institutions more accountable for the success of research projects funded under this
program with the expectation that state support will be phased out and the project or activity will be
terminated if it is unable to generate ongoing external support.
(c) The priorities for the research challenge shall be:
(1) Research on energy generation, distribution and utilization that builds on the state's existing
energy research strengths, related research products and technology transfer programs;
(2) Research, education and outreach conducted by the EPSCOR program. This federal program
is recognized by the national science foundation as the state's primary entity for developing the research
capacity that is so important to the state's economic and educational development;
(3) Research projects that are related to the economic development of the state, and that have
significant potential to attract participation and funding from industrial, federal or foundation partners;
(4) Collaborative projects between higher education and public education to improve science and
mathematics education;
(5) Graduate education in science (including medical education), technology, engineering and
mathematics. The allocation shall be used for the increase in doctoral students and programs at West
Virginia university and Marshall university in these fields; and
(6) Recruitment of eminent scholars to strengthen research capacity and competitiveness for
external funding.
(d) The policy commission shall report to the legislative oversight committee on educational
accountability annually on the results of the projects and activities funded by the research challenge
appropriation.
(e) The priorities established in subsection (c) of this section shall be reviewed biannually by the
policy commission and the EPSCoR state advisory council beginning in two thousand six. The policy
commission shall include any recommended adjustments in its budget request for the two thousand seven
budget.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-10. Accounting and reporting; commission to provide communications protocol data;
distribution of net terminal income; remittance through electronic transfer
of funds; establishment of accounts and nonpayment penalties;
commission control of accounting for net terminal income; settlement of
accounts; manual reporting and payment may be required; request for
reports; examination of accounts and records.
(a) The commission shall provide to manufacturers, or applicants applying for a manufacturer's
permit, the protocol documentation data necessary to enable the respective manufacturer's video lottery
terminals to communicate with the commission's central computer for transmitting auditing program
information and for activation and disabling of video lottery terminals.
(b) The gross terminal income of a licensed racetrack shall be remitted to the commission through
the electronic transfer of funds. Licensed racetracks shall furnish to the commission all information and
bank authorizations required to facilitate the timely transfer of moneys to the commission. Licensed
racetracks must provide the commission thirty days' advance notice of any proposed account changes in
order to assure the uninterrupted electronic transfer of funds. From the gross terminal income remitted
by the licensee to the commission, the commission shall deduct an amount sufficient to reimburse the
commission for its actual costs and expenses incurred in administering racetrack video lottery at the
licensed racetrack and the resulting amount after the deduction is the net terminal income. The amount deducted for administrative costs and expenses of the commission may not exceed four percent of gross
terminal income: Provided, That any amounts deducted by the commission for its actual costs and
expenses that exceeds its actual costs and expenses shall be deposited into the state lottery fund. For all
fiscal years beginning on or after the first day of July, two thousand one, the commission shall not receive
an amount of gross terminal income in excess of the amount of gross terminal income received during
the fiscal year ending on the thirtieth day of June, two thousand one, but four percent of any amount of
gross terminal income received in excess of the amount of gross terminal income received during the
fiscal year ending on the thirtieth day of June, two thousand one, shall be deposited into the fund
established in section eighteen-a, article twenty-two of this chapter.
(c) Net terminal income shall be divided as set out in this subsection. For all fiscal years
beginning on or after the first day of July, two thousand one, any amount of net terminal income received
in excess of the amount of net terminal income received during the fiscal year ending on the thirtieth day
of June, two thousand one, shall be divided as set out in section ten-b of this article. The licensed
racetrack's share is in lieu of all lottery agent commissions and is considered to cover all costs and
expenses required to be expended by the licensed racetrack in connection with video lottery operations.
The division shall be made as follows:
(1) The commission shall receive thirty percent of net terminal income, which shall be paid into
the state lottery fund as provided in section ten-a of this article.;
(2) Fourteen percent of net terminal income at a licensed racetrack shall be deposited in the special
fund established by the licensee and used for payment of regular purses in addition to other amounts
provided for in article twenty-three, chapter nineteen of this code;
(3) The county where the video lottery terminals are located shall receive two percent of the net
terminal income: Provided, That:
(A) Beginning the first day of July, one thousand nine hundred ninety-nine, and thereafter, any
Any amount in excess of the two percent received during fiscal year one thousand nine hundred ninety-
nine by a county in which a racetrack is located that has participated in the West Virginia thoroughbred
development fund since on or before the first day of January, one thousand nine hundred ninety-nine, shall be divided as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipalities of the county shall receive fifty percent of the excess amount, the fifty
percent to be divided among the municipalities on a per capita basis as determined by the most recent
decennial United States census of population; and
(B) Beginning the first day of July, one thousand nine hundred ninety-nine, and thereafter, any
Any amount in excess of the two percent received during fiscal year one thousand nine hundred ninety-
nine by a county in which a racetrack other than a racetrack described in paragraph (A) of this proviso
is located and where the racetrack has been located in a municipality within the county since on or before
the first day of January, one thousand nine hundred ninety-nine, shall be divided, if applicable, as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipality shall receive fifty percent of the excess amount; and
(C) This proviso shall not affect the amount to be received under this subdivision by any county
other than a county described in paragraph (A) or (B) of this subdivision;
(4) One half of one percent of net terminal income shall be paid for and on behalf of all employees
of the licensed racing association by making a deposit into a special fund to be established by the racing
commission to be used for payment into the pension plan for all employees of the licensed racing
association;
(5) The West Virginia thoroughbred development fund created under section thirteen-b, article
twenty-three, chapter nineteen of this code and the West Virginia greyhound breeding development fund
created under section ten of said article shall receive an equal share of a total of not less than one and one-
half percent of the net terminal income: Provided, That for any racetrack which does not have a breeder's
program supported by the thoroughbred development fund or the greyhound breeding development fund,
the one and one-half percent provided for in this subdivision shall be deposited in the special fund
established by the licensee and used for payment of regular purses in addition to other amounts provided
for in subdivision (2) of this subsection and article twenty-three, chapter nineteen of this code;
(6) The West Virginia racing commission shall receive one percent of the net terminal income which shall be deposited and used as provided in section thirteen-c, article twenty-three, chapter nineteen
of this code;
(7) A licensee shall receive forty-seven percent of net terminal income;
(8)(A) The tourism promotion fund established in section twelve, article two, chapter five-b of
this code shall receive three percent of the net terminal income: Provided, That for the fiscal year
beginning the first day of July, two thousand three, the tourism commission shall transfer from the
tourism promotion fund five million dollars of the three percent of the net terminal income described in
this section and section ten-b of this article into the fund administered by the West Virginia economic
development authority pursuant to section seven, article fifteen, chapter thirty-one of this code and ten
million dollars into the capitol renovation and improvement fund administered by the department of
administration pursuant to section six, article four, chapter five-a of this code; and
_____(B) Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for each
fiscal year beginning after the thirtieth day of June, two thousand four, this three percent of net terminal
income and the three percent of net terminal income described in paragraph (B), subdivision (8),
subsection (a), section ten-b of this article shall be distributed as provided in this paragraph as follows:
_____(i) 1.375 percent of the total amount of net terminal income described in this section and in section
ten-b of this article shall be deposited into the tourism promotion fund created under section twelve,
article two, chapter five-b of this code;
_____(ii) 0.375 percent of the total amount of net terminal income described in this section and in
section ten-b of this article shall be deposited into the development office promotion fund created under
section three-b, article two, chapter five-b of this code;
_____(iii) 0.5 percent of the total amount of net terminal income described in this section and in section
ten-b of this article shall be deposited into the research challenge fund created under section ten, article
one-b, chapter eighteen-b of this code;
_____(iv) 0.6875 percent of the total amount of net terminal income described in this section and in
section ten-b of this article shall be deposited into the capitol renovation and improvement fund
administered by the department of administration pursuant to section six, article four, chapter five-a of this code; and
_____(v) 0.0625 percent of the total amount of net terminal income described in this section and in
section ten-b of this article shall be deposited into the 2004 capitol complex parking garage fund
administered by the department of administration pursuant to section five-a, article four, chapter five-a
of this code; and
(9) The remaining one percent of net terminal income shall be deposited as follows:
_____(A) For the fiscal year beginning the first day of July, two thousand three the, The veterans
memorial program shall receive one percent of the net terminal income until sufficient moneys have been
received to complete the veterans memorial on the grounds of the state capitol complex in Charleston,
West Virginia. The moneys shall be deposited in the state treasury in the division of culture and history
special fund created under section three, article one-i, chapter twenty-nine of this code: Provided, That
only after sufficient moneys have been deposited in the fund to complete the veterans memorial and to
pay in full the annual bonded indebtedness on the veterans memorial, not more than twenty thousand
dollars of the one percent of net terminal income provided for in this subdivision shall be deposited into
a special revenue fund in the state treasury, to be known as the 'John F. "Jack" Bennett Fund'. The
moneys in this fund shall be expended by the division of veterans affairs to provide for the placement of
markers for the graves of veterans in perpetual cemeteries in this state. The division of veterans affairs
shall promulgate legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this
code specifying the manner in which the funds are spent, determine the ability of the surviving spouse
to pay for the placement of the marker and setting forth the standards to be used to determine the priority
in which the veterans grave markers will be placed in the event that there are not sufficient funds to
complete the placement of veterans grave markers in any one year, or at all. Upon payment in full of the
bonded indebtedness on the veterans memorial, one hundred thousand dollars of the one percent of net
terminal income provided for in this subdivision shall be deposited in the special fund in the division of
culture and history created under section three, article one-i, chapter twenty-nine of this code and be
expended by the division of culture and history to establish a West Virginia veterans memorial archives
within the cultural center to serve as a repository for the documents and records pertaining to the veterans memorial, to restore and maintain the monuments and memorial on the capitol grounds: Provided,
however, That five hundred thousand dollars of the one percent of net terminal income shall be deposited
in the state treasury in a special fund of the department of administration, created under section five,
article four, chapter five-a of this code, to be used for construction and maintenance of a parking garage
on the state capitol complex; and Provided further, That the remainder of the one percent of net terminal
income shall be deposited in equal amounts in the capitol dome and improvements fund created under
section two, article four, chapter five-a of this code and cultural facilities and capitol resources matching
grant program fund created under section three, article one of this chapter.
(B) For each fiscal year beginning after the thirtieth day of June, two thousand four:
_____(i) Five hundred thousand dollars of the one percent of net terminal income shall be deposited in
the state treasury in a special fund of the department of administration, created under section five, article
four, chapter five-a of this code, to be used for construction and maintenance of a parking garage on the
state capitol complex; and
_____(ii) The remainder of the one percent of net terminal income and all of the one percent of net
terminal income described in paragraph (B), subdivision (9), subsection (a), section ten-b of said article
twenty-two-a shall be distributed as follows: The net terminal income shall be deposited in equal
amounts into the capitol dome and capitol improvements fund created under section two, article four,
chapter five-a of this code and the cultural facilities and capitol resources matching grant program fund
created under section three, article one, chapter twenty-nine of this code until a total of one million five
hundred thousand dollars is deposited into the cultural facilities and capitol resources matching grant
program fund; thereafter, the remainder shall be deposited into the capitol dome and capitol
improvements fund.
(d) Each licensed racetrack shall maintain in its account an amount equal to or greater than the
gross terminal income from its operation of video lottery machines, to be electronically transferred by the
commission on dates established by the commission. Upon a licensed racetrack's failure to maintain this
balance, the commission may disable all of a licensed racetrack's video lottery terminals until full
payment of all amounts due is made. Interest shall accrue on any unpaid balance at a rate consistent with the amount charged for state income tax delinquency under chapter eleven of this code. The interest shall
begin to accrue on the date payment is due to the commission.
(e) The commission's central control computer shall keep accurate records of all income generated
by each video lottery terminal. The commission shall prepare and mail to the licensed racetrack a
statement reflecting the gross terminal income generated by the licensee's video lottery terminals. Each
licensed racetrack shall report to the commission any discrepancies between the commission's statement
and each terminal's mechanical and electronic meter readings. The licensed racetrack is solely
responsible for resolving income discrepancies between actual money collected and the amount shown
on the accounting meters or on the commission's billing statement.
(f) Until an accounting discrepancy is resolved in favor of the licensed racetrack, the commission
may make no credit adjustments. For any video lottery terminal reflecting a discrepancy, the licensed
racetrack shall submit to the commission the maintenance log which includes current mechanical meter
readings and the audit ticket which contains electronic meter readings generated by the terminal's
software. If the meter readings and the commission's records cannot be reconciled, final disposition of
the matter shall be determined by the commission. Any accounting discrepancies which cannot be
otherwise resolved shall be resolved in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the electronic transfer of funds is not
operational or the commission notifies licensed racetracks that remittance by this method is required. The
licensed racetracks shall report an amount equal to the total amount of cash inserted into each video
lottery terminal operated by a licensee, minus the total value of game credits which are cleared from the
video lottery terminal in exchange for winning redemption tickets, and remit the amount as generated
from its terminals during the reporting period. The remittance shall be sealed in a properly addressed and
stamped envelope and deposited in the United States mail no later than noon on the day when the
payment would otherwise be completed through electronic funds transfer.
(h) Licensed racetracks may, upon request, receive additional reports of play transactions for their
respective video lottery terminals and other marketing information not considered confidential by the
commission. The commission may charge a reasonable fee for the cost of producing and mailing any report other than the billing statements.
(i) The commission has the right to examine all accounts, bank accounts, financial statements and
records in a licensed racetrack's possession under its control or in which it has an interest and the licensed
racetrack shall authorize all third parties in possession or in control of the accounts or records to allow
examination of any of those accounts or records by the commission.
§29-22A-10b. Distribution of excess net terminal income.
(a) For all years beginning on or after the first day of July, two thousand one, any Any amount of
net terminal income generated annually by a licensed racetrack in excess of the amount of net terminal
income generated by that licensed racetrack during the fiscal year ending on the thirtieth day of June, two
thousand one, shall be divided as follows:
(1) The commission shall receive forty-one percent of net terminal income, which the commission
shall deposit in the state excess lottery revenue fund created in section eighteen-a, article twenty-two of
this chapter;
(2) Eight percent of net terminal income at a licensed racetrack shall be deposited in the special
fund established by the licensee, and used for payment of regular purses in addition to other amounts
provided for in article twenty-three, chapter nineteen of this code;
(3) The county where the video lottery terminals are located shall receive two percent of the net
terminal income: Provided, That:
(A) Any amount by which the total amount under this section and subdivision (3), subsection (c),
section ten of this article is in excess of the two percent received during fiscal year one thousand nine
hundred ninety-nine by a county in which a racetrack is located that has participated in the West Virginia
thoroughbred development fund since on or before the first day of January, one thousand nine hundred
ninety-nine, shall be divided as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipalities of the county shall receive fifty percent of the excess amount, the fifty
percent to be divided among the municipalities on a per capita basis as determined by the most recent
decennial United States census of population; and
(B) Any amount by which the total amount under this section and subdivision (3), subsection (c),
section ten of this article is in excess of the two percent received during fiscal year one thousand nine
hundred ninety-nine by a county in which a racetrack other than a racetrack described in paragraph (A)
of this proviso is located and where the racetrack has been located in a municipality within the county
since on or before the first day of January, one thousand nine hundred ninety-nine, shall be divided, if
applicable, as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipality shall receive fifty percent of the excess amount; and
(C) This proviso shall not affect the amount to be received under this subdivision by any county
other than a county described in paragraph (A) or (B) of this proviso;
(4) One half of one percent of net terminal income shall be paid for and on behalf of all employees
of the licensed racing association by making a deposit into a special fund to be established by the racing
commission to be used for payment into the pension plan for all employees of the licensed racing
association;
(5) The West Virginia thoroughbred development fund created under section thirteen-b, article
twenty-three, chapter nineteen of this code and the West Virginia greyhound breeding development fund
created under section ten, article twenty-three, chapter nineteen of this code shall receive an equal share
of a total of not less than one and one-half percent of the net terminal income: Provided, That for any
racetrack which does not have a breeder's program supported by the thoroughbred development fund or
the greyhound breeding development fund, the one and one-half percent provided for in this subdivision
shall be deposited in the special fund established by the licensee and used for payment of regular purses,
in addition to other amounts provided for in subdivision (2) of this subsection and article twenty-three,
chapter nineteen of this code;
(6) The West Virginia racing commission shall receive one percent of the net terminal income
which shall be deposited and used as provided in section thirteen-c, article twenty-three, chapter nineteen
of this code;
(7) A licensee shall receive forty-two percent of net terminal income;
(8) The tourism promotion fund established in section twelve, article two, chapter five-b of this
code shall receive three percent of the net terminal income: Provided, That for each fiscal year beginning
after the thirtieth day of June, two thousand four, this three percent of net terminal income shall be
distributed pursuant to the provisions of paragraph (B), subdivision (8), subsection (c), section ten of this
article; and
(9)(A) One percent of the net terminal income shall be deposited in equal amounts in the capitol
dome and improvements fund created under section two, article four, chapter five-a of this code and
cultural facilities and capitol resources matching grant program fund created under section three, article
one of this chapter; and
_____(B) Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for each
fiscal year beginning after the thirtieth day of June, two thousand four, this one percent of net terminal
income shall be distributed pursuant to the provisions of subparagraph (ii), paragraph (B), subdivision
(9), subsection (c), section ten of this article.
(b) The commission may establish orderly and effective procedures for the collection and
distribution of funds under this section in accordance with the provisions of this section and section ten
of this article."
And,
By amending the title of the bill to read as follows
:
Enr. Com. Sub. for S. B. 197 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto two new sections, designated §5A-4-5a and §5A-4-6; to amend and reenact §5B-2-12
of said code; to amend said code by adding thereto a new section, designated §5B-2-3b; to amend said
code by adding thereto a new section, designated §18B-1B-10; and to amend and reenact §29-22A-10
and §29-22A-10b of said code, all relating generally to distribution of net terminal income of racetrack
video lottery terminals and the proceeds thereof for funding purposes; creating a 2004 capitol complex
parking garage fund, a capitol renovation and improvement fund, a development office promotion fund
and a research challenge fund for specified purposes; transferring funds from the tourism promotion fund;
prohibiting members of the tourism commission from participating in the discussion of, or action upon,
an application for or an award of any grant from the tourism promotion fund in which the member has a direct financial interest; and reallocating certain percentages of net terminal income."
The following colloquy was ordered printed in the Journal as part of the proceedings on Enrolled
Com. Sub. for S. B. 197:
Majority Leader: Mr. Speaker, I move that the House concur in the Senate amendment with
amendment, in an effort to meet the objections of the Governor.
Majority Whip: I arise to a point of parliamentary inquiry. Does the House have authority under
the rules and precedents to amend the Senate amendment to an Enrolled Bill?
The Speaker: Having looked into the rules of the House, as well as the Constitution and past
practices, we find ample precedent for the practice of concurring in a Senate amendment with amendment
in the case of a vetoed Enrolled Bill. Such an effort is specifically addressed in Section 14, Article VII
of our Constitution, which reads, in part "...If upon any such reconsideration the bill is amended and
reenacted, then it shall be again sent to the Governor and he shall act upon it as if it were before him for
the first time..." There is no question of the authority of the Legislature to amend an enrolled bill in an
effort to meet the objections of the Governor, and when the Senate, for example, amends its own enrolled
bill which has been vetoed, then the immediately pending question before the House is "Will the House
concur in the Senate amendment in an effort to meet the objections of the Governor?" Parliamentarily
speaking, the amendment of the Senate to its enrolled bill is an amendment to the first degree. A further
House amendment to the Senate amendment is an amendment to the second degree, certainly permissible
under our rules, and we do this frequently. For this reason, it is the ruling of the Chair that there is no
question of the parliamentary authority of the House to amend a pending Senate amendment to an
Enrolled Senate Bill which has been vetoed. The actions of both houses in this regard are in total keeping
with the parliamentary authority inherent in the Legislature to resolve a question between not only both
houses but, in this instance, in an effort to meet the objections of the Governor. I point out that the
affirmative vote of a majority of the members elected to each house is necessary to again pass the bill,
and that should the House proceed to concur in the Senate amendment with a further amendment, then
the bill must again be passed by a majority of those elected to the House and it must make another trip
back to the Senate, where it must again be passed by a majority of those elected to that body.
On motion of Delegate Staton, the House of Delegates then concurred in the Senate amendments with amendment, in an effort to meet the objections of the Governor, as follows:
On page four, section ten, after line twenty-two, by striking out subdivisions (1) and (2) in their
entirety and inserting in lieu thereof the following:
"The moneys deposited in this fund shall be used to fund coal research and development projects
at institutions of higher education located in this state. Research includes, but is not limited to, carbon
sequestration and carbon technology research and development projects. The moneys deposited in this
fund shall also be used to fund other research and development projects at institutions of higher education
in this state."
On page thirteen, section ten, line eight, following the words "of this code", by striking out the
words "and ten" and inserting in lieu thereof a comma and the word "five".
And,
On page thirteen, section ten, line eleven, after the words "of this code", by striking out the
semicolon and inserting in lieu thereof a comma and the words "and five million dollars into the tax
reduction and federal funding increased compliance fund" followed by a semicolon.
On the passage of the bill, the Speaker propounded, "Shall the bill pass, as amended by the Senate
and as further amended by the House, in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 778), and there were--yeas 85, nays 10,
absent and not voting 5, with the yeas, nays and absent and not voting being as follows:
Yeas: Amores, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Brown, Browning,
Butcher, Calvert, Campbell, Cann, Canterbury, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle,
Duke, Ennis, Evans, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman,
Hatfield, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Long, Mahan, Manuel, Martin, Mezzatesta,
Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Romine,
Schadler, Schoen, Shaver, Shelton, Sobonya, Stalnaker, Staton, Stemple, Susman, Swartzmiller, Tabb,
Talbott, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White,
H. White, Williams, Wright, Yeager, Yost and Mr. Speaker, Mr. Kiss.
Nays: Anderson, Border, Caputo, Ellem, Leggett, Louisos, Manchin, Smirl, Sumner and R.
Thompson.
Absent And Not Voting: Coleman, Faircloth, Houston, Renner and Spencer.
So, a majority of the members elected to the House of Delegates having voted in the affirmative,
the Speaker declared the bill (Enr. Com. Sub. for S. B. 197) passed, as a result of the objections of the
Governor.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 779), and there were--yeas 92, nays 2,
absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Ellem and Sumner.
Absent And Not Voting: Coleman, Duke, Faircloth, Houston, Renner and Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative,
the Speaker declared the bill (Enr. Com. Sub. for S. B. 197) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Miscellaneous Business
Delegate Carmichael requested that the Journal record him as voting "Nay" on the House
amendment to the Senate amendment to Enr. Com. Sub. for S. B. 197.
Delegate Paxton announced that he was absent on today when the votes were taken on Roll Nos.
773 through 775, and that had he been present, he would have voted "Yea" thereon.
Delegate Foster asked and obtained unanimous consent that the remarks of Delegate Webb
regarding his legislative service in the House of Delegates be printed in the Appendix to the Journal.
At 5:55 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:15 p.m., and
reconvened at that time.
* * * * * * * * * *
Evening Session
* * * * * * * * * *
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendments of the House of Delegates to the Senate amendments to, and the passage, as amended, by a vote of a majority of all the
members elected to the Senate taken by yeas and nays, notwithstanding the objections of the Governor,
to take effect from passage, of
Enr. Com. Sub. for S. B. 197, Relating generally to distribution of net terminal income of
racetrack video lottery terminals.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, submitting
revised estimates of revenue, which was read by the Clerk, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 21, 2004
EXECUTIVE MESSAGE NO. 4
2004 REGULAR SESSION
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
The following amends and replaces the "FY 2005 Official Estimate" "General Revenue Fund -
Statement of Revenues by Source" which I submitted to you on January 14, 2004 as part of my Executive
Budget Document for the fiscal year ending June 30, 2005:
General Revenue Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2005
Official
Source of Revenue_____________________________________Estimate
Business and Occupation Tax $ 172,500 1
Consumers Sales Tax 946,400 2
Personal Income Tax 1,101,300 3
Liquor Profit Transfers 9,000
Racing Fees 3,000
Beer Tax and Licenses 8,400
Cigarette Tax 96,000 4
Estate Tax 4,500 5
Business Franchise Fees 1,900
Charter Tax 5,300
Use Tax 93,000
Property Transfer Tax 9,000
Property Tax 4,300
Insurance Tax 96,500
Departmental Collections 15,000
Corporate Income/Business Franchise Tax 173,000 6
Miscellaneous Transfers 300
Interest Income 14,000
Severance Tax 162,000 7
Telecommunication Tax 11,000
Miscellaneous Receipts 2,000
Smokeless Tobacco Tax 4,800 8
HB102 - Lottery Transfers 87,800
Video Lottery Transfers 0
Liquor License Renewal 0
Special Revenue Transfer 23,250 9
JOBS/Growth Tax Relief - Transfer 0 10
Tax Amnesty ____________________________10,000
Total $________________________3,054,250___________11
1 Revised from $ 172,000 to $ 172,500 - Increase of $
500
2 Revised from $ 950,900 to $ 946,400 - Decrease of $
4,5
00
3 Revised from $ 1,098,000 to $ 1,101,300 - Increase of $
3,3
00
4 Revised from $ 126,500 to $ 96,000 - Decrease of $
30,
500
5 Revised from $ 9,600 to $ 4,500 - Decrease of $
5,1
00
6 Revised from $ 172,500 to $ 173,000 - Increase of $
500
7 Revised from $ 156,000 to $ 162,000 - Increase of $
6,0
00
8 Revised from $ 11,400 to $ 4,800 - Decrease of $
6,6
00
9 Revised from $ 4,250 to $ 23,250 - Increase of $
19,
000
10 Revised from $ 6,624 to $ 0 - Decrease of $ 6,6
24
11 Revised from $ 3,078,274 to $ 3,054,250 - Decrease of $
24,
024
This change is necessary in order to adjust the revenue estimate downward by $46,100,000 due
to the failure of proposed legislation to amend the tax revenues derived from all-terrain vehicles, cigarette
tax, estate tax, and the smokeless tobacco tax. The amount for Special Revenue Transfer has also been
increased by $19,000,000 due to the passage of HB 4601 which redirects funds from the School Building
Authority into the General Revenue Fund for FY 2005.
The lines for Business and Occupation Tax, Personal Income Tax, Corporate Net Income
Tax/Business Franchise Tax, and Severance Tax have been increased a total of $10,000,000 due to
passage of HB 3189 related to capital company tax credits. Other smaller adjustments have been
recognized related to prepaid tuition and mortgage broker sales tax revisions.
In addition, the amount for the Jobs/Growth Tax Relief - Transfer was deleted due to those funds
being redirected to other areas.
Thank you for your cooperation in this matter.
Sincerely,
Bob Wise,
Governor.
In accordance with Article VI, Section 51 of the Constitution, the message was received and
referred to the Committee on Finance.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were
granted Delegates Faircloth, Houston, Renner and Spencer.
At the request of Delegate Butcher, and by unanimous consent, permission was granted the Joint
Committee on Enrolled Bills, after it had 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 this session of the Legislature, to file its report with the Clerk and that such reports be included in the final Journal of
this session, and that communications from His Excellency, the Governor, as to his action on bills after
adjournment of the session, also be included in the Journal.
In accordance with the foregoing unanimous consent request, Delegate Butcher filed reports of
the Joint Committee on Enrolled Bills as follows
March 22, 2004
(Com. Sub. for H. B. 2914), Relating to the rehabilitation and liquidation of insurers subject to
the regulatory authority of the West Virginia insurance commissioner,
(Com. Sub. for H. B. 4001), Ensuring safer schools and empowering teachers by automating
student suspension and expulsion data,
(Com. Sub. for H. B. 4033), Authorizing the issuance of new parkway revenue bonds,
(H. B. 4040), Relating to criteria for making decisions affecting the filling of vacancies if one or
more permanently employed instructional personnel apply for a classroom teaching position,
(H. B. 4084), West Virginia Pharmaceutical Availability and Affordability Act,
(Com. Sub. for H. B. 4211), Authorizing the Department of Transportation to promulgate
legislative rules,
(Com. Sub. for H. B. 4217), Authorizing the department of tax and revenue to promulgate
legislative rules,
(Com. Sub. for H. B. 4271), Requiring all schools to permit students to self-administer asthma
medication,
(Com. Sub. for H. B. 4291), Continuing education requirements for licensed healthcare
professionals on the subject of end-of-life care training,
(Com. Sub. for H. B. 4294), Removing the requirement that funds expended from the worthless
check fund to pay for additional deputy clerks be proportionate to the time expended on worthless check
cases,
(Com. Sub. for H. B. 4297), Clarifying that the county board of education and its superintendent
may designate the places where competency testing for service personnel will be held,
(H. B. 4304), Continuing the children's health insurance board,
(H. B. 4350), Continuing the West Virginia state police,
(Com. Sub. for H. B. 4412), Requiring the children's health insurance board to submit a
modification of its benefit plan,
(H. B. 4415), Giving the state auditor flexibility in determining when to conduct audits on local
government offices,
(Com. Sub. for H. B. 4450), Permitting the sale of timber severed in a state park incidental to
construction activities,
(Com. Sub. for H. B. 4455), Extending the term of the waste tire remediation funds,
(H. B. 4478), Lengthening the time period which county boards are required to publish a year-end
financial statement,
(H. B. 4479), Continuing the department of health and human resources,
(H. B. 4530), Continuing the meat and poultry inspection program,
(Com. Sub. for H. B. 4559), Providing urban mass transportation authorities expanded
competitive procurement procedures for the purchase of supplies, equipment and materials,
(H. B. 4737), Providing options for members of teachers retirement to make contributions for
periods of temporary total disability,
(H. B. 4745), Relating to administration of repairs to vehicles and equipment by the division of
highways,
(Com. Sub. for S. B. 71), Relating to verifying legal employment status of workers employed
in state,
(S. B. 160), Extending time to appropriate money from public employees insurance agency
reserve fund to bureau of medical services,
(S. B. 200), Requiring state police annually report to Legislature effectiveness of recruiting
minorities,
(Com. Sub. for S. B. 208), Allowing state police to engage in certain political activities while
off duty and out of uniform,
(S. B. 286), Relating to assessment of regulated consumer lenders,
(S. B. 319), Relating to centers for housing young adult offenders,
(S. B. 323), Continuing office of explosives and blasting,
(Com. Sub. for S. B. 327), Authorizing department of administration to promulgate legislative
rules,
(Com. Sub. for S. B. 350), Authorizing bureau of commerce to promulgate legislative rules,
(S. B. 402), Relating to authority of board of risk and insurance management to promulgate
certain legislative rules,
(Com. Sub. for S. B. 408), Relating generally to levies by county boards of education and
expenditure of property taxes collected,
(Com. Sub. for S. B. 431), Establishing Interstate Insurance Product Regulation Compact,
(S. B. 448), Relating to higher education advisory boards generally,
(Com. Sub. for S. B. 456), Requiring state agencies administering funds or grants notify grantee
in certain cases,
(S. B. 480), Exempting nonprofit licensed nursing homes from registration under solicitation of
charitable funds act,
(S. B. 482), Reclassifying juvenile detention and corrections facility employees,
(S. B. 512), Authorizing rules of higher education policy commission relating to HEAPS;
purchasing efficiencies,
(S. B. 517), Relating to valuation of annuities,
(S. B. 526), Making supplementary appropriation of public moneys from unappropriated surplus
balance in general revenue to division of rehabilitation services,
(Com. Sub. for S. B. 554), Continuing guardianship or conservatorship of deceased protected
persons,
(Com. Sub. for S. B. 566), Establishing Unborn Victims of Violence Act,
(S. B. 569), Clarifying and preserving irrevocability of certain trusts,
(S. B. 574), Allowing commissioner to sell liquor warehouse under certain circumstances,
(S. B. 577), Continuing board of registration for foresters,
(S. B. 631), Relating to state fertilizer law,
(S. B. 636), Relating to employment of members of teachers defined benefit retirement system,
(S. B. 645), Appointing interim judges to court of claims,
(S. B. 671), Clarifying appeal bond procedures relating to master tobacco settlement,
(Com. Sub. for S. B. 675), Relating to outdoor advertising revenues,
(Com. Sub. for S. B. 700), Requiring state agencies make timely payments for
telecommunications services; other provisions,
(S. B. 713), Expiring funds to unappropriated balance of general revenue from board of risk and
insurance management, premium tax savings fund,
(S. B. 714), Expiring funds to unappropriated balance of general revenue from insurance
commission fund,
(S. B. 715), Expiring funds to unappropriated balance of general revenue from public service
commission,
(S. B. 717), Terminating agencies following full performance evaluations,
(S. B. 718), Authorizing board of examiners of psychologists set fees by rule.
And,
(S. B. 734), Extending time for town council of Smithers to meet as levying body for election of
additional levy.
March 25, 2004
(H. B. 4371), Extending the pilot program for the uninsured and underinsured,
(H. B. 4709), Allowing the commissioner of labor to charge fees for laboratory services and
calibrations,
(H. B. 4748), Supplemental appropriation in the state excess lottery revenue fund, to the lottery
commission - refundable credit,
(H. B. 4749), Supplementing, amending and increasing items of the existing appropriations from
the state road fund to the department of transportation, division of highways,
(H. B. 4750), Supplemental appropriation of federal funds out of the treasury from the balance
of moneys remaining unappropriated to the department of education - state department of education,
(H. B. 4751), Supplemental appropriation to the department of military affairs and public safety
- adjutant general - state militia,
(H. B. 4752), Supplemental appropriation to the department of tax and revenue - division of
banking,
(H. B. 4754), Supplemental appropriation to the department of transportation - division of motor
vehicles,
(H. B. 4755), Supplemental appropriation to a new item of appropriation designated the coal
heritage highway authority,
(H. B. 4756), Supplemental appropriation to the West Virginia state board of examiners for
licensed practical nurses,
(H. B. 4757), Supplemental appropriation to the department of military affairs and public safety
- division of criminal justice services,
(H. B. 4758), Supplemental appropriation to the department of military affairs and public safety
- division of criminal justice services - juvenile accountability incentive,
(H. B. 4760), Supplemental appropriation to the governor's office - office of economic
opportunity,
(H. B. 4761), Supplemental appropriation to the department of agriculture - donated food fund,
(H. B. 4762), Supplemental appropriation to the department of military affairs and public safety
- office of emergency services
(H. B. 4763), Extending the time for the city council of Dunbar to meet as a levying body for the
purpose of presenting to the voters of the city an election to continue an additional city levy,
(Com. Sub. for S. B. 28), Exempting certain personal property from levy, forced sale, attachment
or execution,
(Com. Sub. for S. B. 125), Permitting solicitation of certain state employees for contributions
to certain campaigns in local or county elections,
(Com. Sub. for S. B. 133), Budget bill,
(Com. Sub for S. B. 143), Relating to small employer accident and sickness insurance policies,
(S. B. 148), Creating Tax Amnesty Program of 2004,
(S. B. 536), Relating to claims against state,
(S. B. 575), Continuing motor vehicle dealers advisory board,
(S. B. 578), Continuing design-build board,
(Com. Sub. for S. B. 596), Relating to powers and duties of board of directors of state board of
risk and insurance management,
(Com. Sub. for S. B. 672), Relating to municipalities' right to collect public utility fees,
(S. B. 697), Delegating motor carrier inspector duties to weight enforcement officers,
(S. B. 720), Relating to unused state private activity bond volume cap,
(S. B. 722), Repealing section prohibiting giving away or selling liquor in buildings where boxing
is held,
And,
(S. B. 726), Continuing steel advisory commission and steel futures program.
March 26, 2004
(Com. Sub. for H. B. 2200),Creating the felony offense of destruction of property,
(Com. Sub. for H. B. 2088), Authorizing local law-enforcement officers who are members of
drug task forces to have access to prescription drug monitoring data,
(Com. Sub. for H. B. 2423), Awarding high school diplomas to certain veterans,
(Com. Sub. for H. B. 3097), Prescribing proper venue in civil actions involving West Virginia
university and Marshall university,
(Com. Sub. for H. B. 3189), Reducing the total tax credits available under the capital company
act during the fiscal year beginning on the first day of July, two thousand four,
(Com. Sub. for H. B. 4004), Establishing an insurance fraud unit within the office of the
insurance commissioner,
(Com. Sub. for H. B. 4086), Including Gulf War and Afghanistan conflict veterans on the
veterans' council,
(H. B. 4107), Allowing licensees of charitable bingo and raffle games to transfer game proceeds
between their bingo and raffle operations,
(H. B. 4134), Substituting the governor's chief technology officer as a member of the employee
suggestion award program,
(Com. Sub. for H. B. 4257), Increasing the amount of prizes that may be given in the conduct of charitable raffles without a license,
(Com. Sub. for H. B. 4266), Requiring regulatory agencies of government, with exceptions, to
study ways to expedite the issuance of licenses, permits and certificates,
(H. B. 4295), Exempting state bonds from taxation,
(Com. Sub. for H. B. 4354), Authorizing county commissions to adopt ordinances to reduce false
alarms,
(Com. Sub. for H. B. 4388), Creating new misdemeanor and felony offenses and associated
penalties related to the possession, creation and use of original, duplicated, altered or counterfeit retail
sales receipts and universal product code labels with the intent to defraud,
(H. B. 4403), Repealing the requirement of affidavits acknowledging receipt of compensation,
(H. B. 4451), Clarifying that the economic development authority and tax commissioner are
authorized to require certain examination and compliance actions,
(H. B. 4464), Extending the time for the county commission of Cabell County to present to the
voters an election to consider an excess levy for fire protection services, firefighting training and
economic development,
(Com. Sub. for H. B. 4492), Creating the criminal offense of soliciting a minor via computer,
(H. B. 4521), Increasing the current annual registration fee for underground storage tanks and
requiring the DEP to annually report on the status of the fund and the underground storage tank program,
(H. B. 4552), Relating to grounds for the revocation of teacher certificates,
(Com. Sub. for H. B. 4561), Authorizing the director of the division of natural resources to allow
nonresidents to train dogs for coon hunting,
(H. B. 4587), Including persons who are members or consultants to review organizations within
the definition of health care professionals for peer review purposes,
(H. B. 4601), Relating to public education generally,
(Com. Sub. for H. B. 4605), Clarifying certain provisions of the West Virginia Code as they
relate to domestic violence offenses and related protective orders that are issued by various courts,
(H. B. 4627), Honoring academic performance of West Virginians graduating from U.S. military
academies,
(H. B. 4658), Relating to defense of self, others and property and providing limited immunity
from civil liability,
(Com. Sub. for S. B. 139), Creating Tourism Development Act,
(Com. Sub. for S. B. 149), Relating generally to department of tax and revenue,
(Com. Sub. for S. B. 161), Creating Model Health Plan for Uninsurable Individuals Act,
(Com. Sub. for S. B. 163), Establishing Water Resources Protection Act,
(Com. Sub. for S. B. 230), Relating to definitions of casualty insurance and federal flood
insurance; other provisions,
(Com. Sub. for S. B. 271), Relating to racial profiling data collection,
(Com. Sub. for S. B. 320), Relating to certification of title for mobile and manufactured homes,
(S. B. 321), Providing personal income tax adjustment to gross income of certain retirees,
(Com. Sub. for S. B. 399), Authorizing miscellaneous boards and agencies to promulgate
legislative rules,
(Com. Sub. for S. B. 404), Clarifying term "behavioral health services"; removing "community
care services",
(S. B. 406), Relating to victim notification of defendant's release,
(S. B. 418), Allowing certain sheriff employees to carry deadly weapons,
(Com. Sub. for S. B. 420), Relating generally to motor fuels excise tax,
(S. B. 444), Requiring county litter control officers to enforce litter laws,
(S. B. 450), Relating to long-term care insurance policies,
And,
(S. B. 479), Relating to licensing foreign insurers.
March 31, 2004
(Com. Sub. for H. B. 2755), Creating a criminal penalty for persons receiving stolen property
that was obtained by means other than through the commission of a theft,
(H. B. 2991), Relating to the fee charged by fiduciary commissioners in settling an estate,
(Com. Sub. for H. B. 4009), Creating a position for a state Americans with disabilities
coordinator within the department of administration,
(Com. Sub. for H. B. 4019), Prohibiting the division of motor vehicles' sale of personal
information for bulk distribution of surveys, marketing and solicitations,
(Com. Sub. for H. B. 4037), Providing for safe schools through alternative education programs
and providing certain juvenile justice records to public school officials,
(Com. Sub. for H. B. 4043), Establishing the priority for early childhood education in the basic
skills of reading, mathematics and English language arts,
(H. B. 4083), Continuing the veterans' council,
(H. B. 4119), Allowing a phase-in of the transfer of hotel taxing authority when a municipality
annexes a hotel to allow the retirement of any debt incurred by the county or to otherwise phase in the
transfer of taxing authority to the municipality,
(H. B. 4140), Requiring the ethics commission to establish a code of conduct for state
administrative law judges,
(Com. Sub. for H. B. 4148), Allowing bail bondsmen to deliver offenders to county or regional
jails without bailpiece if a magistrate or circuit clerk is inaccessible,
(Com. Sub. for H. B. 4156), Providing the West Virginia state police with the ability to define
and draw DNA samples from convicted felons for the purpose of maintaining a DNA database,
(Com. Sub. for H. B. 4166), Removing the description requirements in deeds for easements and
rights-of-way for mineral leases,
(Com. Sub. for H. B. 4193), Authorizing the Department of Environmental Protection to
promulgate legislative rules,
(H. B. 4247), Clarifying that the board of registration for professional engineers may assess civil
penalties,
(Com. Sub. for H. B. 4250), Providing good faith protection for licensed psychologists and
psychiatrists acting upon appointment by a court in child custody cases,
(Com. Sub. for H. B. 4318), Imposing personal income tax on funds withdrawn from a prepaid
college tuition contract or other college savings plans,
(Com. Sub. for H. B. 4364), Including division of forestry employees in the assault and battery
statute with similar state personnel,
(Com. Sub. for H. B. 4374), Relating to manufactured housing construction and safety standards,
(H. B. 4411), Changing certain reporting requirements in the West Virginia workforce investment
act,
(H. B. 4418), Continuing the board of architects,
(H. B. 4419), Continuing the board of landscape architects,
(Com. Sub. for H. B. 4433), Creating the crime of abuse and neglect of an elderly person and
the crime of misuse or misappropriation of the funds or assets of an elderly person,
(H. B. 4456), Extending the time for the Harrison County commission to submit a proposed levy
to the Harrison County voters for approval or rejection intended to finance vital public services,
(Com. Sub. for H. B. 4501), Creating exemptions from the consumers sales and services tax for
e-commerce vendors and other high technology businesses,
(H. B. 4532), Continuing the state fire commission,
(Com. Sub. for H. B. 4536), Establishing the law-enforcement reemployment act,
(H. B. 4553), Relating to standards for awarding certificates to teach in the public schools,
(H. B. 4581), Continuing the division of protective services,
(H. B. 4582), Limiting the division of labor elevator inspectors to inspection of elevators in state
owned buildings,
(H. B. 4622), Repealing the section of the code relating to the exemption of lottery prizes from
taxation,
(H. B. 4623), Repealing the section of the code relating to expenditure of excess in collections
upon approval of governor,
(H. B. 4625), Authorizing the tourism commission the use of the tourism promotion fund to
support the 2004 Pete Dye West Virginia Classic,
(H. B. 4634), Requiring persons incarcerated in county and regional jails who have been
convicted of a misdemeanor reimburse the county for the cost incurred for his or her incarceration,
(H. B. 4641), Establishing a credentialing program for dialysis technicians by the board of
registered professional nurses,
(Com. Sub. for H. B. 4655), Giving the children's health insurance program the right of subrogation,
(H. B. 4669), Providing for establishment of special five-year demonstration professional
development school project,
(H. B. 4671), Relating to the disposal of law enforcement weapons when replaced due to routine
wear,
(H. B. 4672), Relating to calculation of workers' compensation premiums for members of limited
liability companies,
(Com. Sub. for S. B. 197), Relating generally to distribution of net terminal income of racetrack
video lottery terminals,
(Com. Sub. for S. B. 204), Relating to strategic research and development tax credit,
(S. B. 316), Providing procedures for determining daily cost for certain inmates,
(Com. Sub. for S. B. 460), Relating to regulating surveyors and underground surveyors,
(Com. Sub. for S. B. 508), Relating to commission on arts,
(Com. Sub. for S. B. 513), Relating to jobs investment trust board,
(S. B. 573), Providing procedure for economic development authority to address problems of state
minorities,
(Com. Sub. for S. B. 616), Relating to environmental protection advisory council,
(Com. Sub. for S. B. 637), Relating to factory-built home sites; other provisions,
(S. B. 638), Relating to special registration plates generally,
(S. B. 673), Regulating weights of vehicles on roads and highways generally,
(Com. Sub. for S. B. 694), Establishing Fairness in Competitive Bidding Act,
(Com. Sub. for S. B. 701), Authorizing certain taxes imposed by municipalities; other provisions,
And,
(S. B. 719), Increasing tax on providers of nursing facility services.
April 1, 2004
(Com. Sub. for H. B. 2268), Teachers and substitute teachers as professional educators and
addressing the critical need and shortage thereof,
(Com. Sub. for H. B. 2801), Requiring the ethics commission to furnish copies of all advisory opinions issued by the commission to the West Virginia Legislature and the supreme court law library,
(H. B. 3150), Barring state officers, agencies or entities from requiring that surety, payment,
performance or bid bonds be obtained from any particular company,
(H. B. 4008), Abolishing the insurance and retirement division and creating a new employee and
insurance services division,
(Com. Sub. for H. B. 4047), Creating a high growth business investment tax credit to encourage
investment by state citizens and businesses in certain companies started by fellow West Virginians,
(Com. Sub. for H. B. 4072), Providing for a unified approach to the long-term planning and
implementation of technology in the public schools,
(Com. Sub. for H. B. 4085), Clarifying certain terms related to the Ron Yost Personal Assistance
Services Act,
(Com. Sub. for H. B. 4205), Authorizing the department of health and human resources to
promulgate legislative rules,
(Com. Sub. for H. B. 4259), Revising the composition, powers and duties of the Governor's
Cabinet on Children and Families,
(Second Enrollment H. B. 4308), Providing immunity from civil damages to workers who in
good faith provides services or materials, without remuneration, to build or install certain universal
accessibility features in accordance with applicable state and federal laws,
(H. B. 4330), Revising the law governing vital records,
(H. B. 4480), Continuing West Virginia's participation in the interstate commission on the
Potomac River basin,
(Com. Sub. for H. B. 4516), Relating to the state conservation committee and conservation
districts,
(H. B. 4531), Continuing the public employees insurance agency finance board,
(H. B. 4567), Relating to the motor carrier road tax and international fuel tax agreement,
(H. B. 4740), Relating to the establishment, initial funding and operation of a patient injury
compensation fund,
(H. B. 4746), Relating generally to the state treasurer's office,
(Com. Sub. for S. B. 176), Relating to investments and investment practices of insurance
companies,
(S. B. 317), Increasing parolee supervision fee,
(S. B. 428), Relating to captive insurance companies,
(Com. Sub. for S. B. 454), Relating to land-use planning,
(Com. Sub. for S. B. 505), Creating motor vehicle classification of "low-speed vehicle",
(Com. Sub. for S. B. 516), Establishing eastern panhandle transportation authority,
(Com. Sub. for S. B. 518), Relating to policemen and firemen required to work during holidays;
compensation,
(Com. Sub. for S. B. 533), Authorizing division of corrections charge certain adult offenders
transfer application fee,
(Com. Sub. for S. B. 556), Exempting retailers of automobiles and trucks from definition of
credit services organizations,
And,
(S. B. 558), Relating to misuse of power of attorney or other fiduciary relationship; penalty.
April 2, 2004
(H. B. 4055), Creating a compact between states for the protection and return of juvenile
offenders, runaways and other juveniles,
(H. B. 4068), Allowing the hunting of coyotes by use of amber colored artificial light with certain
restrictions.
(Com. Sub. for H. B. 4123), Authorizing the supreme court of appeals to create a panel of senior
magistrate court clerks,
(Com. Sub. for H. B. 4303), Relating to Gramm-Leach-Bliley and reciprocity,
(Second Enrollment Com. Sub. for H. B. 4377), Assessing a penalty on those physicians who
fail to pay the special assessment,
(H. B. 4453), Relating to the deputy sheriff's retirement system,
(H. B. 4468), Allowing housing development authorities to pay for persons of eligible income
the costs of preparation and recording of any title instrument, deed of trust, note or security instrument and the amount of impact fees imposed,
(H. B. 4523), Allowing certain racing associations or licensees qualifying for an alternate tax to
increase the number of races each performance,
(Com. Sub. for H. B. 4607), Conferring the duties of the industrial revenue bond allocation
review committee to the board of the West Virginia economic development authority.
And,
(H. B. 4624), Relating generally to tax increment financing.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three to
notify the Senate that the House of Delegates had completed the business of the Second Regular Session
of the Seventy-sixth Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Manuel, Perdue and Smirl.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three on the
part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency,
the Governor, that the Legislature was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Manuel, Perdue and Smirl.
Messages from the Senate
A message from the Senate, by
Senators Rowe, White and Smith, announced that the Senate had completed the business of this
Second Regular Session and was ready to adjourn sine die.
Delegate Manuel, from the committee to notify the Senate of impending sine die adjournment,
announced that the committee had performed that duty.
Delegate Manuel, from the committee to inform His Excellency, the Governor, that the
Legislature had completed the business of this Second Regular Session and was ready to adjourn sine
die, announced the performance of that duty.
Messages from the Executive
Subsequent to the adjournment of the session, communications were received from His
Excellency, the Governor, advising that on March 18, 2004, he approved S. B. 199, S. B. 296 and S. B.
471; on March 22, 2004, he approved H. B. 4097, Com. Sub. for H. B. 4168, Com. Sub. for H. B. 4517,
H. B. 4546, H. B. 4547, H. B. 4548, H. B. 4549, H. B. 4550, H. B. 4551, S. B. 526, S. B. 577, S. B. 713,
S. B. 714 and S. B. 715; on March 23, 2004, he approved S. B. 100, Com. Sub. for S. B. 181, S. B. 469,
S. B. 470, S. B. 506, S. B. 576 and S. B. 645; on March 25, 2004, he approved, Com. Sub. for H. B. 3096,
Com. Sub. for H. B. 4027, Com. Sub. for H. B. 4104, H. B. 4157, Com. Sub. for H. B. 4143, Com. Sub.
for H. B. 4200, H. B. 4248, Com. Sub. for H. B. 4299, Com. Sub. for H. B. 4373, Com. Sub. for H. B.
4491, H. B. 4454, H. B. 4598 and Com. Sub. for H. B. 4649; on March 26, 2004, he approved H. B. 4748,
H. B. 4749, H. B. 4750, H. B. 4751, H. B. 4752, H. B. 4754, H. B. 4755, H. B. 4756, H. B. 4757, H. B.
4758, H. B. 4760, H. B. 4761 and H. B. 4762; on March 30, 2004, he approved Com. Sub. for S. B. 161;
on March 31, 2004, he approved S. B. 200, Com. Sub. for S. B. 271, S. B. 573, Com. Sub. for H. B. 4004,
Com. Sub. for H. B. 4019 and H. B. 4669; on April 1, 2004, he approved Com. Sub. for H. B. 4047, H.
B. 4107, H. B. 4134, Com. Sub. for H. B. 4217, H. B. 4451, Com. Sub. for H. B. 4501, H. B. 4587, Com.
Sub. for S. B. 139, S. B. 148, Com. Sub. for S. B. 204, Com. Sub. for S. B. 556 and S. B. 558; on April
2, 2004, he approved Com. Sub. for H. B. 2088, Com. Sub. for H. B. 2423, H. B. 4371, Com. Sub. for
H. B. 4388, H. B. 4521, H. B. 4552, H. B. 4627, H. B. 4658, H. B. 4740, Com. Sub. for S. B. 28, Com.
Sub. for S. B. 143, Com. Sub. for S. B. 230, Com. Sub. for S. B. 320, Com. Sub. for S. B. 404, Com. Sub.
for S. B. 420, Com .Sub. for S. B. 431, S. B. 450, Com. Sub. for S. B. 505, Com. Sub. for S. B. 516, Com.
Sub. for S. B. 518, Com. Sub. for S. B. 533, S. B. 575, Com. Sub. for S. B. 596, S. B. 720 and S. B. 726;
on April 5, 2004, he approved Com. Sub. for H. B. 2200, Com. Sub. for H. B. 2268, Com. Sub. for H.
B. 2755, Com. Sub. for H. B. 2914, H. B. 4040, Com. Sub. for H. B. 4068, Com. Sub. for H. B. 4072,
Com. Sub. for H. B. 4086, Com. Sub. for H. B. 4123, H. B. 4140, Com. Sub. for H. B. 4148, Com. Sub.
for H. B. 4156, Com. Sub. for H. B. 4166, Com. Sub. for H. B. 4193, Com. Sub. for H. B. 4205, H. B.
4247, Com. Sub. for H. B. 4250, Com. Sub. for H. B. 4257, Com. Sub. for H. B. 4266, Com. Sub. for H.
B. 4271, Com. Sub. for H. B. 4294, H. B. 4295, Com. Sub. for H. B. 4318, Com. Sub. for H. B. 4364,
H. B. 4403, H. B. 4411, Com. Sub. for H. B. 4412, H. B. 4415, Com. Sub. for H. B. 4433, Com. Sub. for H. B. 4455, H. B. 4456, H. B. 4478, H. B. 4479, H. B. 4480, H. B. 4530, H. B. 4532, Com. Sub. for H.
B. 4536, H. B. 4553, H. B. 4582, H. B. 4625, H. B. 4634, H. B. 4641, Com. Sub. for H. B. 4671, H. B.
4672, H. B. 4737, H. B. 4763, Com. Sub. for S. B. 71, Com. Sub. for S. B. 125, Com. Sub. for S. B. 208,
S. B. 286, S. B. 317, S. B. 319, S. B. 323, Com. Sub. for S. B. 327, Com. Sub. for S. B. 350, Com. Sub.
for S. B. 399, S. B. 402, S. B. 406, S. B. 428, S. B. 479, S. B. 480, S. B. 482, Com. Sub. for S. B. 508,
S. B. 512, Com. Sub. for S. B. 513, S. B. 517, Com. Sub. for S. B. 554, S. B. 569, S. B. 574, S. B. 578,
S. B. 631, Com. Sub. for S. B. 637, S. B. 638, S. B. 671, Com. Sub. for S. B. 672, Com. Sub. for S. B.
675, S. B. 697, S. B. 717, S. B. 718, S. B. 722 and S. B. 734; on April 6, 2004, he approved Com. Sub.
for H. B. 2801, H. B. 2991, Com. Sub. for H. B. 3097, Com. Sub. for H. B. 3189, Com. Sub. for H. B.
4001, H. B. 4008, Com. Sub. for H. B. 4009, Com. Sub. for H. B. 4033, Com. Sub. for H. B. 4037, Com.
Sub. for H. B. 4043, H. B. 4055, H. B. 4083, H. B. 4084, Com. Sub. for H. B. 4085, Com. Sub. for H.
B. 4259, Com. Sub. for H. B. 4303, H. B. 4330, Com. Sub. for H. B. 4374, H. B. 4419, Com. Sub. for
H. B. 4450, H. B. 4453, H. B. 4464, Com. Sub. for H. B. 4492, Com. Sub. for H. B. 4516, H. B. 4531,
Com. Sub. for H. B. 4561, H. B. 4567, H. B. 4581, Com. Sub. for H. B. 4607, H. B. 4622, H. B. 4624,
Com. Sub. for H. B. 4655, H. B. 4709, H. B. 4746, Com. Sub. for S. B. 149, Com. Sub. for S. B. 163,
Com. Sub. for S. B. 197, S. B. 321, Com. Sub. for S. B. 408, S. B. 444, Com. Sub. for S. B. 456, Com.
Sub. for S. B. 460, Com. Sub. for S. B. 701; and on April 7, 2004, he approved H. B. 3150, Com. Sub.
for H. B. 4211, H. B. 4291, Com. Sub. for H. B. 4297, H. B. 4303, Enr. H. B. 4308, H. B. 4350, Enr.
Com. Sub. for H. B. 4377, H. B. 4418, H. B. 4468, H. B. 4523, H. B. 4559, H. B. 4601, Com. Sub. for
H. B. 4605, H. B. 4745, Com. Sub. for S. B. 176, S. B. 316, S. B. 418, S. B. 536, S. B. 673, Com. Sub.
for S. B. 700 and S. B. 719.
Subsequent to the adjournment of session, the following communications were received from His
Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as
follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 26, 2004
The Honorable Joe Manchin III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
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. 133 approved with the following objections.
My first objection to the Bill is contained in the language found in Item No. 50, page 37 through
page 39, line 36 through line 37, which states:
"Sole Community/Medicare Dependent
Hospitals under 100 beds 046 $ 750,000"
Federal Regulation §42 CFR 431.10 (e) establishes the Bureau for Medical Services as the single
State agency with sole authority concerning the administration of the State Medicaid Program, including
the responsibility to establish provider reimbursement. I believe the additional language requiring the
implementation of a specific reimbursement methodology violates federal regulation. Therefore, I am
deleting the entire phrase, along with the appropriation, in order to avoid a conflict with federal
regulation.
My second objection to the Bill is contained in the language found in Item No. 50, page 37
through page 39, line 68 through line 70, which states:
"The above appropriation for Sole Community/Medicare Dependent Hospitals under 100
beds shall be used as additional state match for cost based reimbursement."
The appropriation referred to in the above language was contained on lines 36 through 37 and has
been deleted by the action contained in my first objection. Therefore, I am deleting the entire phrase,
because the initial appropriation has been deleted, making this language unnecessary.
My third objection to the Bill is contained in the language found in Item No. 87, page 62, line 1,
which states:
"WV Council for CTC Education (R) 392 $ 650,000"
The entire appropriation for Item 87 - West Virginia Council for Community and Technical
College Council - Control Account is new for Fiscal Year 2005, therefore, there is no appropriation in
Fiscal Year 2004 available to reappropriate into Fiscal Year 2005. The "(R)" referred to in the language
above is intended to denote items that are reappropriated. Therefore, I am deleting the "(R)," line 1,
because funds cannot be reappropriated from an account that does not currently exist, making this
language unnecessary.
My fourth objection to the Bill is contained in the language found in Item No. 87, page 62 through
page 63, line 24 through line 30, which states:
"Any unexpended balances remaining in the appropriation for the West Virginia
Council for Community and Technical Education (fund 0589, activity 392) at the
close of the fiscal year 2004 are hereby reappropriated for expenditure during the
fiscal year 2005, with the exception of fund 0355, fiscal year 2004, activity 488
($1,050) which shall expire June 30, 2004."
The entire appropriation for Item 87 - West Virginia Council for Community and Technical
College Council - Control Account is new for Fiscal Year 2005, therefore, there is no appropriation in
Fiscal Year 2004 available to reappropriate into Fiscal Year 2005. Therefore, I am deleting the entire
phrase, line 24 through line 30, because funds cannot be reappropriated from an account that does not
currently exist, making this language unnecessary.
My fifth objection to the Bill is contained in the language found in Item 94, page 67 through page
68, line 3 through line 5, which states:
"From the above appropriation for Unclassified - Total - Transfer a total of $6,624,593.38
shall be transferred to the general revenue fund."
Fund 1732, "Unclassified - Total - Transfer" referred to in the language above contains an
appropriation of $0. Therefore, I am deleting the entire phrase, line 3 through line 5, because funds cannot
be transferred from an appropriation of $0, making this language unnecessary.
My sixth objection to the Bill is contained in the language found in Item No. 135, page 82 through
page 83, line 16 through line 21, which states:
"From the above appropriation, Public Employees Insurance Reserve Fund - Transfer, $1,000,000 shall be expended for the Sole Community Hospitals and Medicare Dependent
Hospitals who have under 100 beds. These funds shall be used as additional state match to
establish cost based reimbursement."
Federal Regulation § 42 CFR 431.10 (e) establishes the Bureau for Medical Services as the single
State agency with sole authority concerning the administration of the State Medicaid Program, including
the responsibility to establish provider reimbursement. I believe the additional language requiring the
implementation of a specific reimbursement methodology violates federal regulation. Therefore, I am
deleting the entire phrase, in order to avoid a conflict with federal regulation.
My seventh objection to the Bill is contained in the language found in Item No. 256, page 126, line
1, which states:
"Unclassified - Total (R) 096 $ 14,500,000"
The "(R)" referred to in the language above is intended to denote items that are reappropriated.
Fund 8854, Fiscal Year 2005, activity 096 is not reappropriated. Therefore, I am deleting the "(R)" in line
1 since this activity is not reappropriated, making this language unnecessary.
My eighth objection to the Bill is contained in the language found in Section 9 - Appropriations
from surplus accrued, page 138 through page 141, which states in pertinent part:
"314-Joint Expenses
(WV Code Chapter 4)
Fund FY 2005 Org 2300
Tax Reduction and Federal
Funding Increased
Compliance (TRAFFIC) 642 $ 5,000,000"
"315-Workers' Compensation Commission
(WV Code Chapter 23)
Fund FY 2005 Org 0322
Self-Insured Security Pool 033 $ 5,000,000"
"317-Adjutant General-
State Militia
(WV Code Chapter 15)
Fund FY 2005 Org 0603
Armory Capital Improvements 325 $ 2,000,000"
"322-Division of Culture and History
(WV Code Chapter 29)
Fund FY 2005 Org 0432
State Museum 036 $ 1,000,000"
"323-Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund FY 2005 Org 0100
Flood Reparations 400 $ 400,000"
From the above appropriation, $300,000 shall be allocated to Wyoming County and $100,000
shall be allocated to Greenbrier County.
"324-West Virginia Development Office
(WV Code Chapter 5B)
Fund FY 2005 Org 0307
Local Economic
Development Assistance 819 $ 3,244,651"
"325-Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund FY 2005 Org 0218
Unfunded Liability Payment 037 $ 7,000,000"
"326-Division of Finance
(WV Code Chapter 5A)
Fund FY 2005 Org 0209
FIMS Upgrade to Open
Platform 038 $ 10,000,000"
These appropriations are deleted in their entirety for the following reasons:
Tax Reduction and Federal Funding Increased Compliance (TRAFFIC). This fund has
already been adequately funded, both in this budget bill and other legislation. Indeed, together this fund
will now have in excess of $22 million, a significant increase from its earlier balance of $8 million.
Self-Insured Security Pool, Workers' Compensation Commission. Because I have proposed
a more effective and immediate means to deal with the unfunded liability, I am deleting this amount.
While I appreciate the Legislature's attempt to begin dealing with this problem, we must work together
to address more quickly this problem that affects the State's bond rating, business stability, and twenty
percent of its workforce.
Armory Capital Improvements, Adjutant General. While perhaps worthy, this was not
contained in my original budget request and should not be funded without further review of the need and
uses of those moneys.
State Museum, Division of Culture and History. While certainly worthy, this particular project
was not originally funded in my budget request and should be funded only upon further review.
Flood Reparations, Governor's Office Civil Contingent Fund. My Office, together with the
Legislature, has already provided significant funding to address flood-related expenses, especially in
Wyoming County. This was not in my original budget request and should not be funded without further
review.
Local Economic Development Assistance, West Virginia Development Office. Funding has already been committed to ongoing economic development projects in Enrolled Senate Bill 1006. Since
there is no explanation or identification of need for this money, that amount is deleted..
Unfunded Liability Payment, Board of Risk and Insurance Management. While the Board
of Risk and Insurance Management carries an unfunded liability, moneys are already appropriated in the
general revenue portion of this Bill. There is no explanation of what could be accomplished by
appropriating this additional amount. Therefore, it is deleted subject to further review.
FIMS Upgrade to Open Platform, Division of Finance. This amount and upgrade have not
been requested by my Office. Since the state is not ready to move forward with this project, its funding
here is unnecessary, and the amount is deleted.
For the reasons stated herein, I hereby approve with objections Enrolled Committee Substitute
for Senate Bill No. 133.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 24, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia,
I hereby veto Enrolled Senate Bill No. 563.
Enrolled Senate Bill No. 563 makes various technical changes to the Public Employees Retirement System, many of which are needed and were desired by the Consolidated Public Retirement
Board. Nevertheless, I must veto Enrolled Senate Bill No. 563 because other changes were made to the
Bill that would entail increased costs. An actuarial note was not available. Consequently, without this
vital information, I am unable to consider all consequences of such legislation.
For the reasons stated above, I must veto Enrolled Senate Bill No. 563.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 24, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby veto Enrolled Senate Bill No. 566.
The original stated purpose of this Bill, known as the "Unborn Victims of Violence Act," was to
protect pregnant women by levying a serious punishment on a person that criminally injures a pregnant
woman causing her to lose her fetus. While I strongly support and endorse a law protecting pregnant
women from harm and abuse, Enrolled Senate Bill No. 566 fails to achieve such protection. In fact, the
pregnant woman is not even mentioned in the Bill. Violence against women is a significant problem in
the State and the nation and should not be tolerated under any circumstances, but this Bill does not
address that problem.
If the intention of the Legislature was to protect pregnant women, it should have instituted
enhanced penalties for crimes of violence against pregnant women. Instead, Enrolled Senate Bill No. 566
bestows personhood upon an embryo or fetus at fertilization and attempts to create a criminal offense for
certain crimes of violence against an embryo or fetus. Rather than enhancing penalties for a person
convicted of committing a crime of violence against a woman that is pregnant, this type of law
additionally requires proof of intent to harm the embryo or fetus, which is very difficult to prove. The
result would be less punishment for perpetrators of violence against pregnant women than enhanced
penalties would provide. Enrolled Senate Bill No. 566 focuses on the creation of legal rights for embryos
and fetuses rather than on appropriately punishing criminal conduct.
Additionally, it is difficult to reconcile the disparity in the premise of law - how can the
proponents of this Bill claim to want to protect all fetuses at all stages of development while it exempts
the harm that a pregnant woman may inflict upon her own fetus? Arguably, there are more fetuses lost
to lack of prenatal care, smoking and consuming alcohol and illegal drugs, such as crack, than due to
injury from an external force. Why is a fetus protected from one attack upon it, but not another?
Furthermore, if the supporters of this Bill were so concerned about pregnant women and their
fetuses, where were they when the State Medicaid budget was being cut? Fifty-two percent of all births
in West Virginia, over 11,000, are covered by Medicaid. Clearly a majority of children born in this State
are covered by this program that provides the only access these pregnant women have to health care, yet
the voice of the Senate Bill No. 566 advocates was largely absent in this debate. I fought throughout the
entire Legislative Session to avoid cutting basic health care programs, including obstetric and
gynecologic care, yet I never saw any intense lobbying on behalf of these pregnant women that so
desperately need prenatal care.
The medical community continues to strongly oppose Enrolled Senate Bill No. 566. One of the
priorities of my Administration has been providing quality health care for citizens of this State. With all
of the effort of both my office and the Legislature over the past three years to keep physicians in the
State, passage of Enrolled Senate Bill No. 566 would be a giant step backward. Many obstetricians and
gynecologists across the State, as well as the West Virginia State Medical Association, have requested
that I veto this Bill because of the effect it would have on the availability of health care for pregnant women in West Virginia. The improper medical terminology in this Bill and the ambiguity it creates as
to the personhood of developing embryos and fetuses will place an undue burden upon medical
professionals, as well as legal analysts. These questions must be sorted out.
Further medical concern is created by bestowing personhood at fertilization and removing the
requirement that the embryo or fetus be "in the womb." The Bill as introduced required, within its
definition, that the fetus be "in the womb" of the pregnant woman. Among other problems with Enrolled
Senate Bill No. 566, the title states three times that the embryo or fetus must be "in the womb" while this
language is no longer in the text of the Bill. The language of this Bill, even with its exceptions, virtually
ensures that stem-cell research cannot continue in the State of West Virginia, as this potentially life-
saving research depends upon the use of fertilized eggs outside the womb. Additionally, if this Bill were
to become law, fertility clinics would cease to operate in West Virginia. This would devastate families
that cannot conceive without the assistance of fertility specialists. Such consequences are simply
unacceptable.
Recently, I met with a mother whose pregnant daughter was murdered while in the final stage of
her pregnancy. This grieving mother eloquently displayed her pain and explained that the fetus was not
recognized as a person in the eyes of the law, but only in her eyes. I respect and honor this family's
sorrow. Anyone would grieve along with this family that was so close to celebrating the imminent birth
of a child. That situation differs greatly from recognizing personhood at fertilization, which Enrolled
Senate Bill No. 566 does. It would be inappropriate to use this family's loss to prevent other families
from pursuing desired pregnancies.
For centuries, theologians, philosophers and scientists have struggled, with no definitive answer,
to determine when life begins. It is certainly not logical to think that in a few short hours, and in the last
minutes of the Session, the West Virginia Legislature could conclude such a debate.
For the reasons stated above, I must veto Enrolled Senate Bill No. 566.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 6, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and file Enrolled House Bill No. 4119.
The purpose of Enrolled House Bill No. 4119 is to allow greater participation by the county
commissions when a municipality wants to annex additional territory by the petition method and to phase
in the reduction in the county share of hotel tax when a municipality annexed an area that includes a hotel
or motel that is generating tax and revenue to a county. Annexation by petition is used only when the
people in the area under consideration want to be annexed and they make that request by petition to the
municipality. Current law requires a simple majority of the voters and freeholders in the territory seeking
annexation petition to be annexed. Enrolled House Bill No. 4119 requires that in order to provide for
annexation without a vote, qualified voters and freeholders must petition for the annexation.
Though all parties working on this legislation agreed to require that all qualified voters petition
for such an annexation, the amendment that requires all freeholders to petition for annexation was not
agreed upon and would have unintended fatal consequences to most, if not all, attempts by citizens at
annexation. This unintended consequence may occur because it would be nearly impossible to locate and
contact everyone with a freehold interest in real property within the area of attempted annexation. Some
of those interest may not be recorded. Additionally, some property may pass through intestate succession
to minor children or incapacitated adults. In those cases, litigation would be required to appoint a
guardian to sign the petition for or against annexation on behalf of the minor or incapacitated adult. The time and expense of litigation would potentially eliminate the value of annexation by petition.
For the reasons stated above, I must veto Enrolled House Bill No. 4119.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 6, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and file Enrolled House Bill No. 4623.
Enrolled House Bill No. 4623 repeals a section of the West Virginia Code, §11B-2-18, created
by Enrolled Senate Bill No. 149 (the Tax and Revenue reorganization bill); both passed on the same date.
W. Va. Code §11B-2-18 allows the Government to permit expenditures from a spending unit's special
surplus fund when the amount collected by the spending unit exceeds the amount it was authorized to
expend from collections. Prior to the effective date of Enrolled Senate Bill No. 149, this power is set
forth in W. Va. Code §5A-2-18.
I must object to Enrolled House Bill No. 4623 because it usurps an important power of the Chief
Executive. Repealing this section of the Code would negatively impact State agencies that have a
legitimate need for additional spending authority and have excess funds in their special revenue accounts
over and above the original estimated collections. Further, if the need for increased spending authority was of an immediate or emergency nature, it would require the Legislature to meet for passage of a
supplemental appropriation. This is an unnecessary and burdensome requirement that should be avoided.
For the reasons stated above, I must veto Enrolled House Bill No. 4623.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 6, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and file Enrolled Senate Bill No. 160.
Enrolled Senate Bill No. 160 pertains to the Public Employees Insurance Reserve Fund and the
permitted appropriation from that fund to the Bureau of Medical Services, Department of Health and
Human Resources for a certain number of years. The Bill, passed by the Legislature on March 11, 2004,
would permit the appropriation from the fiscal year beginning July 1, 2002 and in each of the next five
fiscal years (instead of the next two fiscal years as current law permits), and ending on June 30, 2008
(instead of June 30, 2005).
Although I support its intent, I must veto Enrolled Senate Bill No. 160 because it amends and
reenacts a section of the Code that has been repealed by the provisions of Enrolled Senate Bill No. 149,
passed by the Legislature on March 13, 2004. I have already signed Enrolled Senate Bill No. 149, the reorganization of the Department of Tax and Revenue and it is an essential Bill. If I were to sign Enrolled
Senate Bill No. 160 into law, the affected Code section would have been effective for only two days
before the provisions of Enrolled Senate Bill No. 149 would have prevailed. Therefore, signing Enrolled
Senate Bill No. 160 would be fruitless.
For the reasons stated above, I hereby veto Enrolled Senate Bill No. 160. Nevertheless, I would
encourage the Legislature to favorably consider this measure again in a future legislative session.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 6, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and file Enrolled Senate Bill No. 616.
Enrolled Senate Bill No. 616 amends the Department of Environmental Protection Advisory
Council by increasing the membership of the council from seven to twelve members and empowering
the council to call meetings and suggest proposals for rule-making. This Bill also codifies a surface
mining permit quality assurance and compliance advisory committee established by the consent decree
entered by the United Stated District Court for the Southern District of West Virginia in the Bragg v.
Robertson litigation.
The Bill is constitutionally flawed pursuant to Section Thirty, Article VI of the Constitution of
West Virginia. The title is inconsistent with the language of the Bill with regard to how the members of
the advisory council may call a meeting. The title provides that a majority of the members may call a
meeting, whereas §22-1-9(d) in the Bill provides that any five members may call a meeting. Because the
council is a twelve-member body, five members cannot constitute a majority.
In additional to the constitutional flaw, I am disapproving Enrolled Senate Bill No. 616 because
the amendments to the Department of Environmental Protection Advisory Council do not reflect sound
public policy for several reasons. The advisory council was established in 1994 to provide a forum for
the discussion of environmental policy development and implementation between the agency and
constituent groups with the overall goal of consensus building between the various interests. To fulfill
these purposes and achieve these goals, the membership of the council was evenly balanced to include
two members from the regulated community, two members from the environmental community, and two
members from local and municipal governments, one representing local government and one representing
public service districts. Enrolled Senate Bill No. 616 alters this balance by adding three members that
essentially represent regulated interests but only two environmental interests and no additional
representation from other interests such as local government or environmental health organizations. The
expansion of the advisory council results in a council that cannot legitimately satisfy the purposes and
goals of the advisory council, and thus is contrary to sound environmental policy for the State of West
Virginia.
Additionally, the Bill constrains the Executive Branch authority to appoint members for the
advisory council by limiting the Governor's choice of nominees to those submitted by specific
organizations. Specifically, the Bill requires the Governor to appoint members nominated by the largest
State organization representing manufacturers, coal producers, coal miners and farming interests. This
is an overly restrictive constraint on the Governor's powers, and thus is contrary to sound public policy
and erodes the integrity of the Executive Branch.
For the constitutional and policy reasons stated above, I must veto this Bill. Nevertheless, I
encourage the Legislature to enact legislation codifying the surface mining quality assurance and
compliance advisory committee established under the consent decree.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 6, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and file Enrolled Senate Bill No. 636.
Enrolled Senate Bill No. 636, as introduced, makes desirable changes to the Teachers' Retirement
System. Nevertheless, I must veto Enrolled Senate Bill No. 636 because of a change made to the Bill that
would entail increased costs. An actuarial note was not available for the Bill as amended. Consequently,
without this vital information, I am unable to consider all consequences and cost of such legislation.
For the reasons stated above, I must veto Enrolled Senate Bill No. 636.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 7, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and file Enrolled Committee Substitute for House Bill No. 4354.
Enrolled Committee Substitute for House Bill No. 4354 authorizes county commissions to adopt
ordinances to establish a system of administration and enforcement to assess fees and penalties to reduce
false alarms. It also proposes setting quality assurance standards to reduce the incidences of false alarms.
Achieving this goal is important because it will ensure that safety personnel and their resources are not
wasted by chasing phantoms phone calls. Nevertheless, I must object to Enrolled Committee Substitute
for House Bill No. 4354 because it requires county 911centers to accept calls only from a central station
certified by United Laboratory, only one of several acceptable quality assurance certifiers. This provision
is problematic for several reasons. First, there is a clear obligation to respond to emergency calls
regardless of the origin of the call for service. Second, there are several other nationally accepted quality
assurance certifiers, such as Factory Mutual, which provide similar expertise and reliability. There is no
articulable reason why one particular program should be favored over other equally acceptable programs.
In fact, in what must assuredly be an unintended consequence of this restrictive requirement, it
appears that only two security providers in West Virginia could provide alarm services if this Bill were
to become law. There is no reason to penalize the many other legitimate security providers who provide
state-of-the-art dependable equipment, though not certified by Underwriters Laboratory.
For the reasons stated above, I must veto Enrolled Committee Substitute for House Bill No. 4354.
Notwithstanding this action, I urge the Legislature to take up this issue again and amend this legislation
to allow for greater flexibility in the selection of quality assurance programs.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 7, 2004
VETO MESSAGE
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and file Enrolled Senate Bill No. 694.
Enrolled Senate Bill No. 694 duplicates language contained in Enrolled House Bill No. 3150.
Both Bills amend and reenact W. Va. Code §5-22-1 in order to establish the West Virginia Fairness In
Competitive Bidding Act. Enrolled House Bill No. 3150 is more comprehensive in that it amends and
reenacts two additional sections of the Code that enhance the provisions of the Act. For that reason, I will
sign House Bill No. 3150 into law rather than Enrolled Senate Bill No. 694.
For the reasons stated above, I hereby veto Enrolled Senate Bill No. 694.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 7, 2004
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
After numerous discussions with both supporters and opponents of Enrolled Senate Bill No. 448,
and after carefully weighing all of the arguments for and against this legislation, I have decided to sign
this Bill into law. The fundamental mission of West Virginia's community and technical college system
is to meet the education and training needs of our State's businesses and our workforce. I believe this
Bill gives our community and technical colleges the independence and authority they need to fulfill this
very important mission for the benefit of all West Virginians.
For many years, I have believed West Virginia should have a separate and independent
community and technical college system. Two-year community and technical colleges have different
purposes, serve different student populations, and have different organizational cultures than four-year
baccalaureate institutions. I believe Enrolled Senate Bill No. 448 establishes a governance system that
recognizes and respects the differences between two-year and four-year institutions, and for the first time
in the State's history gives two-year institutions a genuine opportunity to grow and succeed.
With the growth and success of our community and technical colleges, we will expand access to
higher education for more of our citizens and boost our educational attainment rate. We will increase
the responsiveness of these institutions to the needs of local businesses and improve their capacity for
effective workforce development. I believe we can all agree that these are essential public policy goals
for West Virginia, and I think Enrolled Senate Bill No. 448 puts the right system and process in place
for achieving these goals we share.
As West Virginia has discovered over the last thirty-five years, organizing a system of higher
education to meet the State's needs is not easy. Since 1969, West Virginia higher education has operated
under four different governance structures, including a single governing board of regents, two separate
governing boards of trustees, and with the passage of Enrolled Senate Bill No. 653 in 2000, a single coordinating policy commission. The focus in all of these governance structures has been the four-year
baccalaureate institutions, not the community and technical colleges. I believe Enrolled Senate Bill No.
448 provides the emphasis on community and technical college education that our State has been
missing. This is not to downplay the importance of the four-year institutions. Rather, this is to say that
the two-year and four-year institutions are equally important and that we need to have a governance
structure and policies in place that reflect this fact. This Bill is not a step backward. It is another step
forward in the evolution of Enrolled Senate Bill No. 653, and it brings West Virginia into greater
structural alignment with leading states, such as North and South Carolina, that have made significant
progress with their community and technical college systems.
Numerous external consultants and internal reports have made this point over the years. As early
as 1971, the State Board of Regents identified the need to establish a system of comprehensive
community and technical college education. The Carnegie Foundation in 1989 and the National Center
for Higher Education Management Systems in 2000 articulated the need for a statewide network of
independent community and technical colleges. In her 2001 report to the Legislature, Kay McClenney,
a nationally-respected expert on community college systems, made it clear that West Virginia was
underutilizing and undervaluing its two-year institutions, and that we needed to do much better in this
regard to reach our education and economic development goals. Building on more than thirty years of
expert findings and recommendations, Enrolled Senate Bill No. 448 is another decisive step in the
direction of building the comprehensive community and technical college system that our State
desperately needs.
I also believe strongly in the "educational marketplace." Market forces, including the budget
shortfalls we are facing, will reshape the higher education landscape over the next few years. All
institutions will look and act differently five years from now. I credit the Legislature for recognizing the
economic realities that confront higher education, and for taking action, with Enrolled Senate Bill No.
448 and other legislation, to give two-year and four-year institutions the flexibility and autonomy to deal
with these realities. Challenging comfort, complacency and the status quo is never easy, but for the sake
of our entire higher education system, we must do so now before it is too late.
Enrolled Senate Bill No. 448 also contains provisions that would allow West Virginia State College, Fairmont State College, Shepherd College and Concord College to rename themselves as
universities. I support university status for these institutions, and by signing this Bill I am pleased to
make that status official. In all four cases, the institutions met the criteria established by the Higher
Education Policy Commission and thus they deserve to be recognized as universities.
I would also like to acknowledge the persistent and passionate defense of Bluefield State College
by legislators, educators and community members from Mercer and McDowell Counties. I met with
Bluefield State supporters on two occasions and members of my senior staff attended the Bluefield State
rally last Friday. I appreciate the concerns that have been raised about Enrolled Senate Bill No. 448 by
Bluefield State supporters, in particular the fear of losing nationally-accredited associate degree programs
that are important to Bluefield State's survival. As written, the Bill protects Bluefield State's associate
degree program in nursing. I have been assured by Jim Skidmore, Nelson Robinson, and other members
of the Community and Technical College Council that there is no talk, no plan and no intent to move the
other programs, including the engineering technology and radiological technician programs, from
Bluefield State College to New River Community and Technical College. I take these assurances very
seriously and I will hold the members of the Council to their word.
To further address the concerns about this Bill and to clear up the confusion and mistrust it has
generated, I have asked-and the Community and Technical College Council has agreed-to convene
a summit very soon in Bluefield between the administrations, faculties, and supporters of Bluefield State
College and New River Community and Technical College so there can be a full and public airing of
views, questions and answers about the future relationship between these institutions. The basis for this
relationship should be providing accessible, affordable, high-quality education and training to the citizens
of Mercer and McDowell Counties. Anything less is a dangerous disservice to all of southern West
Virginia.
The commitment to accessibility, accountability and quality in higher education has been a
hallmark of my Administration. By funding the PROMISE Scholarship, by increasing funding for the
Higher Education Grant and HEAPS Programs, by sparing higher education from the worst of the budget
cuts, and by introducing legislation to simplify tuition and fees and give institutions greater
administrative flexibility, I have worked with the Legislature to take the steps I believe were necessary to expand access, promote accountability and improve quality. I am signing Enrolled Senate Bill No.
448 because I believe it builds on our record in these areas and because it is in the best interests of all
West Virginians from all parts of the State and from all walks of life. West Virginia's economic future
depends in large part on the capacity and vitality of its community and technical college system. The
time is now to build that capacity and ensure that vitality, not just for ourselves, but also for generations
to come.
Very truly yours,
Bob Wise
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 7, 2004
The Honorable Joe Manchin, III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby approve and file Enrolled Committee Substitute for Committee Substitute for Senate Bill No.
454 and provide an explanation for such action.
After great consideration, I have decided to sign Enrolled Committee Substitute for Committee
Substitute for Senate Bill No. 454, relating to land-use planning. Efforts to overhaul the land-use
planning laws of the State have been undertaken by the Legislature and other interested organizations
and individuals over the last two years. Many of those who have worked with the current land-use
planning laws have found them to be difficult and unclear, as evidenced by the number of court decisions regarding these statutes.
In 2002 and 2003, the Legislature passed concurrent resolutions to study the State's land-use
planning laws. Throughout 2003, monthly open meetings were held with participation by the Legislature
and other interested entities, such as the West Virginia Planning Association, West Virginia Municipal
League, West Virginia Manufacturers Association, Home Builders Association of West Virginia, West
Virginia Chamber of Commerce, West Virginia Farm Bureau, West Virginia Association of Counties,
League of Women Voters, and County Commissioners Association of West Virginia. The goal was to
modernize land-use planning laws, a project that had not been significantly addressed since the laws'
origin in 1959, by providing a neutral framework from which each community in West Virginia could
decide for itself what kind of development it envisions.
Many who oppose this Bill have indicated that their opposition stems from the belief that the new
law would absolutely require counties to adopt a comprehensive plan. That is a misstatement of the law
which I believe has caused some unwarranted opposition. The law would require that a comprehensive
plan be adopted only if the county creates a planning commission. Further opposition was voiced because
some believe the time limits set forth are unreasonable. The Bill does not set time constraints for the
development of a comprehensive plan. After such plan is composed, it must then be accepted or rejected
by the county commission (or appropriate governing body) within a reasonable amount of time and with
extensive public participation. The Bill allows for the governing body to review a presented plan for the
longer of ninety days or three scheduled meetings. The governing body may then adopt, reject or amend
the comprehensive plan. Such a time requirement is certainly reasonable, particularly since it allows for
amendment or even rejection of the proposed plan. Some oppose this Bill because they believe it
immediately sets aside their existing comprehensive plan. This is not true. Indeed, if a planning
commission already exists and has a comprehensive plan in place, the county commission may take up
to ten years to revise, amend or replace its current comprehensive plan with the more modern plan
envisioned by this legislation.
In sum, I have decided to sign Enrolled Committee Substitute for Committee Substitute for Senate
Bill No. 454 because it appears to be a good start at modernizing an antiquated system that has proven
to be difficult to understand and apply. Though some amendments to this legislation may prove to be necessary, the Bill provides much needed clarity to land-use planning law.
Very truly yours,
Bob Wise,
Governor.
There being no further business to come before the House, at 6:32 p.m., on motion of Delegate
Staton, the House of Delegates adjourned sine die.
__________*__________
We hereby certify that the forgoing record of the proceedings of the House of Delegates, Second
Regular Session, 2004, is the official Journal of the House of Delegates for said session.
Robert S. Kiss
Speaker of the House of Delegates
Gregory M. Gray
Clerk of the House of Delegates