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Sunday, March 16, 2008

SIXTY-EIGHTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 2:00 p.m., and was called to order by the Honorable Richard Thompson, 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 15, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive

The Speaker laid before the House of Delegates communications from His Excellency, the Governor, setting forth his disapproval of bills heretofore passed by both houses, as follows:

State of West Virginia

Joe Manchin III

Governor


March 14, 2008


Veto Message


The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305

Dear Mr. Speaker:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and veto Enrolled House Bill No. 4016.

Enrolled House Bill No. 4016 modifies the meaning of "federal adjusted gross income" and certain other terms used in West Virginia Personal Income Tax Act and specifies the effective dates of such modifications. In February of this year, the Congress of the United States passed the Economic Stimulus Package of 2008, which in turn necessitated additional amendments to the original version of House Bill No. 4016. Unfortunately, the additional amendments to this bill need further revision in order to maintain consistency with federal law.

Obviously, I support the intent of Enrolled House Bill No. 4016, and I would encourage the Legislature to promptly consider this measure again in the near future.

Very truly yours,

Joe Manchin III
Governor.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
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 DeLong, Enrolled House Bill 4016 was amended, in an effort to meet the objections of the Governor, by amending the bill as follows:
On page two, section nine, line eleven, by striking out the words "first day of January" and inserting in lieu thereof the words "fourteenth day of February".
And,
On page two, section nine, line thirty-seven, by striking out the words "fourteenth day of February, two thousand eight" and inserting in lieu thereof the words "first day of January, two thousand nine".
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. 533), and there were--yeas 95, nays none, absent and not voting 5, with the yeas, nays and absent and not voting being as follows:
Yeas: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: None.
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
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. 4016) passed, as a result of the objections of the Governor.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 534), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4016) 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

Joe Manchin III

Governor


March 14, 2008


Veto Message

The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305

Dear Mr. Speaker:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and veto Enrolled House Bill No. 4017.

Enrolled House Bill No. 4017 modifies the meaning of "federal adjusted gross income" and certain other terms used in West Virginia Corporation Net Income Tax Act and specifies the effective dates of such modifications. In February of this year, the Congress of the United States passed the Economic Stimulus Package of 2008, which in turn necessitated additional amendments to the original version of House Bill No. 4017. Unfortunately, the additional amendments to this bill need further revision in order to maintain consistency with federal law.

Obviously, I support the intent of Enrolled House Bill No. 4017, and I would encourage the Legislature to promptly consider this measure again in the near future.

Very truly yours,

Joe Manchin III
Governor.

On motion of Delegate DeLong, the bill was taken up for immediate consideration.

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 DeLong, Enrolled House Bill 4017 was amended, in an effort to meet the objections of the Governor, by amending the bill as follows:
On page two, section three, line eleven, by striking out the words "first day of January" and inserting in lieu thereof the words "fourteenth day of February".
And,
On page three, section three, line thirty-six, by striking out the words "fourteenth day of February, two thousand eight" and inserting in lieu thereof the words "first day of January, two thousand nine".
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. 535), and there were--yeas 95, nays none, absent and not voting 5, with the yeas, nays and absent and not voting being as follows:
Yeas: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: None.
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
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. 4017) passed, as a result of the objections of the Governor.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 536), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4017) 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


Joe Manchin III

Governor


March 12, 2008


Veto Message


The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305

Dear Mr. Speaker:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and veto Enrolled Committee Substitute for House Bill No. 4420.

Enrolled Committee Substitute for House Bill No. 4420 relates to the taxation of certain real estate investment trusts and regulated investment companies. The Bill, passed by the Legislature on March 7, 2008, would conflict with Enrolled Committee Substitute for Senate Bill No. 680, a Bill passed by the Legislature on March 8, 2007, Both Bills amend W. Va. Code §11-24-3a; however, the amendments of Enrolled Committee Substitute for Senate Bill No. 680 were not reflected in Enrolled Committee Substitute for House Bill No. 4420. As a result of this conflict, I must veto Enrolled Committee Substitute for House Bill No. 4420.

Although I support the intent of Enrolled Committee Substitute for House Bill No. 4420, the provisions of Enrolled Committee for Senate Bill No. 680 should be incorporated to permit approval of both Bills. In light of this conflict, I would encourage the Legislature to promptly consider this measure again in the near future.

Very truly yours,

Joe Manchin III
Governor.

On motion of Delegate DeLong, the bill was taken up for immediate consideration.
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 Delegates White and DeLong, Enrolled Com. Sub. for House Bill 4420 was amended, in an effort to meet the objections of the Governor, by amending the bill on page one, following the enacting section and the article heading, by striking out section three-a in its entirety and inserting in lieu thereof a new section three-a to read as follows:
"§11-24-3a. Specific terms defined.
For purposes of this article:
(1) Business income. -- The term 'business income' means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management and disposition of the property or the rendering of services in connection therewith constitute integral parts of the taxpayer's regular trade or business operations and includes all income which is apportionable under the Constitution of the United States.
(2) 'Combined group' means the group of all persons whose income and apportionment factors are required to be taken into account pursuant to subsection (a) or (b), section thirteen-a of this article in determining the taxpayer's share of the net business income or loss apportionable to this state.
(3) Commercial domicile. -- The term 'commercial domicile' means the principal place from which the trade or business of the taxpayer is directed or managed: Provided, That the commercial domicile of a financial organization, which is subject to regulation as such, shall be at the place designated as its principal office with its regulating authority.
(4) Compensation. -- The term 'compensation' means wages, salaries, commissions and any other form of remuneration paid to employees for personal services.
(5) Corporation. -- 'Corporation' means any corporation as defined by the laws of this state or organization of any kind treated as a corporation for tax purposes under the laws of this state, wherever located, which if it were doing business in this state would be a 'taxpayer' subject to the tax imposed by this article. The business conducted by a partnership which is directly or indirectly held by a corporation shall be considered the business of the corporation to the extent of the corporation's distributive share of the partnership income, inclusive of guaranteed payments to the extent prescribed by regulation. The term 'corporation' includes a joint-stock company and any association or other organization which is taxable as a corporation under the federal income tax law.
(6) Delegate. -- The term 'delegate' in the phrase 'or his or her delegate', when used in reference to the Tax Commissioner, means any officer or employee of the State Tax Department duly authorized by the Tax Commissioner directly, or indirectly by one or more redelegations of authority, to perform the functions mentioned or described in this article or regulations promulgated thereunder.
(7) Domestic corporation. -- The term 'domestic corporation' means any corporation organized under the laws of West Virginia and certain corporations organized under the laws of the State of Virginia before the twentieth day of June, one thousand eight hundred sixty-three. Every other corporation is a foreign corporation.
(8) Engaging in business. -- The term 'engaging in business' or 'doing business' means any activity of a corporation which enjoys the benefits and protection of government and laws in this state.
(9) Federal Form 1120. -- The term 'Federal Form 1120' means the annual federal income tax return of any corporation made pursuant to the United States Internal Revenue Code of 1986, as amended, or in successor provisions of the laws of the United States, in respect to the federal taxable income of a corporation, and filed with the federal Internal Revenue Service. In the case of a corporation that elects to file a federal income tax return as part of an affiliated group, but files as a separate corporation under this article, then as to such corporation Federal Form 1120 means its pro forma Federal Form 1120.
(10) Fiduciary. -- The term 'fiduciary' means, and includes, a guardian, trustee, executor, administrator, receiver, conservator or any person acting in any fiduciary capacity for any person.
(11) Financial organization. -- The term 'financial organization' means:
(A) A holding company or a subsidiary thereof. As used in this section 'holding company' means a corporation registered under the federal Bank Holding Company Act of 1956 or registered as a savings and loan holding company other than a diversified savings and loan holding company as defined in Section 408(a)(1)(F) of the federal National Housing Act, 12 U. S. C. §1730(a)(1)(F);
(B) A regulated financial corporation or a subsidiary thereof. As used in this section 'regulated financial corporation' means:
(i) An institution, the deposits, shares or accounts of which are insured under the Federal Deposit Insurance Act or by the federal Savings and Loan Insurance Corporation;
(ii) An institution that is a member of a federal home loan bank;
(iii) Any other bank or thrift institution incorporated or organized under the laws of a state that is engaged in the business of receiving deposits;
(iv) A credit union incorporated and organized under the laws of this state;
(v) A production credit association organized under 12 U. S. C. §2071;
(vi) A corporation organized under 12 U. S. C. §611 through §631 (an Edge Act corporation); or
(vii) A federal or state agency or branch of a foreign bank as defined in 12 U. S. C. §3101; or
(C) A corporation which derives more than fifty percent of its gross business income from one or more of the following activities:
(i) Making, acquiring, selling or servicing loans or extensions of credit. Loans and extensions of credit include:
(I) Secured or unsecured consumer loans;
(II) Installment obligations;
(III) Mortgages or other loans secured by real estate or tangible personal property;
(IV) Credit card loans;
(V) Secured and unsecured commercial loans of any type; and
(VI) Loans arising in factoring.
(ii) Leasing or acting as an agent, broker or advisor in connection with leasing real and personal property that is the economic equivalent of an extension of credit as defined by the Federal Reserve Board in 12 CFR 225.25(b)(5).
(iii) Operating a credit card business.
(iv) Rendering estate or trust services.
(v) Receiving, maintaining or otherwise handling deposits.
(vi) Engaging in any other activity with an economic effect comparable to those activities described in subparagraph (i), (ii), (iii), (iv) or (v) of this paragraph.
(12) Fiscal year. -- The term 'fiscal year' means an accounting period of twelve months ending on any day other than the last day of December and on the basis of which the taxpayer is required to report for federal income tax purposes.
(13) Includes and including. -- The terms 'includes' and 'including', when used in a definition contained in this article, shall not be deemed to do not exclude other things otherwise within the meaning of the term being defined.
(14) Insurance company. -- The term 'insurance company' means any corporation subject to taxation under section twenty-two, article three, chapter twenty-nine of this code or chapter thirty- three of this code or an insurance carrier subject to the surcharge imposed by subdivision (1) or (3), subsection (f), section three, article two-c, chapter twenty-three of this code or any corporation that would be subject to taxation under any of those provisions were its business transacted in this state.
(14) (15) 'Internal Revenue Code' means Title 26 of the United States Code, as amended, the Internal Revenue Code as defined in section three of this article, without regard to application of federal treaties unless expressly made applicable to states of the United States.
(15) (16) Nonbusiness income. -- The term 'nonbusiness income' means all income other than business income.
(16) (17) 'Partnership' means a general or limited partnership or organization of any kind treated as a partnership for tax purposes under the laws of this state.
(17) (18) Person. -- The term 'person' is to be deemed considered interchangeable with the term 'corporation' in this section. The term 'person' means any individual, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation whether or not the corporation is, or would be if doing business in this state, subject to the tax imposed by this article, company, syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee or organization of any kind.
(18) (19) Pro forma return. -- The term 'pro forma return' when used in this article means the return which the taxpayer would have filed with the Internal Revenue Service had it not elected to file federally as part of an affiliated group.
(19) (20) Public utility. -- The term 'public utility' means any business activity to which the jurisdiction of the Public Service Commission of West Virginia extends under section one, article two, chapter twenty-four of this code.
(21) Qualified real estate investment trust. -- The term 'Qualified Real Estate Investment Trust' means any real estate invest trust where no single entity owns or controls, directly or indirectly, constructively or otherwise, fifty percent or more of the voting power or value of the beneficial interests or shares of the trust, if the single entity is
(A) Subject to the provisions of subchapter C, chapter 1, subtitle A, title 26 of the United States Code, as amended;
(B) Not exempt from federal income tax pursuant to the provisions of section 501 of the Internal Revenue Code of 1986, as amended; and
(C) Not a real estate invest trust as defined in this section or a qualified real estate invest trust subsidiary under section 856(i) of the Internal Revenue Code of 1986, as amended.
(22) Qualified regulated investment company. -- The term 'Qualified Regulated Investment Company' means any regulated company where no single entity owns or controls, directly or indirectly, constructively or otherwise, fifty percent or more of the voting power or value of the beneficial interests or shares of the company, if the single entity is:
(A) Subject to the provision of subchapter C, chapter 1, subtitle A. title 26 of the United States Code, as amended;
(B) Not exempt from federal income tax pursuant to the provision of section 501 of the Internal Revenue Code of 1986, as amended; and
(C) Not a regulated investment company as defined in section 3 of the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-3.
(23) Real estate investment trust. -- The term 'Real Estate Investment Trust' has the meaning ascribed to such term in section 856 of the Internal Revenue Code of 1986, as amended.
(24)
Regulated investment company. -- The term 'Regulated Investment Company' has the same meaning as ascribed to such term in section 851 of the Internal Revenue Code of 1986, as amended.
(20) (25) Sales. -- The term 'sales' means all gross receipts of the taxpayer that are 'business income' as defined in this section.
(21) (26) State. -- The term 'state' means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States and any foreign country or political subdivision thereof.
(22) (27) Taxable year, tax year. -- The term 'taxable year' or 'tax year' means the taxable year for which the taxable income of the taxpayer is computed under the federal income tax law.
(23) (28) Tax. -- The term 'tax' includes, within its meaning, interest and additions to tax, unless the intention to give it a more limited meaning is disclosed by the context.
(24) (29) Tax Commissioner. -- The term 'Tax Commissioner' means the Tax Commissioner of the State of West Virginia or his or her delegate.
(25) (30) 'Tax haven' means a jurisdiction that, for a particular tax year in question: (A) Is identified by the Organization for Economic Cooperation and Development as a tax haven or as having a harmful preferential tax regime; or (B) a jurisdiction that has no, or nominal, effective tax on the relevant income and: (i) That has laws or practices that prevent effective exchange of information for tax purposes with other governments regarding taxpayers subject to, or benefitting from, the tax regime; (ii) that lacks transparency, for purposes of this definition, a tax regime lacks transparency if the details of legislative, legal or administrative provisions are not open to public scrutiny and apparent or are not consistently applied among similarly situated taxpayers; (iii) facilitates the establishment of foreign-owned entities without the need for a local substantive presence or prohibits these entities from having any commercial impact on the local economy; (iv) explicitly or implicitly excludes the jurisdiction's resident taxpayers from taking advantage of the tax regime's benefits or prohibits enterprises that benefit from the regime from operating in the jurisdiction's domestic market; or (v) has created a tax regime which is favorable for tax avoidance, based upon an overall assessment of relevant factors, including whether the jurisdiction has a significant untaxed offshore financial or other services sector relative to its overall economy. For purposes of this definition, the phrase 'tax regime' means a set or system of rules, laws, regulations or practices by which taxes are imposed on any person, corporation or entity, or on any income, property, incident, indicia or activity pursuant to governmental authority.
(26) (31) Taxpayer. -- The term 'taxpayer' means any person subject to the tax imposed by this article.
(27) (32) This code. -- The term 'this code' means the Code of West Virginia, one thousand nine hundred thirty-one, as amended.
(28) (33) This state. -- The term 'this state' means the State of West Virginia.
(29) (34) 'United States' means the United States of America and includes all of the states of the United States, the District of Columbia and United States territories and possessions.
(30) (35) 'Unitary business' means a single economic enterprise that is made up either of separate parts of a single business entity or of a commonly controlled group of business entities that are sufficiently interdependent, integrated and interrelated through their activities so as to provide a synergy and mutual benefit that produces a sharing or exchange of value among them and a significant flow of value to the separate parts. For purposes of this article and article twenty-three of this chapter, any business conducted by a partnership shall be treated as conducted by its partners, whether directly held or indirectly held through a series of partnerships, to the extent of the partner's distributive share of the partnership's income, regardless of the percentage of the partner's ownership interest or the percentage of its distributive or any other share of partnership income. A business conducted directly or indirectly by one corporation through its direct or indirect interest in a partnership is unitary with that portion of a business conducted by one or more other corporations through their direct or indirect interest in a partnership if there is a synergy and mutual benefit that produces a sharing or exchange of value among them and a significant flow of value to the separate parts and the corporations are members of the same commonly controlled group.
(31) (36) West Virginia taxable income. -- The term 'West Virginia taxable income' means the taxable income of a corporation as defined by the laws of the United States for federal income tax purposes, adjusted, as provided in this article: Provided, That in the case of a corporation having income from business activity which is taxable without this state, its 'West Virginia taxable income' shall be such the portion of its taxable income as so defined and adjusted as is allocated or apportioned to this state under the provisions of this article."
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. 537), and there were--yeas 93, nays 2, absent and not voting 5, with the yeas, nays and absent and not voting being as follows:
Yeas: Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: Andes and Lane.
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enrolled Com. Sub. for H. B. 4420) passed, as a result of the objections of the Governor.
On motion of Delegates White and DeLong, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 4420 - "A Bill to amend and reenact §11-24-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-24-4b, all relating generally to the manner in which the corporate net income tax is to be imposed on business entities; providing definitions of terms relating to insurance companies, unitary businesses and certain trusts and investment companies; and establishing the applicability of the tax upon real estate investment trusts, regulated investment companies, qualified real estate investment trusts and qualified regulated investment companies."
Delegate DeLong moved that the bill take effect January 1, 2009.
On this question, the yeas and nays were taken (Roll No. 538), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Yeas: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: None.
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
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 H. B. 4420) takes effect January 1, 2009.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 2:19 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.
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


Joe Manchin III


Governor


March 13, 2008



Veto Message


The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305

Dear Mr. Speaker:

Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 736.

I must object to this Bill because its proposed title does not reflect the amendments it purports to make to the Code of West Virginia. A reasonable person would not be able to decern the amendments without reading the entire text of the Bill. Accordingly, I find the title inconsistent with the substance of the Bill so as to render the Bill constitutionally defective. For this reason, I must veto this legislation. Notwithstanding this action, I urge the Legislature to amend the title and any other erroneous designations and return the Bill for approval.

Very truly yours,

Joe Manchin III
Governor.

On motion of Delegate DeLong, 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 one by striking out the title and substituting therefor a new title, to read as follows:
Enr. Com. Sub. for S. B. 736 - "An Act to amend and reenact §37-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §44A-1-8 of said code; and to amend and reenact §44A-3-5 of said code, all relating generally to appointment of guardians and conservators for persons under legal disability, including protected persons; clarifying the sale of real estate for persons under legal disability, including protected persons; authorizing background checks for persons seeking appointment as guardian or conservator; clarifying who may not be appointed guardian or conservator; clarifying when a conservator appointment is exempted; and making technical corrections."
The Speaker propounded, "Shall the bill pass, in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 539), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Yeas: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: None
Absent And Not Voting: Carmichael, Reynolds, Shook, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enrolled S. B. 736) passed, as a result of the objections of the Governor.
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 the adoption of the report of the Committee of Conference on and the passage, as amended by said report, to take effect from passage, of
Com. Sub. for S. B. 150, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article VI of the Constitution.
Conference Committee Report

Delegate White, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for S. B. 150, Budget bill, making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendment of the House to Engrossed Com. Sub. for Senate Bill No. 150 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 nine.
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 nine' shall mean the period from the first day of July, two thousand eight, through the thirtieth day of June, two thousand nine.
'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 eleven-b 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 eleven-b 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 shall have the authority to transfer within the department those general revenue funds appropriated to the various agencies of the department: 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 and no funds so transferred may be transferred to a '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 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: And 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 no authority exists hereunder to transfer funds into line-items to which no funds are legislatively appropriated: And provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary or other appropriate agency head 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.
Special revenue appropriations.

SECTION 10.
State improvement fund appropriations.

SECTION 11.
Specific funds and collection accounts.

SECTION 12.
Appropriations for refunding erroneous payment.

SECTION 13.
Sinking fund deficiencies.

SECTION 14.
Appropriations for local governments.

SECTION 15.
Total appropriations.

SECTION 16.
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 eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand nine.
LEGISLATIVE

1-Senate

Fund 0165 FY 2009 Org 2100

General
Revenue
ActivityFund

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
29,482

Total$
6,930,404

The appropriations for the senate for the fiscal year 2008 are to remain in full force and effect and are hereby reappropriated to June 30, 2009. Any balances so reappropriated may be transferred and credited to the fiscal year 2009 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 or middle school and one copy for each elementary school within the state.
2-House of Delegates

Fund 0170 FY 2009 Org 2200

Compensation of Members (R)003$
2,270,000

Compensation and Per Diem of Officers
and Employees (R)005
700,000

Current Expenses and Contingent Fund (R)021
4,621,162

Expenses of Members (R)399
1,190,000

BRIM Premium (R)913
28,120

Total$
8,809,282

The appropriations for the house of delegates for the fiscal year 2008 are to remain in full force and effect and are hereby reappropriated to June 30, 2009. Any balances so reappropriated may be transferred and credited to the fiscal year 2009 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 of Delegates 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.
3-Joint Expenses

(WV Code Chapter 4)

Fund 0175 FY 2009 Org 2300

Joint Committee on
Government and Finance (R)
104$
7,300,000

Legislative Printing (R)105
800,000

Legislative Rule-Making
Review Committee (R)
106
155,000

Legislative Computer System (R)107
950,000

Joint Standing Committee
on Education (R)
108
88,000

Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC)(R)
642
15,000,000

BRIM Premium (R)
913
22,000

Total$
24,315,000

The appropriations for the joint expenses for the fiscal year 2008 are to remain in full force and effect and are hereby reappropriated to June 30, 2009. Any balances so reappropriated may be transferred and credited to the fiscal year 2009 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

4-Supreme Court-

General Judicial

Fund 0180 FY 2009 Org 2400

Personal Services (R)
001
$64,058,926

Annual Increment (R)004
870,250

Employee Benefits (R)
010
20,236,863

Childrens' Protection Act
090
862,938

Unclassified (R)
099
23,380,486

Judges' Retirement System (R)110
2,763,000

Retirement Systems-
Unfunded Liability (R)
775
3,271,000

BRIM Premium (R)913
374,015

Total
$115,817,478

The appropriations to the supreme court of appeals for the fiscal years 2007 and 2008 are to remain in full force and effect and are hereby reappropriated to June 30, 2009. Any balances so reappropriated may be transferred and credited to the fiscal year 2009 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 appropriations for the Judges' Retirement System (activity 110) and Retirement Systems- Unfunded Liability (activity 775) are 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

5-Governor's Office

(WV Code Chapter 5)

Fund 0101 FY 2009 Org 0100

Personal Services001$2,433,155
Salary of Governor002
122,500

Annual Increment004
27,870

Employee Benefits010
722,929

Unclassified (R)099
1,446,075

National Governors' Association123
95,200

Southern States Energy Board
124
28,732

Southern Governors' Association
314
25,000

Pharmaceutical Advocate
753
614,601

BRIM Premium
913
206,143

P20 Jobs Cabinet
954
40,000

Total$5,762,205
Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, activity 099), Publication of Papers and Transition Expenses-Surplus (fund 0101, activity 359), Capital Outlay, Repairs and Equipment (fund 0101, activity 589), JOBS Fund (fund 0101, activity 665), and Pharmaceutical Cost Management Council (fund 0101, activity 796) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
6-Governor's Office-

Custodial Fund

(WV Code Chapter 5)

Fund 0102 FY 2009 Org 0100

Unclassified-Total (R)096$
646,936

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0102, activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
Funds are 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.
7-Governor's Office-

Civil Contingent Fund

(WV Code Chapter 5)

Fund 0105 FY 2009 Org 0100

Civil Contingent Fund-Total (R)
114
$4,000,000

Any unexpended balances remaining in the appropriation for Stream Restoration-Surplus (fund 0105, activity 078), Business and Economic Development Stimulus-Surplus (fund 0105, activity 084), Civil Contingent Fund-Total (fund 0105, activity 114), Civil Contingent Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund- Surplus (fund 0105, activity 263), Business and Economic Development Stimulus (fund 0105, activity 586), and Civil Contingent Fund (fund 0105, activity 614) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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.
8-Auditor's Office-

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2009 Org 1200

Personal Services001$
2,264,450

Salary of Auditor002
85,000

Annual Increment004
47,686

Employee Benefits010
793,983

Unclassified 099
622,226

BRIM Premium
913
15,428

Total$
3,828,773

9-Treasurer's Office

(WV Code Chapter 12)


Fund 0126 FY 2009 Org 1300

Personal Services001$
1,984,224

Salary of Treasurer002
85,000

Annual Increment004
31,060

Employee Benefits010
640,025

Unclassified (R)099
849,757

Abandoned Property Program118
305,051

Tuition Trust Fund (R)692
157,136

Personal Finance Education Program
for 21st Century Skills
313
250,000

BRIM Premium
913
30,809

Total
$
4,333,062

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 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
10-Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2009 Org 1400

Personal Services001$
4,073,184

Salary of Commissioner002
85,000

Annual Increment004
109,293

Employee Benefits010
1,584,724

Animal Identification Program039207,264
State Farm Museum
055
110,000

Unclassified (R)099
1,457,459

Gypsy Moth Program (R)119
1,218,571

Huntington Farmers Market
128
50,000

Black Fly Control (R)
137
805,926

Donated Foods Program
363
50,000

Predator Control (R)470
260,000

Logan Farmers Market
501
43,036

Bee Research
691
75,754

Microbiology Program (R)785
161,583

Moorefield Agriculture Center (R)786
1,162,363

BRIM Premium
913
145,962

4-H Camp Improvements
941
990,000

Threat Preparedness
942
77,107

WV Food Banks
969
100,000

Seniors's Farmers' Market Nutrition
Coupon Program
970
65,000

Total
$
12,832,226

Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0131, activity 097), Unclassified (fund 0131, activity 099), Gypsy Moth Program (fund 0131, activity 119), Black Fly Control (fund 0131, activity 137), Predator Control (fund 0131, activity 470), Microbiology Program (fund 0131, activity 785), and Moorefield Agriculture Center (fund 0131, activity 786) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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.
From the above appropriation for WV Food Banks (activity 969), the full appropriation shall be allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton County.
11-West Virginia Conservation Agency


(WV Code Chapter 19)

Fund 0132 FY 2009 Org 1400

Personal Services001$
502,380

Annual Increment004
10,726

Employee Benefits010
197,665

Unclassified (R) 099
446,997

Soil Conservation Projects (R)120
8,997,620

Marlinton Flood Wall (R)
757
1,500,000

BRIM Premium
913
12,969

Total$
11,668,357

Any unexpended balances remaining in the appropriations for Unclassified (fund 0132, activity 099), Soil Conservation Projects (fund 0132, activity 120), Maintenance of Flood Control Projects (fund 0132, activity 522), and Marlinton Flood Wall (fund 0132, activity 757) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
12-Department of Agriculture-

Meat Inspection

(WV Code Chapter 19)

Fund 0135 FY 2009 Org 1400

Unclassified-Total096$
684,808

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.
13-Department of Agriculture-

Agricultural Awards

(WV Code Chapter 19)

Fund 0136 FY 2009 Org 1400

Programs & Awards for 4-H Clubs and FFA/FHA
577
$ 15,000

Commissioner's Awards and Programs737
43,650

Total
$58,650

14-Department of Agriculture-

West Virginia Agricultural Land Protection Authority

(WV Code Chapter 8A)

Fund 0607 FY 2009 Org 1400

Unclassified-Total
096
$
110,000

15-Attorney General

(WV Code Chapters 5, 14, 46A and 47)


Fund 0150 FY 2009 Org 1500

Personal Services (R)001
$
2,464,631

Salary of Attorney General002
87,500

Annual Increment004
58,175

Employee Benefits (R)010
871,585

Unclassified (R)099
791,716

Better Government Bureau 740
312,129

Agency Client Revolving Liquidity Pool
362
120,000

BRIM Premium
913
118,590

Total
$
4,824,326

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 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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 Governor for final determination.
16-Secretary of State

(WV Code Chapters 3, 5 and 59)


Fund 0155 FY 2009 Org 1600

Personal Services001$
684,299

Salary of Secretary of State002
82,500

Annual Increment004
14,890

Employee Benefits010262,196
Unclassified (R)099
95,127

Technology Improvements
599
0

BRIM Premium913
33,554

Total
$
1,172,566

Any unexpended balance remaining in the appropriation for Unclassified (fund 0155, activity 099) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
17-State Election Commission

(WV Code Chapter 3)


Fund 0160 FY 2009 Org 1601

Unclassified-Total096$
10,275

DEPARTMENT OF ADMINISTRATION

18-Department of Administration-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2009 Org 0201

Personal Services
001$
479,703

Annual Increment
004
2,486

Employee Benefits
010
124,292

Teachers' Retirement Savings Realized
095
3,826,000

Unclassified
099
117,632

State Employee Sick Leave Fund
378
5,000,000

Lease Rental Payments
516
16,000,000

Design-Build Board
540
19,068

Financial Advisor
304
200,000

BRIM Premium
913
10,071

Total
$
25,779,252

Any unexpended balance remaining in the appropriation for Financial Advisor (fund 0186, activity 304) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
The appropriation for Lease Rental Payments shall be disbursed as provided by chapter thirty-one, article fifteen, section six-b of the code.
The above appropriation for Teachers' Retirement Savings Realized (activity 095) shall be transferred to the Employee Pension and Health Care Benefit Fund (fund 2044).
From the above appropriation for Financial Advisor (activity 304) amounts may be expended for financial consulting services, conditioned upon the provider of the services' monthly reports to the Joint Committee on Government and Finance on all aspects of its work, including all findings, reports, recommendations, projects and tasks.
19-Consolidated Public Retirement Board

(WV Code Chapter 5)


Fund 0195 FY 2009 Org 0205

Any unexpended balance remaining in the appropriation for Pension Merger Administrative Costs (fund 0195, activity 429) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
The division of highways, division of motor vehicles, 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.
20-Division of Finance

(WV Code Chapter 5A)

Fund 0203 FY 2009 Org 0209

Personal Services001$
82,411

Annual Increment004
1,101

Employee Benefits010
29,431

Unclassified099
140,663

GAAP Project (R)125
858,538

BRIM Premium
913
16,722

Total$
1,128,866

Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, activity 125) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
21-Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2009 Org 0211

Personal Services001$
1,495,957

Annual Increment004
27,742

Employee Benefits010
597,813

Unclassified099
736,079

Fire Service Fee
126
14,000

Preservation and Maintenance of Statues
and Monuments on Capitol Grounds
371
68,000

BRIM Premium913
112,481

Total$
3,052,072

From the above appropriation for Preservation and Maintenance of Statues and Monuments on Capitol Grounds (activity 371), the Division shall first restore The Union Soldiers, Sailors and Marines Monument, then consider the suggestions of the National Park Service resulting from its ongoing informal assessment of the condition of these statues and memorials in setting further priorities for preservation and maintenance. The Division shall report on its progress in these efforts at each meeting of the Council of Finance and Administration, along with its priorities for this and future funding. The Division shall also consult the Division of Culture and History and Capitol Building Commission in all aspects of planning, assessment, maintenance and restoration.
22-Division of Purchasing

(WV Code Chapter 5A)


Fund 0210 FY 2009 Org 0213

Personal Services001$
946,578

Annual Increment004
15,360

Employee Benefits010
301,996

Unclassified099
209,345

BRIM Premium
913
6,167

Total$
1,479,446

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.
23-Commission on Uniform State Laws

(WV Code Chapter 29)

Fund 0214 FY 2009 Org 0217

Unclassified-Total096$
45,000

To pay expenses for members of the commission on uniform state laws.
24-West Virginia Public Employees Grievance Board

(WV Code Chapter 6C)

Fund 0220 FY 2009 Org 0219

Personal Services001$
650,070

Annual Increment004
10,057

Employee Benefits010
178,618

Unclassified099
154,567

BRIM Premium
913
3,885

Total$
997,197

Any unexpended balance remaining in the appropriation for Unclassified-Surplus (fund 0220, activity 097) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
25-Ethics Commission

(WV Code Chapter 6B)

Fund 0223 FY 2009 Org 0220

Unclassified099$
713,325

BRIM Premium
913
3,098

Total$
716,423

26-Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2009 Org 0221

Personal Services001$
634,977

Annual Increment004
10,109

Employee Benefits010
217,738

Unclassified 099
346,240

Appointed Counsel Fees and
Public Defender Corporations (R)127
30,493,799

Public Defender Corporations (R)
352
0

BRIM Premium
913
18,340

Total$
31,721,203

Any unexpended balances remaining in the above appropriations for Appointed Counsel Fees and Public Defender Corporations (fund 0226, activity 127), and Public Defender Corporations (fund 0226, activity 352) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Unclassified (activity 099), $37,500 is to be used for the exclusive purpose of hiring additional help for the processing of attorney reimbursements.
27-Committee for the Purchase of

Commodities and Services from the Handicapped

(WV Code Chapter 5A)

Fund 0233 FY 2009 Org 0224

Unclassified-Total096$
5,046

28-West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 0557 FY 2009 Org 0228

Forensic Medical Examinations (R)683$
144,201

Federal Funds/Grant Match (R)749
100,991

Total$245,192
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 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
29-Children's Health Insurance Agency

(WV Code Chapter 5)

Fund 0588 FY 2009 Org 0230

Unclassified-Total
096
$
10,971,688

30-West Virginia Retiree Health Benefit Trust Fund

(WV Code Chapter 5)

Fund 0611 FY 2009 Org 0232

Unclassified-Total-Transfer
402
$
30,730,000

The above appropriation for Unclassified-Total-Transfer (fund 0611, activity 402) shall be transferred to the OPEB Benefit Contribution Accumulation Fund (fund 2541, org 0232).
31-Real Estate Division

(WV Code Chapter 5A)

Fund 0610 FY 2009 Org 0233

Unclassified-Total
096
$
526,413

DEPARTMENT OF COMMERCE

32-Division of Tourism

(WV Code Chapter 5B)

Fund 0246 FY 2009 Org 0304

Any unexpended balances remaining in the appropriations for Tourism Special Projects-Surplus (fund 0246, activity 293) and Tourism-Special Projects (fund 0246, activity 859) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
33-Division of Forestry

(WV Code Chapter 19)


Fund 0250 FY 2009 Org 0305

Personal Services001$2,588,335
Annual Increment00468,934
Employee Benefits0101,071,036
Unclassified
099
756,016

BRIM Premium
913
164,914

Total$
4,649,235

Out of the above appropriation a sum may be used to match federal funds for cooperative studies or other funds for similar purposes.
34-Geological and Economic Survey

(WV Code Chapter 29)


Fund 0253 FY 2009 Org 0306

Personal Services001$1,303,901
Annual Increment00439,017
Employee Benefits010451,363
Unclassified099203,313
Mineral Mapping System (R)2071,599,433
Geoscience Education Program
541
25,000

BRIM Premium
913
29,180

Total$
3,651,207

Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund 0253, activity 207) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
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.
35-West Virginia Development Office

(WV Code Chapter 5B)


Fund 0256 FY 2009 Org 0307

Personal Services001$3,655,971
Annual Increment00487,759
Employee Benefits0101,199,889
ARC-WV Home of Your Own Alliance
048
40,000

Southern WV Career Center
071
491,750

Unclassified0993,169,569
Partnership Grants (R)
131
1,950,000

National Youth Science Camp
132
200,000

Local Economic Development
Partnerships (R)
1331,870,000

ARC Assessment
136
167,308

Mid-Atlantic Aerospace Complex (R)
231
176,783

Guaranteed Work Force Grant (R)
242
2,247,000

Mingo County Surface Mine Project
296
125,000

Robert C. Byrd Institute for Advanced/
Flexible Manufacturing-Technology
Outreach and Programs for
Environmental and Advanced Technologies
367
519,800

Advantage Valley
389
74,300

Chemical Alliance Zone
390
38,300

WV High Tech Consortium
391
235,783

Charleston Farmers Market
476
100,000

Industrial Park Assistance (R)
480
0

International Offices (R)593690,644
Small Business Development (R)
703
423,187

WV Manufacturing Extension Partnership
731
144,000

Polymer Alliance
754
115,000

Regional Councils
784
440,000

Mainstreet Program
794
200,000

National Institute of Chemical Studies
805
70,500

Local Economic Development
Assistance (R)
819
7,250,000

I-79 Development Council
824
80,000

Community College Workforce Development
878
0

College Transition Program
887
0

WV Advance Workforce Development
893
0

Technical Program Development
894
0

BRIM Premium
913
26,096

Hardwood Alliance Zone
992
42,600

Total$
25,831,239

Any unexpended balances remaining in the appropriations for Tourism-Unclassified-Surplus (fund 0256, activity 075), Unclassified-Surplus (fund 0256, activity 097), 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), 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 Development (fund 0256, activity 703), Local Economic Development Assistance (fund 0256, activity 819), Economic Development Assistance (fund 0256, activity 900), and Mining Safety Technology (fund 0256, activity 945) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation to Local Economic Development Partnerships (activity 133) 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 fourteen, 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-four thousand dollars per county served by an economic development corporation or authority.
From the above appropriation for the Unclassified (fund 0256, activity 099), $125,000 is for King Coal Highway Authority; $125,000 is for Coal Field Expressway Authority; $100,000 is for Coal Heritage Highway Authority; $100,000 is for Coal Heritage Area Authority; $50,000 is for Little Kanawha River Parkway; $90,000 is for Midland Trail Scenic Highway Association; $57,000 is for Shawnee Parkway Authority; $100,000 is for Corridor G Highway Authority; $75,000 is for Corridor H Authority; and $50,000 is for Route 2 I68 Highway Authority.
From the above appropriation for the Unclassified (fund 0256, activity 099) $250,000 is for Hatfield McCoy Recreational Trail; and $80,000 is for the National Railway Historical Society New River Excursion.

36-Division of Labor

(WV Code Chapters 21 and 47)


Fund 0260 FY 2009 Org 0308

Personal Services001$1,964,122
Annual Increment00435,812
Employee Benefits010900,554
Unclassified099
712,975

BRIM Premium
913
47,521

Total$3,660,984
37-Division of Natural Resources

(WV Code Chapter 20)


Fund 0265 FY 2009 Org 0310

Personal Services001$9,747,402
Annual Increment004327,177
Employee Benefits0104,064,505
Gypsy Moth Suppression Program -
Wildlife Management Areas01442,997
Unclassified09912,255
Litter Control Conservation Officers564
161,281

Upper Mud River Flood Control654183,836
Land Purchase
761
0

Law Enforcement806
4,061,725

BRIM Premium
913
308,815

Total$
18,909,993

Any unexpended balance remaining in the above appropriation for Fish Hatchery Improvements (fund 0265, activity 825) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
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.
38-Division of Miners' Health,

Safety and Training

(WV Code Chapter 22)


Fund 0277 FY 2009 Org 0314

Personal Services001$6,188,925
Annual Increment00483,914
Employee Benefits0102,230,537
Unclassified (R)0992,197,375
WV Diesel Equipment Commission
712
38,034

BRIM Premium
913
72,393

Total$10,811,178
The appropriation above for Unclassified (fund 0277, fiscal year 2006, activity 099) shall be used in developing, procuring and/or deploying, technologies to assist in locating and communicating with trapped miners, supporting life, transporting rescue personnel and rescued individuals through underground mines and otherwise assist with mine rescue operations.
39-Board of Coal Mine

Health and Safety

(WV Code Chapter 22)


Fund 0280 FY 2009 Org 0319

Personal Services001$119,465
Annual Increment0041,004
Employee Benefits01032,357
Unclassified099
27,217

Total$180,043
40-Coal Mine Safety and Technical Review Committee

(WV Code Chapter 22)

Fund 0285 FY 2009 Org 0320

Unclassified
099
$63,352

Coal Forum
664
25,000

Total
$88,352

41-Department of Commerce-

Office of the Secretary

(WV Code Chapter 19)


Fund 0606 FY 2009 Org 0327

Unclassified - Total
096
$
474,770

42-Division of Energy

(WV Code Chapter 5H)

Fund 0612 FY 2009 Org 0328

Unclassified - Total
096
$1,769,661

From the above appropriation for Unclassified - Total (fund 0612, activity 096) $730,000 is for West Virginia University and $730,000 is for Southern West Virginia Community and Technical College for the Mine Training and Energy Technologies Academy.
DEPARTMENT OF EDUCATION

43-State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 0303 FY 2009 Org 0402

Personal Services001$
245,455

Annual Increment004
4,743

Employee Benefits010
87,562

Unclassified099
2,186,597

Total$
2,524,357

44-State FFA-FHA Camp and

Conference Center

(WV Code Chapters 18 and 18A)

Fund 0306 FY 2009 Org 0402

Personal Services001$
618,821

Annual Increment00420,678
Employee Benefits010251,410
Unclassified099
130,500

BRIM Premium
913
34,651

Total$1,056,060
45-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2009 Org 0402

Personal Services001$
3,552,974

Annual Increment004
47,263

Employee Benefits010
1,095,782

Unclassified (R)099
3,915,000

34/1000 Waiver
139
320,000

Increased Enrollment
140
8,680,000

Safe Schools
143
2,276,132

Teacher Mentor (R)
158
1,000,000

National Teacher Certification (R)
161
1,000,000

Allowance for County Transfers
264
240,169

Technology Repair and Modernization
298
1,000,000

Tax Assessment Errors
353
84,598

HVAC Technicians355
496,546

Early Retirement Notification Incentive
366
300,000

MATH Program
368
400,000

Teacher Reimbursement
573
300,000

Hospitality Training
600
434,199

Low Student Enrollment Allowance
615
800,000

Foreign Student Education (R)
636
93,881

State Teacher of the Year
640
42,643

Principals Mentorship
649
80,000

Allowance for Work Based Learning
744
60,000

Pilot Program of Structured in-school
Alternatives
826
100,000

21st Century Learners (R)
886
2,746,533

BRIM Premium
913
338,053

High Acuity Health Care Needs Program
920
1,000,000

School Nurse Funding
921
1,107,618

21st Century Assessment and Professional
Development931
4,500,000

WV Commission on Holocaust Education
935
15,000

Regional Education Service Agencies
972
4,200,000

Sparse Population Allocation
973
420,000

School Access Safety
978
0

Educational Program Allowance
996
250,000

High Acuity Special Needs
634
500,000

Allowance for Extraordinary
Sustained Growth
943
809,871

Total$
41,806,262

The above appropriation includes the state board of education and their executive office.
Any unexpended balances remaining in the appropriations for Collaborative Resource Allocation (fund 0313, activity 041), Educational Achievement Incentive (fund 0313, activity 042), Unclassified (fund 0313, activity 099), Teacher Mentor (fund 0313, activity 158), National Teacher Certification (fund 0313, activity 161), Foreign Student Education (fund 0313, activity 636), 21st Century Learners (fund 0313, activity 886), and Educational Enhancements-Surplus (fund 0313, activity 927) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Sparse Population Allocation (activity 973), funding shall be provided in the same manner as in Fiscal Year 2008. It shall be available to those counties whose population falls at or below 2.5 students per square mile and which have more than 650 square miles for transportation purposes.
From the above appropriation for Educational Program Allowance (activity 996), $100,000 shall be expended for Webster County Board of Education for Hacker Valley and $150,000 for the Randolph County Board of Education for Pickens School.
From the above appropriation for Low Student Enrollment Allowance (activity 615), funds shall be allocated to county boards of education in accordance with the provisions of §18-9A-22 of the Code of West Virginia.
The above appropriation for Hospitality Training (activity 600), shall be allocated only to entities that have a plan approved for funding by the Department of Education, at the funding level determined by the State Superintendent of Schools. Plans shall be submitted to the State Superintendent of Schools to be considered for funding.
From the above appropriation for Unclassified (activity 099) $150,000 is for Hancock County Board of Education, $120,000 is for Hardy County Board of Education, $225,000 is for Pendleton County Board of Education and $20,000 is for Taylor County Board of Education. This funding is needed to offset the deficits at these County Boards of Education.
46-State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 0314 FY 2009 Org 0402

Special Education-Counties159$
7,271,757

Special Education-Institutions1603,683,391
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers302
588,624

Education of Institutionalized
Juveniles and Adults (R)472
16,249,117

Total$27,792,889
Any unexpended balance remaining in the appropriation for Education of Institutionalized Juveniles and Adults (fund 0314, activity 472) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Education of Institutionalized Juveniles and Adults (activity 472), an additional $250,000 shall be provided for the Burlington Center-Mineral County.
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.
47-State Department of Education-

State Aid to Schools

(WV Code Chapters 18 and 18A)

Fund 0317 FY 2009 Org 0402

Other Current Expenses022$145,546,433
Professional Educators151850,299,661
Service Personnel152275,319,410
Fixed Charges153104,513,542
Transportation15465,862,890
Administration155
35,642,483

21st Century Strategic Technology
Learning Growth
936
1,882,410

Improved Instructional Programs156
34,387,231

Advanced Placement
053
775,245

Basic Foundation Allowances
1,514,229,305

Less Local Share
(358,289,205)

Total Basic State Aid
1,155,940,100

Public Employees' Insurance Matching012202,961,229
Teachers' Retirement System01949,839,994
School Building Authority453
23,345,075

Retirement Systems-Unfunded Liability
775289,707,000

Total
$
1,721,793,398

48-State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2009 Org 0402

Personal Services001$
1,039,288

Annual Increment004
21,910

Employee Benefits010
367,061

Unclassified099
1,210,000

Wood Products-Forestry Vocational
Program
146
57,530

Albert Yanni Vocational Program
147
150,000

Vocational Aid
148
17,202,326

Adult Basic Education149
3,895,435

Program Modernization
305
1,000,000

Technical and Secondary Program
Improvement Staff
330
293,054

GED Testing339
583,238

Aquaculture Support
769
89,533

FFA Grant Awards
839
13,000

Pre-Engineering Academy Program
840
300,000

Total$
26,222,375

Any unexpended balance remaining in the appropriation for GED Testing (fund 0390, activity 339) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.

49-State Board of Education-

Division of Educational Performance Audits

(WV Code Chapters 18 and 18A)

Fund 0573 FY 2009 Org 0402

Personal Services001$
431,237

Annual Increment004
4,836

Employee Benefits010
115,435

Unclassified099
179,782

Total$
731,290

50-West Virginia Schools for the

Deaf and the Blind

(WV Code Chapters 18 and 18A)

Fund 0320 FY 2009 Org 0403

Personal Services001$8,026,343
Annual Increment004
8,066

Employee Benefits010
3,195,238

Unclassified099
1,607,491

Capital Outlay and Maintenance
755
125,000

BRIM Premium
913
66,286

Total$
13,028,424

DEPARTMENT OF EDUCATION AND THE ARTS

51-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2009 Org 0431

Unclassified (R)
099
$
886,687

Center for Professional Development (R)
115
3,173,913

WV Humanities Council
168
450,000

Benedum Professional Development
Collaborative
427
1,100,000

Governor's Honor Academy (R)
478
500,450

Professional Development Collaborative
629
0

Energy Express
861
470,000

Special Olympic Games
966
25,000

BRIM Premium
913
4,509

Total$6,610,559
Any unexpended balances remaining in the appropriations for Unclassified (fund 0294, activity 099), Center for Professional Development (fund 0294 activity 115), Governor's Honor Academy (fund 0294, activity 478), and CPD-Math Initiative (fund 0294, activity 517) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
52-Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2009 Org 0432

Personal Services001$2,549,592
Annual Increment00460,977
Employee Benefits010
1,038,775

Unclassified099
898,468

Culture and History Programming732
292,945

Capital Outlay and Maintenance (R)
755
200,000

Historical Highway Marker Program (R)
844
75,000

BRIM Premium
913
48,979

Total$
5,164,736

Any unexpended balances remaining in the appropriations for Capital Outlay, Repairs and Equipment (fund 0293, activity 589), Capital Outlay, Repairs and Equipment-Surplus (fund 0293, activity 677), Capital Outlay and Maintenance (fund 0293, activity 755), Independence Hall (fund 0293, activity 812), and Historical Highway Marker Program (fund 0293, activity 844) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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.
53-Library Commission

(WV Code Chapter 10)

Fund 0296 FY 2009 Org 0433

Personal Services001$
991,852

Annual Increment00436,840
Employee Benefits010375,662
Unclassified099240,587
Services to Blind and Handicapped181183,750
BRIM Premium
913
24,817

Total$1,853,508
54-Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 0300 FY 2009 Org 0439

Personal Services001$
3,195,396

Annual Increment00469,536
Employee Benefits0101,106,562
Unclassified (R)0991,042,965
Mountain Stage
249
300,000

Capital Outlay and Maintenance (R)
755
100,000

BRIM Premium
913
56,048

Total$5,870,507
Any unexpended balances remaining in the appropriations for Unclassified (fund 0300, activity 099) and Capital Outlay and Maintenance (fund 0300, activity 755) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
55-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2009 Org 0932

Personal Services001$7,439,147
Annual Increment004166,317
Independent Living Services
009
500,000

Employee Benefits0102,838,985
Unclassified
099
502,066

Workshop Development1631,816,149
Supported Employment Extended Services
206
119,032

Ron Yost Personal Assistance Fund (R)407
400,000

Employment Attendant Care Program
598
229,000

Capital Outlay and Maintenance (R)
755
200,000

BRIM Premium
913
67,033

Total$14,277,729
Any unexpended balances remaining in the appropriations for Ron Yost Personal Assistance Fund (fund 0310, activity 407), Capital Outlay, Repairs and Equipment-Surplus (fund 0310, activity 677), and Capital Outlay and Maintenance (fund 0310, activity 755) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Workshop Development (activity 163), funds shall be used exclusively with the private non-profit community rehabilitation program organizations known as work centers or sheltered workshops. The appropriation shall also be used to continue the support of the program, services, and individuals with disabilities currently in place at those 31 organizations.
DEPARTMENT OF ENVIRONMENTAL PROTECTION

56-Environmental Quality Board

(WV Code Chapter 20)


Fund 0270 FY 2009 Org 0311

Personal Services001$73,982
Annual Increment004260
Employee Benefits01016,833
Unclassified
099
49,935

BRIM Premium
913
684

Total$141,694
57-Division of Environmental Protection

(WV Code Chapter 22)

Fund 0273 FY 2009 Org 0313

Personal Services
001
$3,510,144

Annual Increment
004
71,462

Employee Benefits
010
1,218,217

Unclassified
099
1,024,862

Dam Safety
607
207,477

West Virginia Stream Partners Program
637
77,396

WV Contribution to River Commissions
776
148,485

Office of Water Resources
Non-Enforcement Activity
855
1,166,633

Water Resources Protection
and Management
068
567,475

BRIM Premium
913
56,802

Welch DEP Office Continuing Operation 99379,115
Total
$8,128,068

58-Air Quality Board

(WV Code Chapter 16)

Fund 0550 FY 2009 Org 0325

Unclassified
099
$96,733

BRIM Premium
913
2,771

Total
$99,504

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

59-Department of Health and Human Resources-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0400 FY 2009 Org 0501

Unclassified099$
214,461

Women's Commission (R)
191
194,487

Commission for the Deaf
and Hard of Hearing
704
258,396

Total
$
667,344

Any unexpended balance remaining in the appropriation for the Women's Commission (fund 0400, activity 191) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
60-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2009 Org 0506

Personal Services001$7,860,235
Annual Increment004207,144
Employee Benefits0103,169,593
Chief Medical Examiner
045
4,022,767

Unclassified0995,127,035
Safe Drinking Water Program187533,563
Women, Infants and Children
210
65,000

Basic Public Health Services Support
212
3,359,583

Early Intervention
223
3,307,043

Cancer Registry
225
285,854

ABCA Tobacco Retailer Education
Program-Transfer
239
200,000

CARDIAC Project
375
470,000

State EMS Technical Assistance
379
1,434,441

EMS Program for Children
381
50,686

Statewide EMS Program Support (R)
383
958,394

Primary Care Centers-Mortgage Finance
413
786,918

Black Lung Clinics
467
198,646

Center for End of Life
545
250,000

Women's Right to Know
546
40,000

Pediatric Dental Services
550
150,216

Vaccine for Children
551
440,275

Adult Influenza Vaccine
552
65,000

Tuberculosis Control
553
256,480

Maternal and Child Health Clinics,
Clinicians and Medical Contracts
and Fees (R)
5757,837,985

Epidemiology Support6261,729,371
Primary Care Support6288,846,513
State Aid to Local Health Departments70212,050,718
Health Right Free Clinics7272,749,336
Capital Outlay and Maintenance (R)
755
250,000

Healthy Lifestyles (R)
778
168,000

Emergency Response Entities -
Special Projects
822
1,000,000

Assistance to Primary Health Care
Centers Community Health
Foundation (R)
845
1,150,000

Osteoporosis and Arthritis Prevention
849
289,145

Tobacco Education Program (R)
906
5,680,185

BRIM Premium
913
211,214

State Trauma and Emergency Care System
918
1,350,547

Total$
76,551,887

Any unexpended balances remaining in the appropriations for Statewide EMS Program Support (fund 0407, activity 383), Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, activity 575), Capital Outlay and Maintenance (fund 0407, activity 755), Healthy Lifestyles (fund 0407, activity 778), Assistance to Primary Health Care Centers Community Health Foundation (fund 0407, activity 845) and Tobacco Education Program (fund 0407, activity 906) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Unclassified (activity 099), an amount not less than $100,000 is for the West Virginia Cancer Coalition.
From the above appropriation for Maternal and Child Health Clinics,
Clinicians and Medical Contracts and Fees (fund 0407, activity 575) $250,000 is for the West Virginia University Center for Excellence in Women's Health.
From the Unclassified line item (activity 099), $50,000 shall be expended for the West Virginia Aids Coalition. Also included in the above appropriation for Unclassified, is an additional $100,000 for Human Papillomavirus (HPV) Education.
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.
From the above appropriation for ABCA Tobacco Retailer Education Program-Transfer (activity 239), $200,000 shall be transferred to the Alcohol Beverage Control Administration (fund 7352, org 0708) for expenditure.
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.; $30,000 for the mortgage payment for the Tug River Health Association, Inc.; $48,000 for the mortgage payment for the Primary Care Systems (Clay); $20,000 for the mortgage payment for the Belington Clinic; $30,000 for the mortgage payment for the Tri-County Health Clinic; $15,000 for the mortgage payment for Valley Health Care (Randolph); $58,560 for the mortgage payment for Valley Health Systems, Inc. (Woman's Place and Harts Health Clinic); $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 payment for the North Fork Clinic (Pendleton); $40,000 for the mortgage payment for the Pendleton Community Care; $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; $13,000 for the mortgage payment for the St. George Medical Clinic; $28,000 for the mortgage payment for the Bluestone Health Center; $45,000 for the mortgage payment for Wheeling Health Right; $48,000 for the mortgage payment for the Minnie Hamilton Health Care Center, Inc.; $54,000 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.; $45,000 for the mortgage payment for the Change, Inc.; and $28,958 for the mortgage payment for the Wirt County Health Services Association.
Also included in the above appropriation for State Aid to Local Health Departments is additional funding for salary increases.
From the above appropriation for Unclassified (activity 099), $50,000 is for Hospital Hospitality House of Huntington.

61-Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 0525 FY 2009 Org 0506

Personal Services001$666,257
Annual Increment00414,869
Employee Benefits010266,951
Special Olympics208
26,074

Behavioral Health Program-
Unclassified (R)
21952,829,562

Family Support Act
221
1,093,923

Institutional Facilities Operations (R)33584,999,251
Capital Outlay and Maintenance (R)
755
2,000,000

Colin Anderson Community Placement (R)
803
1,164,000

Renaissance Program
804
194,000

BRIM Premium
913
1,088,070

Total$
144,342,957

Any unexpended balances remaining in the appropriations for Behavioral Health Program- Unclassified (fund 0525, activity 219), Institutional Facilities Operations (fund 0525, activity 335), Capital Outlay (fund 0525, activity 511), Capital Outlay and Maintenance (fund 0525, activity 755), and Colin Anderson Community Placement (fund 0525, activity 803) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The secretary shall, 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.
Included in the above appropriation for Behavioral Health Program - Unclassified (fund 0525, activity 219) is $150,000 for the Four Angels Substance Abuse Treatment Project development.
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), on July 1, 2008, 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 5156, fiscal year 2009, 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.
62-Division of Health-

West Virginia Drinking Water Treatment

(WV Code Chapter 16)

Fund 0561 FY 2009 Org 0506

West Virginia Drinking Water Treatment
Revolving Fund-Transfer689$
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.
63-Human Rights Commission

(WV Code Chapter 5)

Fund 0416 FY 2009 Org 0510

Personal Services001$735,925
Annual Increment00419,912
Employee Benefits010231,987
Unclassified099261,293
BRIM Premium
913
19,326

Total$
1,268,443

64-Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2009 Org 0511

Personal Services001$26,896,975
Annual Increment004773,138
Employee Benefits01010,631,343
Unclassified09917,208,257
Child Care Development1441,271,030
Medical Services Contracts and Office
of Managed Care1832,335,469
Medical Services (R)189393,705,687
Social Services19575,586,872
Family Preservation Program1961,565,000
Family Resource Networks (R)
274
1,905,367

Domestic Violence Legal Services Fund384
400,000

James 'Tiger' Morton Catastrophic
Illness Fund455
942,395

Child Protective Services Case Workers 46817,141,545
Medical Services Trust Fund Transfer 5125,000,000
OSCAR and RAPIDS 515
3,522,921

WV Teaching Hospitals
Tertiary/Safety Net
547
6,356,000

Child Welfare System 6032,664,962
In-Home Family Education
688
1,000,000

WV Works Separate State Program
698
5,000,000

Child Support Enforcement705
6,902,512

Medicaid Auditing706603,904
Temporary Assistance for Needy
Families/Maintenance of Effort70722,969,096
Child Care Maintenance of
Effort Match7085,693,743
Child and Family Services
736
2,850,000

Grants for Licensed Domestic Violence
Programs and Statewide Prevention7501,500,000
Capital Outlay and Maintenance
755
25,000

Medical Services Administrative Costs
789
18,531,012

Indigent Burials (R)851
1,700,000

BRIM Premium
913
834,187

Rural Hospitals Under 150 Beds
940
2,596,000

Children's Trust Fund-Transfer 951300,000
Total$
638,412,415

Any unexpended balances remaining in the appropriations for Medical Services (fund 0403, activity 189), Family Resource Networks (fund 0403, activity 274), and Indigent Burials (fund 0403, activity 851) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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.
From the above appropriation for Child Support Enforcement (fund 0403, activity 705) an amount not to exceed $300,000 may be transferred to a local banking depository to be utilized to offset funds determined to be uncollectible.
From the above appropriation for the Grants for Licensed Domestic Violence Programs and Statewide Prevention (activity 750), $500,000 shall be divided equally and distributed among the fourteen (14) licensed programs and the West Virginia Coalition Against Domestic Violence (WVCADV).
Any unexpended balance remaining in the appropriation for Grants for Licensed Domestic Violence Programs and Statewide Prevention (activity 750), shall be distributed according to the formula established by the Family Protection Services Board.
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 Children's Trust Fund-Transfer (activity 951) shall be transferred to the Children's Fund (fund 5469, org 0511).
From the WV Works Separate State Program (activity 698), $1,700,000 shall be transferred to the WV WORKS Separate State College Program Fund, and $3,300,000 shall be transferred to the WV WORKS Separate State Two Parent Families Program Fund.
From the above appropriation for Medical Services (activity 189), the division shall expend any funds necessary to comply with the Court Order dated March 15, 2000 in the Benjamin H. Et. Al. Joan Ohl case.
DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

65-Department of Military Affairs and

Public Safety-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2009 Org 0601

Unclassified (R)
099
$540,719

BRIM Premium
913
9,404

Homeland State Security Administrative
Agency (R)
953
578,999

WV Fire and EMS Survivor Benefit
939
250,000

Total
$
1,379,122

Any unexpended balances remaining in the appropriations for Unclassified (fund 0430, activity 099), Capital Outlay (fund 0430, activity 511), Interoperable Communications System-Surplus (fund 0430, activity 771) and Homeland State Security Administrative Agency (fund 0430, activity 953), at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
66-Adjutant General-

State Militia

(WV Code Chapter 15)

Fund 0433 FY 2009 Org 0603

Personal Services001$0
Annual Increment0040
Employee Benefits0100
Unclassified (R)099
20,054,605

Mountaineer ChalleNGe Academy
709
0

BRIM Premium913
0

Total$
20,054,605

Any unexpended balances remaining in the appropriations for Unclassified (fund 0433, activity 099), and Armory Capital Improvements-Surplus (fund 0433, activity 325) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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.
From the above appropriation for Unclassified (fund 0433, activity 099) $100,000 is for the Oak Hill Armory and an amount not less than $1,200,000 is for the Mountaineer ChalleNGe Academy.
67-Adjutant General-

Military Fund

(WV Code Chapter 15)

Fund 0605 FY 2009 Org 0603

Unclassified-Total096$200,000
68-West Virginia Parole Board

(WV Code Chapter 62)

Fund 0440 FY 2009 Org 0605

Personal Services001$191,650
Annual Increment0042,307
Employee Benefits010224,707
Unclassified099209,172
Salaries of Members of West Virginia
Parole Board227
455,000

BRIM Premium
913
13,681

Total$
1,096,517

69-Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)

Fund 0443 FY 2009 Org 0606

Personal Services001$428,083
Annual Increment0048,060
Employee Benefits010166,375
Unclassified (R)
099
349,637

Radiological Emergency Preparedness
554
30,000

Federal Funds/Grant Match (R)
749
742,344

Mine and Industrial Accident Rapid
Response Call Center
781
558,154

Early Warning Flood System (R)877
522,340

BRIM Premium
913
35,158

Disaster Mitigation
952
100,000

WVU Charleston Poison Control Hotline
944
596,100

Total$
3,536,251

Any unexpended balances remaining in the appropriations for Unclassified (fund 0443, activity 099), Flood Reparations (fund 0443, activity 400), Homeland Security Over Obligation-Surplus (fund 0443, activity 693), Federal Funds/Grant Match (fund 0443, activity 749), Early Warning Flood System (fund 0443, activity 877), and Homeland Security Grant Match-Surplus (fund 0443, activity 957) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.

70-Division of Corrections-

Central Office

(WV Code Chapters 25, 28, 49 and 62)

Fund 0446 FY 2009 Org 0608

Personal Services001$415,385
Annual Increment0047,235
Employee Benefits010130,271
Unclassified099
103,470

Total$
656,361

Any unexpended balance remaining in the appropriation for Management Information System (fund 0446, activity 398) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
71-Division of Corrections-

Correctional Units

(WV Code Chapters 25, 28, 49 and 62)

Fund 0450 FY 2009 Org 0608

Employee Benefits
010
$
363,744

Childrens Protection Act (R)
090
927,500

Unclassified
099
1,303,949

Charleston Work Release
456
1,361,601

Beckley Correctional Center
490
1,004,662

Huntington Work Release
495
902,862

Anthony Center
504
4,693,121

Huttonsville Correctional Center
514
20,592,822

Northern Correctional Facility
534
6,882,871

Inmate Medical Expenses (R)
535
22,726,064

Pruntytown Correctional Center
543
6,820,548

Payments to Federal, County and/or
Regional Jails
555
20,000,000

Corrections Academy
569
1,287,167

Martinsburg Correctional Center
663
3,328,255

Parole Services
686
2,462,243

Special Services
687
3,183,086

Capital Outlay and Maintenance (R)
755
2,000,000

Stephens Correctional Facility
791
5,724,500

St. Mary's Correctional Facility
881
13,037,432

Denmar Correctional Facility
882
4,319,182

Ohio County Correctional Facility
883
1,510,923

Mt. Olive Correctional Facility
888
20,119,819

Lakin Correctional Facility
896
10,470,456

BRIM Premium913
923,862

Total$
155,946,669

Any unexpended balances remaining in the appropriations for Children's Protection Act (fund 0450, activity 090), Unclassified- Surplus (fund 0450, activity 097), Inmate Medical Expenses (fund 0450, activity 535), and Capital Outlay and Maintenance (fund 0450, activity 755) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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 individual units to Payments to Federal, County and/or Regional Jails (fund 0450, activity 555) or Inmate Medical Expenses (fund 0450, activity 535).
From the above appropriation to Unclassified, on July 1, 2008, 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.
72-West Virginia State Police

(WV Code Chapter 15)

Fund 0453 FY 2009 Org 0612

Personal Services001$42,344,076
Annual Increment004250,154
Employee Benefits0108,635,864
Childrens Protection Act
090
943,127

Unclassified0998,903,839
Vehicle Purchase4512,000,000
Barracks Lease Payments
556
440,088

Communications and
Other Equipment (R)5581,013,285
Trooper Retirement Fund6054,250,347
Retirement Systems-Unfunded Liability
775
1,271,000

Handgun Administration Expense74778,388
Capital Outlay and Maintenance (R)
755
500,000

Automated Fingerprint
Identification System (R)
898
642,083

BRIM Premium913
5,714,983

Total$
76,987,234

Any unexpended balances remaining in the appropriations for Barracks Maintenance and Construction (fund 0453, activity 494), Communications and Other Equipment (fund 0453, activity 558), Capital Outlay and Maintenance (fund 0453, activity 755), Law Enforcement-Special Projects (fund 0453, activity 787), and Automated Fingerprint Identification System (fund 0453, activity 898) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Capital Outlay and Maintenance, the sum of $250,000 shall be utilized for the construction of a new detachment in Calhoun County, provided that the Calhoun County Board of Education is willing to donate the land for the site to the State Police, and provided further that any site preparation needed on the site shall be completed as part of the donation.
From the above appropriation for Personal Services, an amount not less than $25,000 shall be expended to offset the costs associated with providing police services for the West Virginia State Fair.
73-Division of Veterans' Affairs

(WV Code Chapter 9A)

Fund 0456 FY 2009 Org 0613

Personal Services001$1,080,974
Annual Increment00443,710
Employee Benefits010428,109
Unclassified099214,847
Veterans' Field Offices
228
175,985

Veterans' Nursing Home (R)
286
6,511,329

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

Educational Opportunities for
Children of Deceased Veterans (R)
854
100,000


Veterans' Grave Markers
473
15,750

Veterans' Transportation
485
975,000

BRIM Premium
913
23,860

Total$
9,956,168

Any unexpended balances remaining in the appropriations for Veterans' Nursing Home (fund 0456, activity 286), Veterans' Reeducation Assistance (fund 0456, activity 329), Veterans' Grant Program (fund 0456, activity 342), Women's Veterans' Monument (fund 0456, activity 385), Veterans' Bonus (fund 0456, activity 483), and Educational Opportunities for Children of Deceased Veterans (fund 0456, activity 854) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation for Veterans' Nursing Home (fund 0456, activity 286) may be transferred to the Veterans Facilities Support Fund (fund 6703, org 0613) at the discretion of the director of the Division of Veterans' Affairs.
74-Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)

Fund 0460 FY 2009 Org 0618

Personal Services001$
745,703

Annual Increment00424,944
Employee Benefits010340,249
Unclassified099
80,019

Total$
1,190,915

75-Fire Commission

(WV Code Chapter 29)

Fund 0436 FY 2009 Org 0619

Unclassified-Total
096
$
87,853

76-Division of Criminal Justice Services

(WV Code Chapter 15)

Fund 0546 FY 2009 Org 0620

Personal Services001$309,419
Annual Increment0044,525
Employee Benefits010104,818
Unclassified099136,879
Community Corrections (R)
561
3,500,000

Statistical Analysis Program597
51,329

Grants Program
694
500,000

Child Advocacy Centers
458
1,000,000

BRIM Premium
913
1,660

Total$
5,608,630

Any unexpended balances remaining in the appropriations for Community Corrections-Surplus(fund 0546, activity 060) and Community Corrections (fund 0546, activity 561) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Child Advocacy Centers (fund 0546, activity 458), the division may retain an amount not to exceed 5% of the total appropriation for administrative purposes.
77-Division of Juvenile Services

(WV Code Chapter 49)

Fund 0570 FY 2009 Org 0621

Jones Building Treatment Center
261
$
1,770,000

Statewide Reporting Centers
262
1,480,700

Robert L. Shell Juvenile Center (R)
267
2,097,569

Central Office (R)
701
2,307,233

Capital Outlay and Maintenance (R)
755
500,000

Gene Spadaro Juvenile Center (R)
793
2,101,329

BRIM Premium
913
113,016

WV Industrial Home for Youth (R)
979
11,177,004

Davis Center (R)
980
2,982,871

Eastern Regional Juvenile Center (R)
981
2,058,683

Northern Regional Juvenile Center (R)
982
1,110,465

North Central Regional
Juvenile Center (R)
983
1,871,644

Southern Regional Juvenile Center (R)
984
1,930,002

Tiger Morton Center (R)
985
2,077,929

Donald R. Kuhn Juvenile Center (R)
986
4,152,672

J.M. 'Chick' Buckbee
Juvenile Center (R)
987
1,989,111

Total
$
39,720,228

Any unexpended balances remaining in the appropriations for Robert L. Shell Juvenile Center (fund 0570, activity 267), Central Office (fund 0570, activity 701), Capital Outlay and Maintenance (fund 0570, activity 755), Southern WV Youth Diagnostic Center (fund 0570, activity 792), Gene Spadaro Juvenile Center (fund 0570, activity 793), WV Industrial Home for Youth (fund 0570, activity 979), Davis Center (fund 0570, activity 980), Eastern Regional Juvenile Center (fund 0570, activity 981), Northern Regional Juvenile Center (fund 0570, activity 982), North Central Regional Juvenile Center (fund 0570, activity 983), Southern Regional Juvenile Center (fund 0570, activity 984), Tiger Morton Center (fund 0570, activity 985), Donald R. Kuhn Juvenile Center (fund 0570, activity 986), J.M. 'Chick' Buckbee Juvenile Center (fund 0570, activity 987), Salem Canine (fund 0570, activity 988), Davis Canine (fund 0570, activity 989), and The Academy (fund 0570, activity 990) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009, with the exception of fund 0570, fiscal year 2004, activity 701 ($501.03); fund 0570, fiscal year 2006, activity 267 ($216,431.76); fund 0570, fiscal year 2007, activity 267 ($9,285.16); Fund 0570 fiscal year 2006, activity 792 ($6,611.33); fund 0570, fiscal year 2007, activity 792 ($100,000.00); fund 0570, fiscal year 2006, activity 793 ($42,198.25); fund 0570, fiscal year 2007, activity 793 ($35,000.00); fund 0570, fiscal year 2006, activity 701 ($165,327.61); fund 0570, fiscal year 2007, activity 701 ($29,227.19); fund 0570, fiscal year 2006, activity 979 ($211,279.38); fund 0570, fiscal year 2007, activity 979 ($130,000); fund 0570, fiscal year 2006, activity 980 ($3,541.98); fund 0570, fiscal year 2006, activity 981 ($127,700.58); fund 0570, fiscal year 2007, activity 981 ($460,000.00); fund 0570, fiscal year 2006, activity 983 ($52,532.92); fund 0570, fiscal year 2007, activity 983 ($73.00); fund 0570, fiscal year 2006, activity 984 ($46,871.46); fund 0570, fiscal year 2006, activity 985 ($53,802.04); fund 0570, fiscal year 2007, activity 985 ($63,028.27); fund 0570, fiscal year 2006, activity 986 ($11,391.53);
fund 0570, fiscal year 2006, activity 987 ($124,477.40); fund 0570, fiscal year 2007, activity 987 ($25,000.00); fund 0570, fiscal year 2007, activity 988 ($36,044.51); fund 0570, fiscal year 2007, activity 989 ($1,436.77); fund 0570, fiscal year 2006, activity 990 ($42,508.92); fund 0570, fiscal year 2007, activity 990 ($5,728.91); which shall expire on June 30, 2008.
The director 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 expenditures made for personal services, annual increment, current expenses, repairs and alterations, and equipment.
From the above appropriations, on July 1, 2008, 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.
78-Division of Protective Services

(WV Code Chapter 5F)

Fund 0585 FY 2009 Org 0622

Personal Services
001
$
1,348,894

Annual Increment
004
38,090

Employee Benefits
010
577,613

Unclassified (R)
099
440,451

BRIM Premium913
7,026

Total$
2,412,074

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 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
DEPARTMENT OF REVENUE

79-Office of the Secretary

(WV Code Chapter 11)

Fund 0465 FY 2009 Org 0701

Unclassified-Total
096
$
876,428

Any unexpended balance remaining in the appropriation for Unclassified (fund 0465, activity 099) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
80-Tax Division

(WV Code Chapter 11)


Fund 0470 FY 2009 Org 0702

Personal Services (R)001$13,178,514
Annual Increment004322,206
Employee Benefits (R)0104,722,547
Unclassified (R)0998,999,097
GIS Development Project (R)
562
150,000

Remittance Processor (R)
570
381,015

Multi State Tax Commission
653
77,958

BRIM Premium913
14,420

Total$
27,845,757

Any unexpended balances remaining in the appropriations for Personal Services (fund 0470, activity 001), Employee Benefits (fund 0470, activity 010), Tax Technology Upgrade (fund 0470, activity 094), Unclassified (fund 0470, activity 099), Integrated Tax Accounting System (fund 0470, activity 292), GIS Development Project (fund 0470, activity 562), and Remittance Processor (fund 0470, activity 570) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
81-State Budget Office

(WV Code Chapter 11B)

Fund 0595 FY 2009 Org 0703

Unclassified (R)
099
$
936,212

Pay Equity Reserve
364
250,000

BRIM Premium
913
5,183

Total
$
1,191,395

Any unexpended balance remaining in the appropriation for Unclassified (fund 0595, activity 099) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
82-West Virginia Office of Tax Appeals

(WV Code Chapter 11)


Fund 0593 FY 2009 Org 0709

Unclassified-Total (R)
096
$685,819

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0593, activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
83-Division of Professional and

Occupational Licenses-

State Athletic Commission

(WV Code Chapter 29)


Fund 0523 FY 2009 Org 0933

Unclassified-Total
096
$89,500

DEPARTMENT OF TRANSPORTATION


84-State Rail Authority

(WV Code Chapter 29)


Fund 0506 FY 2009 Org 0804

Unclassified
099
$2,617,304

BRIM Premium
913
205,260

Total
$2,822,564

From the above appropriation for Unclassified (activity 099), $30,000 shall be expended for improvements at the Duffield Station.
85-Division of Public Transit

(WV Code Chapter 17)


Fund 0510 FY 2009 Org 0805

Unclassified (R)
099
$1,758,342

Federal Funds/Grant Match(R)
749
1,265,000

Total
$3,023,342

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 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
86-Public Port Authority

(WV Code Chapter 17)


Fund 0581 FY 2009 Org 0806

Unclassified (R)099$437,851
BRIM Premium
913
5,570

Total
$
443,421

Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 0581, activity 096) and Unclassified (fund 0581, activity 099) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
87-Aeronautics Commission


(WV Code Chapter 29)


Fund 0582 FY 2009 Org 0807

Unclassified (R)
099
$1,317,600

Civil Air Patrol
234
163,258

Total
$1,480,858

Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0582, activity 097) and Unclassified (fund 0582, activity 099) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Unclassified, the sum of $120,000 shall be distributed equally to each of the twelve local Civil Air Patrol Squadrons.
BUREAU OF SENIOR SERVICES


88-Bureau of Senior Services

(WV Code Chapter 29)

Fund 0420 FY 2009 Org 0508

Any unexpended balance remaining in the appropriation for Unclassified-Total-Surplus (fund 0420, activity 284) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
HIGHER EDUCATION


89-West Virginia Council for

Community and Technical College Education-

Control Account

(WV Code Chapter 18B)

Fund 0596 FY 2009 Org 0420

New River Community and
Technical College
358
$
5,673,054

West Virginia Council for Community
and Technical Education (R)
392
886,664

Eastern West Virginia Community and
Technical College
412
2,062,115

West Virginia State Community and
Technical College
445
4,038,673

Southern West Virginia Community and
Technical College
446
8,633,197

West Virginia Northern Community and
Technical College
447
7,710,716

West Virginia University-
Parkersburg
471
9,735,011

West Virginia University Institute
for Technology Community and
Technical College
486
3,896,885

Marshall Community and
Technical College
487
5,911,742

Community College
Workforce Development (R)
878
1,000,000

Blue Ridge Community and
Technical College
885
2,955,463

College Transition Program (R)
887
333,500

West Virginia Advance Workforce
Development (R)
893
4,000,000

Technical Program Development (R)
894
2,500,000

Pierpont Community and Technical College
930
8,328,395

Total
$
67,665,415

Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0596, activity 097), Unclassified (fund 0596, activity 099), the West Virginia Council for Community and Technical Education (fund 0596, activity 392), Community College Workforce Development (fund 0596, activity 878), College Transition Program (fund 0596, activity 887), West Virginia Advance Workforce Development (fund 0596, activity 893), and Technical Program Development (fund 0596, activity 894) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for the Community College Workforce Development (activity 878), $200,000 shall be expended on the Mine Training Program in Southern West Virginia.
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.
90-Higher Education Policy Commission-

Administration-

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2009 Org 0441

Unclassified
099
$
2,981,965

Higher Education Grant Program
164
34,084,576

WVNET
169
2,072,112

VISTA E-Learning (R)
519
300,000

PROMISE Scholarship-Transfer
800
14,616,000

HEAPS Grant Program
867
5,003,696

BRIM Premium
913
56,054

Total
$
59,114,403

Any unexpended balances remaining in the appropriations for Research Challenge (fund 0589, activity 502), VISTA E-Learning (fund 0589, activity 519), and Vice Chancellor for Health Sciences-Rural Health Initiative Program and Site Support (fund 0589, activity 595) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation for Higher Education Grant Program (activity 164) shall be transferred to the Higher Education Grant Fund (fund 4933, org 0441) established by chapter eighteen-c, article five, section three.
The above appropriation for PROMISE Scholarship-Transfer (activity 800) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article seven, section seven.
From the above appropriation for Unclassified (activity 099) $800,0000 is for West Liberty State College Highland Complex.
91-Higher Education Policy Commission-

System-

Control Account

(WV Code Chapter 18B)

Fund 0586 FY 2009 Org 0442

WVU School of Health Science-
Eastern Division
056
$
2,605,638

School of Osteopathic Medicine
172
7,448,615

Marshall Medical School
173
12,331,828

WVU-School of Health Sciences
174
17,095,568

WVU School of Health Sciences-
Charleston Division
175
2,615,805

Rural Health Outreach Programs
377
600,000

School of Osteopathic Medicine
BRIM Subsidy
403
174,475

Bluefield State College
408
6,442,321

Concord University
410
9,977,767

Fairmont State University
414
13,769,754

Glenville State College
428
6,489,617

Shepherd University
432
11,018,482

West Liberty State College
439
9,125,137

West Virginia State University
441
10,734,590

Marshall University
448
49,306,129

Marshall University Medical School
BRIM Subsidy
449
1,015,462

West Virginia University
459
115,512,018

West Virginia University School of
Medicine BRIM Subsidy
460
1,400,038

West Virginia University Institute
for Technology
479
8,547,469

State Priorities-Brownfield Professional
Development (R)
531
902,830

Rural Health Initiative-Medical
Schools Support
581
475,235

Area Health Education Centers
743
0

West Virginia State University Land
Grant Match956
1,908,000

West Virginia University-
Potomac State
994
4,604,493

Total
$
294,101,271

Any unexpended balances remaining in the appropriations for Marshall School of Medicine-Surplus (fund 0586, activity 452), WVUIT-ABET Accreditation (fund 0586, activity 454), Jackson's Mill (fund 0586, activity 461), State Priorities-Brownfield Professional Development (fund 0586, activity 531), Jackson's Mill-Surplus (fund 0586, activity 842), Higher Education-Special Projects-Surplus (fund 0586, activity 946), and Blanchette Rockefeller Neurological Services-Surplus (fund 0586, activity 947) at the close of fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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 approval of 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 $800,000 for the Blanchette Rockefeller Project.
Included in the above appropriation for Glenville State College is $200,000 for a 13 county consortium between the County School Systems and Glenville State and $25,000 is for Glenville State Athletic Program.
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, $82,500 for the WVU-Sheep Study, $500,000 for the Mining Engineering Program, $500,000 for the Center for Multiple Sclerosis Program, $550,000 for the Davis College of Forestry Agriculture and Consumer Sciences various improvements, $200,000 for Reedsville Arena, Meat Labs, and outreach activities, $80,000 for a Landscape Architect at Davis College of Forestry Agriculture and Consumer Sciences, $100,000 for the WVU-Soil Testing Program, $100,000 for a veterinarian, 50,000 for the WVU Cancer Study, 220,000 for the WVU Petroleum Engineering Program, $260,000 for the Alzheimer's Disease Registry, $110,000 for the rifle team, $250,000 for the Jackson's Mill Arena building, $500,000 for the Jackson's Mill Infrastructure electricity and water, and $100,000 for Turkey Research at Raymann Memorial Farms.
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.
Included in the above appropriation for Concord University is $100,000 for the Geographic Alliance.
Included in the above appropriation for Shepherd University is $100,000 for the Gateway Program.
From the above appropriation for State Priorities-Brownfield Professional Development (fund 0586, activity 591) $50,000 shall be made payable to both Marshall University and West Virginia University for a demographer.
From the above appropriation for Rural Health Outreach Programs (fund 0586, activity 377) includes rural health activities and programs; rural residency development and education; and rural outreach activities. These funds shall be dispersed equally among the three (3) medical schools.
From the above appropriation for WVU-Potomac State is $50,000 for maintenance, repairs and equipment, $75,000 for Potomac State Farms for maintenance, repairs, and equipment and $82,500 for the Potomac State Equine 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.
From the above appropriations to the respective medical schools, the line items for BRIM subsidies funding shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the 'Total Premium Billed' to each institution as part of the full cost of their malpractice insurance coverage.
Total TITLE II, Section 1-General Revenue
$3,902,732,810

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 eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand nine.
DEPARTMENT OF TRANSPORTATION

92-Division of Motor Vehicles

(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)


Fund 9007 FY 2009 Org 0802

State
Road
ActivityFund
Personal Services001$15,153,148
Annual Increment004318,804
Employee Benefits0106,626,528
Unclassified099
12,747,633

Total$34,846,113
93-Division of Highways

(WV Code Chapters 17 and 17C)


Fund 9017 FY 2009 Org 0803

Debt Service040$50,000,000
Maintenance
237
296,608,000

Maintenance, Contract Paving and
Secondary Road Maintenance272100,000,000
Bridge Repair and Replacement27350,000,000
Inventory Revolving2752,000,000
Equipment Revolving27615,000,000
General Operations27745,370,538
Interstate Construction27880,000,000
Other Federal Aid Programs279325,700,000
Appalachian Programs280160,000,000
Nonfederal Aid Construction28130,000,000
Highway Litter Control282
1,699,000

Total
$
1,156,377,538

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
$1,191,937,541

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, eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand nine.
LEGISLATIVE

94-Crime Victims Compensation Fund

(WV Code Chapter 14)


Fund 1731 FY 2009 Org 2300

Other
ActivityFunds

Personal Services001$286,000
Annual Increment0046,200
Employee Benefits010109,200
Unclassified099135,603
Economic Loss Claim Payment Fund (R)334
3,597,775

Total$4,134,778
Any unexpended balance remaining in the appropriation for Economic Loss Claim Payment Fund (fund 1731, activity 334) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
EXECUTIVE

95-Auditor's Office-

Land Operating Fund

(WV Code Chapters 11A, 12 and 36)


Fund 1206 FY 2009 Org 1200

Personal Services001$286,431
Annual Increment0049,300
Employee Benefits010134,986
Unclassified099
676,054

Total$
1,106,771

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.
96-Auditor's Office-

Local Government Purchasing Card Expenditure Fund

(WV Code Chapter 6)

Fund 1224 FY 2009 Org 1200

Unclassified-Total096$154,922


97-Auditor's Office-

Securities Regulation Fund

(WV Code Chapter 32)

Fund 1225 FY 2009 Org 1200

Personal Services001$1,164,662
Annual Increment00418,316
Employee Benefits010469,696
Unclassified099
1,471,122

Total$
3,123,796

98-Auditor's Office-

Technology Support and Acquisition Fund

(WV Code Chapter 12)


Fund 1233 FY 2009 Org 1200

Unclassified-Total096$400,000
Fifty percent of the deposits made into this fund shall be transferred to the Treasurer's Office- Technology Support and Acquisition Fund (fund 1329, org 1300) for expenditure for the purposes described in West Virginia Code § 12-3-10c.
99-Auditor's Office-

Purchasing Card Administration Fund

(WV Code Chapter 12)


Fund 1234 FY 2009 Org 1200

Unclassified-Total096$3,254,610
  1. 00-Auditor's Office-

Office of the Chief Inspector

(WV Code Chapter 6)

Fund 1235 FY 2009 Org 1200

Personal Services001$2,033,874
Annual Increment004
39,288

Employee Benefits010
705,782

Unclassified099
622,315

Total$
3,401,259

101-Treasurer's Office-

College Prepaid Tuition and Savings Program

Administrative Account

(WV Code Chapter 18)

Fund 1301 FY 2009 Org 1300

Unclassified-Total096
$
1,402,462

10
  1. -Treasurer's Office-

Technology Support and Acquisition Fund

(WV Code Chapter 12)

Fund 1329 FY 2009 Org 1300

Unclassified-Total096$475,000
10
  1. -Department of Agriculture-

Agriculture Fees Fund

(WV Code Chapter 19)


Fund 1401 FY 2009 Org 1400

Personal Services001$1,310,710
Annual Increment00422,281
Employee Benefits010472,490
Unclassified099
878,386

Total$
2,683,867

104-Department of Agriculture-

West Virginia Rural Rehabilitation Program

(WV Code Chapter 19)


Fund 1408 FY 2009 Org 1400

Personal Services
001
$
53,384

Annual Increment
004
998

Employee Benefits
010
15,673

Unclassified
099
975,996

Total$1,046,051
105-Department of Agriculture-

General John McCausland Memorial Farm

(WV Code Chapter 19)


Fund 1409 FY 2009 Org 1400

Unclassified-Total096$
100,000

The above appropriation shall be expended in accordance with article twenty-six, chapter nineteen of the code.
106-Department of Agriculture-

Farm Operating Fund

(WV Code Chapter 19)


Fund 1412 FY 2009 Org 1400

Unclassified-Total096$1,507,094
107-Department of Agriculture-

Donated Food Fund

(WV Code Chapter 19)

Fund 1446 FY 2009 Org 1400

Unclassified-Total
096
$
4,539,525

108-Department of Agriculture-

Integrated Predation Management Fund

(WV Code Chapter 7)

Fund 1465 FY 2009 Org 1400

Unclassified-Total
096
$
25,000

109-Attorney General-

Antitrust Enforcement

(WV Code Chapter 47)


Fund 1507 FY 2009 Org 1500

Personal Services001$262,577
Annual Increment0042,437
Employee Benefits01079,102
Unclassified099
138,055

Total$
482,171

110-Attorney General-

Preneed Burial Contract Regulation Fund

(WV Code Chapter 47)

Fund 1513 FY 2009 Org 1500

Unclassified-Total096$240,591
111-Attorney General-

Preneed Funeral Guarantee Fund

(WV Code Chapter 47)

Fund 1514 FY 2009 Org 1500

Unclassified-Total096$775,000
112-Secretary of State-

Service Fees and Collection Account

(WV Code Chapters 3, 5, and 59)

Fund 1612 FY 2009 Org 1600

Personal Services
001
$
1,199,555

Annual Increment
004
12,904

Employee Benefits
010
345,136

Unclassified
099
1,055,406

Total
$
2,613,001

DEPARTMENT OF ADMINISTRATION

113-Department of Administration-

Office of the Secretary

Employee Pension and Health Care Benefit Fund

(WV Code Chapter 18)

Fund 2044 FY 2009 Org 0201

Unclassified-Total096$3,826,000
The above appropriation for Unclassified-Total (fund 2044, activity 096) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers Accumulation Fund (fund 2601).
114-Division of Information Services and Communications

(WV Code Chapter 5A)

Fund 2220 FY 2009 Org 0210

Personal Services001$18,019,794
Annual Increment004342,459
Employee Benefits0105,979,009
Unclassified099
13,519,644

Total$
37,860,906

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.
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.
115-Division of Personnel

(WV Code Chapter 29)

Fund 2440 FY 2009 Org 0222

Personal Services001$2,780,493
Annual Increment00472,348
Employee Benefits010957,191
Unclassified099
1,182,707

Total$
4,992,739

The total amount of this appropriation shall be paid from a special revenue fund out of fees collected by the division of personnel.
116-West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 2521 FY 2009 Org 0228

Unclassified-Total (R)096$550,092
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 2521, activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
117-Office of Technology-

Chief Technology Officer Administration Fund

(WV Code Chapter 5A)

Fund 2531 FY 2009 Org 0231

Unclassified-Total096
$
2,047,236

From the above fund, the provisions of West Virginia Code §11B-2-18 shall not operate to permit expenditures in excess of the funds authorized for expenditure herein.

DEPARTMENT OF COMMERCE

118-Division of Forestry

(WV Code Chapter 19)


Fund 3081 FY 2009 Org 0305

Personal Services001$366,741
Annual Increment0047,594
Employee Benefits010120,665
Unclassified099
363,374

Total$
858,374

119-Division of Forestry-

Timbering Operations Enforcement Fund

(WV Code Chapter 19)


Fund 3082 FY 2009 Org 0305

Unclassified-Total096$141,750
120-Division of Forestry-

Severance Tax Operations

(WV Code Chapter 11)


Fund 3084 FY 2009 Org 0305

Unclassified-Total096$2,248,548
121-Geological and Economic Survey

(WV Code Chapter 29)


Fund 3100 FY 2009 Org 0306

Personal Services001$25,821
Employee Benefits0102,547
Unclassified099
189,911

Total$
218,279

The above appropriation shall be used in accordance with section four, article two, chapter twenty-nine of the code.
122-West Virginia Development Office-

Department of Commerce

Marketing and Communications Operating Fund

(WV Code Chapter 5B)

Fund 3002 FY 2009 Org 0307

Unclassified-Total
096
$
3,018,485

123-Division of Labor-

Contractor Licensing Board Fund

(WV Code Chapter 21)


Fund 3187 FY 2009 Org 0308

Personal Services001$1,095,009
Annual Increment00415,928
Employee Benefits010490,417
Unclassified099
517,773

Total$
2,119,127

124-Division of Labor-

Elevator Safety Act

(WV Code Chapter 21)

Fund 3188 FY 2009 Org 0308

Personal Services001$80,254
Annual Increment0041,418
Employee Benefits01032,329
Unclassified099
69,841

Total$
183,842

125-Division of Labor-

Crane Operator Certification Fund

(WV Code Chapter 21)

Fund 3191 FY 2009 Org 0308

Unclassified-Total096$135,595
126-Division of Labor-

Amusement Rides and Amusement Attraction Safety Fund

(WV Code Chapter 21)

Fund 3192 FY 2009 Org 0308

Unclassified-Total096$106,142
127-Division of Labor-

State Manufactured Housing Administration Fund

(WV Code Chapter 21)

Fund 3195 FY 2009 Org 0308

Personal Services001$102,203
Annual Increment
004
1,654

Employee Benefits
010
48,029

Unclassified
099
26,382

BRIM Premium
913
3,404

Total
$
181,672

128-Division of Labor-

Weights and Measures Fund

(WV Code Chapter 47)

Fund 3196 FY 2009 Org 0308

Unclassified-Total
096
$50,000

129-Division of Natural Resources

(WV Code Chapter 20)

Fund 3200 FY 2009 Org 0310

Wildlife Resources023$5,788,830
Administration1551,427,228
Capital Improvements and
Land Purchase (R)
248
1,424,833

Law Enforcement
806
5,684,865

Total$
14,325,756

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 Sales Licensing System (fund 3200, activity 043), and Capital Improvements and Land Purchase (fund 3200, activity 248) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
130-Division of Natural Resources-

Game, Fish and Aquatic Life Fund

(WV Code Chapter 20)

Fund 3202 FY 2009 Org 0310

Unclassified-Total096$75,000
131-Division of Natural Resources-

Nongame Fund

(WV Code Chapter 20)

Fund 3203 FY 2009 Org 0310

Personal Services001$754,478
Annual Increment00412,152
Employee Benefits010275,416
Unclassified099
325,380

Total$
1,367,426

132-Division of Natural Resources-

Planning and Development Division

(WV Code Chapter 20)

Fund 3205 FY 2009 Org 0310

Personal Services001$128,043
Annual Increment0042,194
Employee Benefits01044,199
Unclassified099
226,500

Total$
400,936

133-Division of Natural Resources-

Whitewater Study and Improvement Fund

(WV Code Chapter 20)

Fund 3253 FY 2009 Org 0310

Unclassified-Total096$211,660
134-Division of Natural Resources-

Whitewater Advertising and Promotion Fund

(WV Code Chapter 20)


Fund 3256 FY 2009 Org 0310

Unclassified-Total096$20,000
135-Miners' Health, Safety and Training Fund

(WV Code Chapter 22A)

Fund 3355 FY 2009 Org 0314

Personal Services
001
$
92,456

Employee Benefits
010
27,467

WV Mining Extension Service
026
150,000

Unclassified
099
1,048,000

Total
$1,317,923

136-Division of Energy-

Energy Assistance

(WV Code Chapter 5B)


Fund 3010 FY 2009 Org 0328

Energy Assistance-Total (R)
647
$
300,000

Any unexpended balance remaining in the appropriation for Energy Assistance-Total (fund 3010, activity 647) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
137-Division of Energy-

Office of Coal Field Community Development

(WV Code Chapter 5B)

Fund 3011 FY 2009 Org 0328

Unclassified-Total (R)
096
$835,111

Any unexpended balance remaining in the above appropriation for Unclassified-Total (fund 3011, activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.

DEPARTMENT OF EDUCATION

138-State Board of Education-

Strategic Staff Development

(WV Code Chapter 18)


Fund 3937 FY 2009 Org 0402

Unclassified-Total (R)096$807,545
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3937, activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
139-State Department of Education-

School Building Authority

(WV Code Chapter 18)


Fund 3959 FY 2009 Org 0402

Personal Services001$705,024
Annual Increment0048,170
Employee Benefits010244,215
Unclassified099
266,715

Total
$1,224,124

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.
140-State Department of Education-

FFA-FHA Camp and Conference Center

(WV Code Chapter 18)


Fund 3960 FY 2009 Org 0402

Personal Services001$874,564
Annual Increment00413,302
Employee Benefits010317,909
Unclassified099
705,587

Total$
1,911,362

DEPARTMENT OF EDUCATION AND THE ARTS

141-Office of the Secretary-

Lottery Education Fund Interest Earnings-

Control Account

(WV Code Chapter 29)

Fund 3508 FY 2009 Org 0431

Governor's Honor Academy
478
$
100,000

EPSCoR (R)
571
359,368

Educational Enhancements (R)
695
100,000

Literacy Project
899
350,000

Total
$
909,368

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3508, activity 096), EPSCoR (fund 3508, activity 571), EPSCoR-Total (fund 3508, activity 651) and Educational Enhancements (fund 3508, activity 695) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
142-Division of Culture and History-

Public Records and Preservation Revenue Account

(WV Code Chapter 5A)

Fund 3542 FY 2009 Org 0432

Unclassified-Total
096
$
1,938,101

143-State Board of Rehabilitation-

Division of Rehabilitation Services-

West Virginia Rehabilitation Center-

Special Account

(WV Code Chapter 18)


Fund 8664 FY 2009 Org 0932

Unclassified-Total096$905,360
DEPARTMENT OF ENVIRONMENTAL PROTECTION

144-Solid Waste Management Board

(WV Code Chapter 22C)


Fund 3288 FY 2009 Org 0312

Personal Services001$591,154
Annual Increment0044,960
Employee Benefits010185,953
Unclassified099
1,792,680

Total$2,574,747
145-Division of Environmental Protection-

Hazardous Waste Management Fund

(WV Code Chapter 22)


Fund 3023 FY 2009 Org 0313

Personal Services
001
$
311,800

Annual Increment
004
8,060

Employee Benefits
010
118,984

Unclassified
099
160,202

Total
$
599,046

146-Division of Environmental Protection-

Air Pollution Education and Environment Fund

(WV Code Chapter 22)


Fund 3024 FY 2009 Org 0313

Personal Services
001
$
314,004

Annual Increment
004
3,670

Employee Benefits
010
92,763

Unclassified
099
594,510

Total
$
1,004,947

147-Division of Environmental Protection-

Special Reclamation Fund

(WV Code Chapter 22)


Fund 3321 FY 2009 Org 0313

Personal Services001$929,536
Annual Increment00414,780
Employee Benefits010351,585
Unclassified099
16,667,832

Total$
17,963,733

148-Division of Environmental Protection-

Oil and Gas Reclamation Fund

(WV Code Chapter 22)


Fund 3322 FY 2009 Org 0313

Unclassified-Total096$674,360
149-Division of Environmental Protection-

Oil and Gas Operating Permit and Processing Fund

(WV Code Chapter 22)


Fund 3323 FY 2009 Org 0313

Personal Services001$866,798
Annual Increment0044,885
Employee Benefits010302,808
Unclassified099
801,653

Total$
1,976,144

150-Division of Environmental Protection-

Mining and Reclamation Operations Fund

(WV Code Chapter 22)


Fund 3324 FY 2009 Org 0313

Personal Services001$3,979,202
Annual Increment00469,222
Employee Benefits0101,805,114
Unclassified099
3,262,525

Total$
9,116,063

151-Division of Environmental Protection-

Underground Storage Tank

Administrative Fund

(WV Code Chapter 22)


Fund 3325 FY 2009 Org 0313

Personal Services001$260,084
Annual Increment0048,635
Employee Benefits01093,757
Unclassified099
196,796

Total$
559,272

152-Division of Environmental Protection-

Hazardous Waste Emergency Response Fund

(WV Code Chapter 22)


Fund 3331 FY 2009 Org 0313

Personal Services001$500,293
Annual Increment00410,354
Employee Benefits010191,983
Unclassified099
834,243

Total$
1,536,873

153-Division of Environmental Protection-

Solid Waste Reclamation and

Environmental Response Fund

(WV Code Chapter 22)


Fund 3332 FY 2009 Org 0313

Personal Services001$555,571
Annual Increment0046,002
Employee Benefits010183,266
Unclassified0994,026,024
Total$4,770,863
15
  1. -Division of Environmental Protection-

Solid Waste Enforcement Fund

(WV Code Chapter 22)


Fund 3333 FY 2009 Org 0313

Personal Services001$1,845,498
Annual Increment00431,730
Employee Benefits010725,210
Unclassified099
1,287,681

Total$3,890,119
15
  1. -Division of Environmental Protection-

Air Pollution Control Fund

(WV Code Chapter 22)


Fund 3336 FY 2009 Org 0313

Personal Services001$3,999,994
Annual Increment00455,329
Employee Benefits0101,273,647
Unclassified099
2,308,152

Total$7,637,122
15
  1. -Division of Environmental Protection-

Environmental Laboratory

Certification Fund

(WV Code Chapter 22)


Fund 3340 FY 2009 Org 0313

Personal Services001$158,556
Annual Increment0043,410
Employee Benefits01057,409
Unclassified099
145,075

Total$364,450
15
  1. -Division of Environmental Protection-

Stream Restoration Fund

(WV Code Chapter 22)



Fund 3349 FY 2009 Org 0313

Unclassified-Total096$945,000
15
  1. -Division of Environmental Protection-

Litter Control Fund

(WV Code Chapter 22)

Fund 3486 FY 2009 Org 0313

Unclassified-Total
096
$
40,000

15
  1. -Division of Environmental Protection-

Recycling Assistance Fund

(WV Code Chapter 22)



Fund 3487 FY 2009 Org 0313

Personal Services
001
$
377,564

Annual Increment
004
6,310

Employee Benefits
010
132,289

Unclassified (R)099
2,256,743

Total
$
2,772,906

Any unexpended balance remaining in Unclassified (fund 3487, activity 099) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
160-Division of Environmental Protection-

Mountaintop Removal Fund

(WV Code Chapter 22)

Fund 3490 FY 2009 Org 0313

Personal Services001$769,474
Annual Increment
004
10,633

Employee Benefits
010
281,953

Unclassified
099
492,090

Total
$
1,554,150

161-Oil and Gas Conservation Commission-

Special Oil and Gas Conservation Fund

(WV Code Chapter 22C)


Fund 3371 FY 2009 Org 0315

Personal Services001$155,814
Annual Increment0042,976
Employee Benefits01037,262
Unclassified099
33,206

Total$229,258
DEPARTMENT OF HEALTH AND HUMAN RESOURCES

162-Board of Barbers and Cosmetologists

(WV Code Chapters 16 and 30)


Fund 5425 FY 2009 Org 0505

Personal Services001$257,886
Annual Increment0047,750
Employee Benefits010110,056
Unclassified099
101,366

Total$
477,058

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.
163-WV Board of Medicine

(WV Code Chapter 30)


Fund 5106 FY 2009 Org 0506

Unclassified-Total096$1,224,852
164-Division of Health-

Tobacco Settlement Expenditure Fund

(WV Code Chapter 4)

Fund 5124 FY 2009 Org 0506

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 2008 are hereby reappropriated for expenditure during the fiscal year 2009, except for $2,206,610.58 for fund 5124, activity 335, fiscal year 2003; $963,157.19 for fund 5124, activity 335, fiscal year 2006; and $962,749.96 for fund 5124, activity 335, fiscal year 2007, which shall expire on June 30, 2008.
165-Division of Health-

Vital Statistics

(WV Code Chapter 16)


Fund 5144 FY 2009 Org 0506

Personal Services001$342,687
Annual Increment00411,190
Employee Benefits010152,411
Unclassified.099
633,288

Total$
1,139,576

166-Division of Health-

Hospital Services Revenue Account

(Special Fund)

(Capital Improvement, Renovation and Operations)

(WV Code Chapter 16)


Fund 5156 FY 2009 Org 0506

Debt Service (R)040$2,420,000
Institutional Facilities
Operations (R)33538,674,129
Medical Services Trust Fund-
Transfer (R)512
25,300,000

Total$
66,394,129

Any unexpended balance remaining in the appropriation for hospital services revenue account at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009, except for fund 5156, activity 040 (fiscal year 2007) which shall expire on June 30, 2008.
The total amount of this appropriation shall be paid from the hospital services revenue account special fund created by section thirteen, 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 2009, organization 0506).
From the above appropriation to Institutional Facilities Operations, together with available funds from the consolidated medical services fund (fund 0525, activity 335) on July 1, 2008, 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.
167-Division of Health-

Laboratory Services

(WV Code Chapter 16)


Fund 5163 FY 2009 Org 0506

Personal Services001$612,001
Annual Increment00413,774
Employee Benefits010255,534
Unclassified099
1,302,955

Total$
2,184,264

168-Division of Health-

Health Facility Licensing

(WV Code Chapter 16)


Fund 5172 FY 2009 Org 0506

Personal Services001$423,536
Annual Increment0047,936
Employee Benefits010154,620
Unclassified099
186,626

Total$
772,718

169-Division of Health-

Hepatitis B Vaccine

(WV Code Chapter 16)

Fund 5183 FY 2009 Org 0506

Personal Services001$61,199
Annual Increment0041,897
Employee Benefits01022,722
Unclassified.099
2,996,007

Total$
3,081,825

170-Division of Health-

Lead Abatement Fund

(WV Code Chapter 16)


Fund 5204 FY 2009 Org 0506

Unclassified-Total096$40,000
171-Division of Health-

West Virginia Birth to Three Fund

(WV Code Chapter 16)

Fund 5214 FY 2009 Org 0506

Personal Services
001
$
486,967

Annual Increment
004
5,890

Employee Benefits
010
194,655

Unclassified
099
24,203,665

Total
$
24,891,177

172-Division of Health-

Tobacco Control Special Fund

(WV Code Chapter 16)

Fund 5218 FY 2009 Org 0506

Unclassified-Total
096
$
85,000

173-West Virginia Health Care Authority-

Health Care Cost Review Fund

(WV Code Chapter 16)


Fund 5375 FY 2009 Org 0507

Personal Services001$2,203,295
Annual Increment00431,072
Employee Benefits010680,128
Hospital Assistance
025600,000

Unclassified099
3,214,545

Total$
6,729,040

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.
The Health Care Authority is authorized to transfer up to $1,500,000 from this fund to the West Virginia Health Information Network Account (fund 5380) as authorized per 16-29G-4.
174-West Virginia Health Care Authority-

West Virginia Health Information Network Account

(WV Code Chapter 16)

Fund 5380 FY 2009 Org 0507

Unclassified
099
$1,500,000

Technology Infrastructure Network
351
3,500,000

Total
$
5,000,000

175-West Virginia Health Care Authority-

Revolving Loan Fund

(WV Code Chapter 16)

Fund 5382 FY 2009 Org 0507

Unclassified-Total
096
$6,000,000

176-Division of Human Services-

Health Care Provider Tax

(WV Code Chapter 11)


Fund 5090 FY 2009 Org 0511

Medical Services189$165,595,278
Medical Services Administrative Costs
789
409,869

Total
$
166,005,147

From the above appropriation, an amount not to exceed $209,623 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 (fund 5084).
177-Division of Human Services-

Child Support Enforcement

(WV Code Chapter 48A)

Fund 5094 FY 2009 Org 0511

Unclassified-Total (R)096$31,068,691
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 5094, activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009, except $3,000,000 for fund 5094, activity 096, fiscal year 2006 and $2,315,968 for fund 5094, activity 096, fiscal year 2007 which shall expire on June 30, 2008.
178-Division of Human Services-

Medical Services Trust Fund

(WV Code Chapter 9)


Fund 5185 FY 2009 Org 0511

Medical Services189
$
30,556,594

Medical Services Administrative Costs
789
528,691

Total
$
31,085,285

The above appropriation to Medical Services 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.
179-Division of Human Services-

James 'Tiger' Morton Catastrophic Illness Fund

(WV Code Chapter 16)

Fund 5454 FY 2009 Org 0511

Unclassified-Total
096
$1,609,076

180-Family Protection Services Board-

Domestic Violence Legal Services Fund

(WV Code Chapter 48)

Fund 5455 FY 2009 Org 0511

Unclassified-Total
096
$838,022

181-Division of Human Services-

West Virginia Works Separate State College Program Fund

(WV Code Chapter 9)

Fund 5467 FY 2009 Org 0511

Unclassified-Total
096
$1,700,000

182-Division of Human Services-

West Virginia Works Separate State Two-Parent Program Fund

(WV Code Chapter 9)

Fund 5468 FY 2009 Org 0511

Unclassified-Total
096
$3,300,000

DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY

183-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 2009 Org 0601

Unclassified-Total096$25,000
184-State Armory Board-

General Armory Fund

(WV Code Chapter 15)


Fund 6057 FY 2009 Org 0603

Unclassified-Total096$1,459,901
185-Division of Homeland Security and

Emergency Management-

West Virginia Interoperable Radio Project

(WV Code Chapter 24)

Fund 6295 FY 2009 Org 0606

Unclassified-Total (R)
096
$
2,000,000

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 6295, activity 096) at the close of fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
186-West Virginia Division of Corrections-

Parolee Supervision Fees

(WV Code Chapter 62)


Fund 6362 FY 2009 Org 0608

Personal Services001$ 175,493
Annual Increment0042,071
Employee Benefits01069,037
Unclassified
099
496,204

Total$
742,805

187-West Virginia State Police-

Motor Vehicle Inspection Fund

(WV Code Chapter 17C)


Fund 6501 FY 2009 Org 0612

Personal Services001$761,976
Annual Increment00431,880
Employee Benefits010302,258
Unclassified099
364,815

BRIM Premium
913
302,432

Total$
1,763,361

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.
188-West Virginia State Police-

Drunk Driving Prevention Fund

(WV Code Chapter 15)


Fund 6513 FY 2009 Org 0612

Unclassified099$1,327,000
BRIM Premium
913
154,452

Total
$
1,481,452

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.
189-West Virginia State Police-

Surplus Real Property Proceeds Fund

(WV Code Chapter 15)


Fund 6516 FY 2009 Org 0612

Unclassified099$444,980
BRIM Premium
913
77,222

Total
$
522,202

190-West Virginia State Police-

Surplus Transfer Account

(WV Code Chapter 15)

Fund 6519 FY 2009 Org 0612

Unclassified (R)099$312,002
BRIM Premium
913
54,063

Total
$
366,065

Any unexpended balance remaining in the appropriation for Unclassified (fund 6519, fiscal year 2008, activity 099) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
191-West Virginia State Police-

Central Abuse Registry Fund

(WV Code Chapter 15)

Fund 6527 FY 2009 Org 0612

Unclassified099$240,984
BRIM Premium
913
18,524

Total
$
259,508

192-West Virginia State Police-

Bail Bond Enforcer Fund

(WV Code Chapter 15)

Fund 6532 FY 2009 Org 0612

Unclassified-Total096$3,308
193-Division of Veterans' Affairs-

Veterans' Facilities Support Fund

(WV Code Chapter 9A)


Fund 6703 FY 2009 Org 0613

Unclassified-Total096$3,000,000
194-Regional Jail and Correctional

Facility Authority

(WV Code Chapter 31)


Fund 6675 FY 2009 Org 0615

Personal Services001$1,348,744
Annual Increment00421,860
Employee Benefits010433,097
Debt Service0409,000,000
Unclassified099
545,235

Total$
11,348,936

195-Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)


Fund 6754 FY 2009 Org 0618

Unclassified-Total096$466,000
196-Fire Commission-

Fire Marshal Fees

(WV Code Chapter 29)


Fund 6152 FY 2009 Org 0619

Personal Services001$1,850,929
Annual Increment00431,024
Employee Benefits010654,695
Unclassified099
1,505,575

Total$
4,042,223

Any unexpended cash balance remaining in fund 6152 at the close of the fiscal year 2008 is hereby available for expenditure as part of the fiscal year 2009 appropriation.
197-Division of Criminal Justice Services-

WV Community Corrections Fund

(WV Code Chapter 62)


Fund 6386 FY 2009 Org 0620

Unclassified-Total096$2,010,348
198-Criminal Justice Services-

Court Security Fund

(WV Code Chapter 51)


Fund 6804 FY 2009 Org 0620

Unclassified-Total096$2,544,773
DEPARTMENT OF REVENUE

199-Division of Banking

(WV Code Chapter 31A)


Fund 3041 FY 2009 Org 0303

Personal Services001$1,751,407
Annual Increment00422,320
Employee Benefits010528,449
Unclassified099
692,658

Total$
2,994,834

200-Office of the Secretary-

State Debt Reduction Fund

(WV Code Chapter 29)

Fund 7007 FY 2009 Org 0701

Unclassified-Total-Transfer
402
$13,700,000

The above appropriation for Unclassified-Total-Transfer shall be transferred to the Other Post- Employment Contribution Accumulation Fund (fund 2541, org 0232).
201-Tax Division-

Cemetery Company Account

(WV Code Chapter 35)


Fund 7071 FY 2009 Org 0702

Personal Services001$17,274
Annual Increment
004
310

Employee Benefits0105,845
Unclassified099
7,747

Total$
31,176

202-Tax Division-

Special Audit and Investigative Unit

(WV Code Chapter 11)


Fund 7073 FY 2009 Org 0702

Personal Services001$895,551
Annual Increment00423,100
Employee Benefits010331,342
Unclassified099
229,847

Total$
1,479,840

203-Tax Division-

Special District Excise Tax Administration Fund

(WV Code Chapter 11)

Fund 7086 FY 2009 Org 0702

Unclassified-Total096$51,372
204-Tax Division-

Wine Tax Administration Fund

(WV Code Chapter 60)

Fund 7087 FY 2009 Org 0702

Unclassified-Total096$255,734
205-State Budget Office-

Public Employees Insurance Reserve Fund

(WV Code Chapter 11B)


Fund 7400 FY 2009 Org 0703

Public Employees Insurance Reserve
Fund-Transfer
903
$
6,800,000

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.
206-Insurance Commissioner-

Examination Revolving Fund

(WV Code Chapter 33)


Fund 7150 FY 2009 Org 0704

Personal Services001$501,944
Annual Increment0045,332
Employee Benefits010143,081
Unclassified099
585,917

Total$
1,236,274

207-Insurance Commissioner-

Consumer Advocate

(WV Code Chapter 33)


Fund 7151 FY 2009 Org 0704

Personal Services001$373,458
Annual Increment0045,220
Employee Benefits010125,186
Unclassified099
282,192

Total$
786,056

208-Insurance Commissioner

(WV Code Chapter 33)


Fund 7152 FY 2009 Org 0704

Personal Services (R)001$16,284,006
Annual Increment (R)004330,596
Employee Benefits (R)0106,513,611
Unclassified (R)099
14,320,190

Total$
37,448,403

Any unexpended balances remaining in the appropriations at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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.
209-Insurance Commissioner-

Workers' Compensation Old Fund

(WV Code Chapter 23)


Fund 7162 FY 2009 Org 0704

Unclassified-Total
096
$
550,000,000

210-Insurance Commissioner-

Workers' Compensation Uninsured Employers' Fund

(WV Code Chapter 23)


Fund 7163 FY 2009 Org 0704

Unclassified-Total
096
$
27,000,000

211-Insurance Commissioner-

Self-Insured Employer Guaranty Risk Pool

(WV Code Chapter 23)


Fund 7164 FY 2009 Org 0704

Unclassified-Total
096
$
5,000,000

212-Insurance Commissioner-

Self-Insured Employer Security Risk Pool

(WV Code Chapter 23)


Fund 7165 FY 2009 Org 0704

Unclassified-Total
096
$
10,000,000

213-Insurance Commissioner-

Private Carrier Guaranty Fund

(WV Code Chapter 23)


Fund 7166 FY 2009 Org 0704

Unclassified-Total
096
$
1,000,000

214-Insurance Commissioner-

Assigned Risk Fund

(WV Code Chapter 23)


Fund 7167 FY 2009 Org 0704

Unclassified-Total
096
$
1,000,000

215-Lottery Commission-

Revenue Center Construction Fund

(WV Code Chapter 29)


Fund 7209 FY 2009 Org 0705

Unclassified-Total
096
$
60,000,000

216-Municipal Bond Commission

(WV Code Chapter 13)


Fund 7253 FY 2009 Org 0706

Personal Services001$163,463
Annual Increment0045,332
Employee Benefits01067,128
Unclassified099
88,089

Total$324,012
217-Racing Commission-

Relief Fund

(WV Code Chapter 19)

Fund 7300 FY 2009 Org 0707

Medical Expenses-Total245$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.
218-Racing Commission-

Administration and Promotion

(WV Code Chapter 19)


Fund 7304 FY 2009 Org 0707

Personal Services001$123,351
Annual Increment0042,170
Employee Benefits01033,056
Unclassified099
82,161

Total$
240,738

219-Racing Commission-

General Administration

(WV Code Chapter 19)


Fund 7305 FY 2009 Org 0707

Personal Services001$1,822,625
Annual Increment00425,206
Employee Benefits010433,993
Unclassified099
755,728

Total$
3,037,552

220-Racing Commission-

Administration, Promotion and Education Fund

(WV Code Chapter 19)


Fund 7307 FY 2009 Org 0707

Unclassified-Total096$1,500,956
221-Alcohol Beverage Control Administration-

Wine License Special Fund

(WV Code Chapter 60)


Fund 7351 FY 2009 Org 0708

Personal Services001$112,338
Annual Increment0043,780
Employee Benefits01050,468
Unclassified099
140,324

Total$
306,910

To the extent permitted by law, four classified exempt positions shall be provided from Personal Services line item for field auditors.
222-Alcohol Beverage Control Administration

(WV Code Chapter 60)


Fund 7352 FY 2009 Org 0708

Personal Services001$3,867,662
Annual Increment00498,092
Employee Benefits0101,666,014
Unclassified (R)099
3,362,948

Total$
8,994,716

Any unexpended balance remaining in the appropriation for Unclassified (fund 7352, activity 099) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation an amount 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

223-Division of Motor Vehicles-

Dealer Recovery Fund

(WV Code Chapter 17)


Fund 8220 FY 2009 Org 0802

Unclassified-Total
096
$
189,000

224-Division of Motor Vehicles-

Motor Vehicle Fees Fund

(WV Code Chapter 17B)


Fund 8223 FY 2009 Org 0802

Unclassified-Total096$3,935,499
225-Division of Highways-

A. James Manchin Fund

(WV Code Chapter 17)


Fund 8319 FY 2009 Org 0803

Unclassified-Total096$3,276,000
226-Public Port Authority-

Special Railroad and Intermodal Enhancement Fund

(WV Code Chapter 17)


Fund 8254 FY 2009 Org 0806

Unclassified-Total096$2,500,000
BUREAU OF SENIOR SERVICES

227-Bureau of Senior Services-

Community Based Service Fund

(WV Code Chapter 22)


Fund 5409 FY 2009 Org 0508

Unclassified-Total
096
$
5,000,000

HIGHER EDUCATION

228-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 2009 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 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The total amount of this appropriation shall be paid from the special capital improvements 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 on July 1 of each year.
The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.
229-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 2009 Org 0442

Debt Service (R)
040
$
23,470,321

General Capital Expenditures (R)
306
3,000,000

Facilities Planning
and Administration (R)
386
412,564

Total
$
26,882,885

Any unexpended balances remaining in the appropriations at the close of fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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 on July 1.
The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.
230-Higher Education Policy Commission-

Tuition Fee Revenue Bond Construction Fund

(WV Code Chapters 18 and 18B)

Fund 4906 FY 2009 Org 0442

Any unexpended balance remaining in the appropriation at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
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.
231-Health Sciences-

West Virginia University Health Sciences Center

(WV Code Chapters 18 and 18B)


Fund 4179 FY 2009 Org 0463

Unclassified-Total (R)
096
$
15,812,292

Any unexpended balance remaining in the appropriation at the close of fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
MISCELLANEOUS BOARDS AND COMMISSIONS


232-Hospital Finance Authority

(WV Code Chapter 16)


Fund 5475 FY 2009 Org 0509

Personal Services001$48,520
Annual Increment0041,116
Employee Benefits01018,567
Unclassified.099
30,572

Total$98,775
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.
233-WV State Board of Examiners for Licensed Practical Nurses

(WV Code Chapter 30)

Fund 8517 FY 2009 Org 0906

Unclassified-Total096$381,443
234-WV Board of Examiners for Registered Professional Nurses

(WV Code Chapter 30)

Fund 8520 FY 2009 Org 0907

Unclassified-Total096$927,146
235-Public Service Commission

(WV Code Chapter 24)


Fund 8623 FY 2009 Org 0926

Personal Services001$8,386,495
Annual Increment004161,734
Employee Benefits0102,726,792
Unclassified099
2,957,041

PSC Weight Enforcement
345
4,369,725

Debt Payment/Capital Outlay
520
350,000

BRIM Premium913
114,609

Total$19,066,396
The total amount of this appropriation shall be paid from a special revenue fund out of collection for special license fees from public service corporations 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 (fund 8625, org 0926) due to the amendment and reenactment of §24A-3-1 by Enrolled House Bill Number 2715, Regular Session, 1997.
236-Public Service Commission-

Gas Pipeline Division-

Public Service Commission Pipeline Safety Fund

(WV Code Chapter 24B)


Fund 8624 FY 2009 Org 0926

Personal Services001$163,509
Annual Increment0046,890
Employee Benefits01054,843
Unclassified099
85,966

Total$311,208
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.
237-Public Service Commission-

Motor Carrier Division

(WV Code Chapter 24A)


Fund 8625 FY 2009 Org 0926

Personal Services001$1,601,822
Annual Increment00449,647
Employee Benefits010542,177
Unclassified099
679,790

Total$2,873,436
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.
238-Public Service Commission-

Consumer Advocate

(WV Code Chapter 24)


Fund 8627 FY 2009 Org 0926

Personal Services001$533,932
Annual Increment0048,692
Employee Benefits010165,481
Unclassified099
339,611

BRIM Premium
913
3,978

Total$1,051,694
The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the public service commission.
239-Real Estate Commission

(WV Code Chapter 30)


Fund 8635 FY 2009 Org 0927

Personal Services001$368,686
Annual Increment0048,828
Employee Benefits010121,671
Unclassified099
300,622

Total$799,807 The total amount of this appropriation shall be paid out of collections of license fees as provided by law.
240-WV Board of Examiners for Speech-Language

Pathology and Audiology

(WV Code Chapter 30)

Fund 8646 FY 2009 Org 0930

Unclassified-Total096$94,489
241-WV Board of Respiratory Care

(WV Code Chapter 30)

Fund 8676 FY 2009 Org 0935

Unclassified-Total096$109,877
242-WV Board of Licensed Dietitians

(WV Code Chapter 30)


Fund 8680 FY 2009 Org 0936

Unclassified-Total096$18,996
243-Massage Therapy Licensure Board

(WV Code Chapter 30)

Fund 8671 FY 2009 Org 0938

Unclassified-Total096
$125,578

244-Board of Treasury Investments

(WV Code Chapter 12)

Fund 9152 FY 2009 Org 0950

Unclassified-Total
096
$
1,266,707

There is hereby appropriated from this fund, in addition to the above appropriation, the amount of funds necessary for the Board of Treasury Investments to pay the fees and expenses of custodians, fund advisors and fund managers for the Consolidated fund of the State as provided in Chapter 12, Article 6C of the West Virginia Code.
The total amount of the appropriation shall be paid from the special revenue fund out of fees and collections as provided by law.
Total TITLE II, Section 3-Other Funds
$ 1,384,272,607

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, Fund 3963, and Fund 4908 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 an appropriation is made for Fund 9065, Fund 4297, and Fund 3514 and is authorized to transfer any such amounts to Fund 9065, Fund 4297, and Fund 3514 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.
245-Education, Arts, Sciences and Tourism-

Debt Service Fund

(WV Code Chapter 5)


Fund 2252 FY 2009 Org 0211

Lottery
ActivityFunds

Debt Service-Total310$10,000,000
246-West Virginia Development Office-

Division of Tourism

(WV Code Chapter 5B)


Fund 3067 FY 2009 Org 0304

Tourism-Telemarketing Center
463
$
90,000

WV Film Office
498
360,680

Tourism-Advertising (R)
618
3,151,519

Tourism-Unclassified (R)
662
4,358,529

Total
$
7,960,728

Any unexpended balances remaining in the appropriations for Capitol Complex-Capital Outlay (fund 3067, activity 417), Tourism-Advertising (fund 3067, activity 618), Tourism-Unclassified (fund 3067, activity 662), Tourism-Unclassified-Lottery Surplus (fund 3067, activity 773), and Tourism-Special Projects (fund 3067, activity 859) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
247-Division of Natural Resources

(WV Code Chapter 20)


Fund 3267 FY 2009 Org 0310

Gypsy Moth Suppression
Program for State Parks (R)
017
$
42,997

Unclassified (R)
099
2,304,163

Pricketts Fort State Park
324
120,000

Non-Game Wildlife (R)
527
435,683

State Parks and
Recreation Advertising (R)
619
589,402

Total
$
3,492,245

Any unexpended balances remaining in the appropriations for Gypsy Moth Suppression Program for State Parks (fund 3267, activity 017), Unclassified (fund 3267, activity 099), Capital Outlay-Parks (fund 3267, activity 288), Non-Game Wildlife (fund 3267, activity 527), State Parks and Recreation Advertising (fund 3267, activity 619), and State Parks-Special Projects (fund 3267, activity 860) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
248-State Department of Education

(WV Code Chapters 18 and 18A)


Fund 3951 FY 2009 Org 0402

Unclassified
099
$
4,200,000

READS Program
365
300,000

MATH Program3680
FBI Checks
372
111,546

Vocational Education
Equipment Replacement
393
819,750

Assessment Program (R)
396
6,495,906

21st Century Fellows
507
300,000

SAS in Schools
613
125,000

21st Century Technology Infrastructure
Network Tools and Support (R)
933
22,838,746

Total$35,190,948
Any unexpended balances remaining in the appropriations for Unclassified (fund 3951, activity 099), Technology Infrastructure Network (fund 3951, activity 351), Assessment Program (fund 3951, activity 396), Technology Demonstration Project (fund 3951, activity 639), 21st Century Technology Infrastructure Network Tools and Support (fund 3951, activity 933), and Computer Study (fund 3951, activity 998) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
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.
249-State Department of Education-

School Building Authority-

Debt Service Fund

(WV Code Chapter 18)


Fund 3963 FY 2009 Org 0402

Debt Service-Total310$18,000,000
250-Department of Education and the Arts-

Office of the Secretary-

Control Account-

Lottery Education Fund

(WV Code Chapter 5F)

Fund 3508 FY 2009 Org 0431

Unclassified (R)
099
$
120,000

WV Humanities Council
168
0

Commission for National and
Community Service
193
435,050

Arts Programs (R)
500
80,000

College Readiness (R)
579
203,080

Challenger Learning Center
862
125,000

Statewide STEM 21st Century Academy
897
150,000

Special Olympic Games
966
0

Total
$1,113,130

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) and Literacy Project (fund 3508, activity 899) at the close of fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
251-Division of Culture and History-

Lottery Education Fund

(WV Code Chapter 29)

Fund 3534 FY 2009 Org 0432

Huntington Symphony
027
$
100,000

Martin Luther King, Jr.
Holiday Celebration
03110,800

Fairs and Festivals1222,990,000
Archeological Curation/Capital
Improvements (R)
24652,611

Historic Preservation Grants (R)311553,935
West Virginia Public Theater
312
200,000

Tri-County Fair Association
343
125,000

George Tyler Moore Center for the
Study of the Civil War
397
60,000

Theater Arts of West Virginia
464
300,000

Greenbrier Valley Theater
423
150,000

Marshall Artists Series
518
60,000

Grants for Competitive Arts Program (R)
624
1,000,000

West Virginia State Fair
657
50,000

Contemporary American Theater Festival
811
100,000

Independence Hall812
50,000

Mountain State Forest Festival
864
70,000

WV Symphony
907
100,000

Wheeling Symphony
908
100,000

Appalachian Children's Chorus
916
100,000

Total$6,172,346
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), and Project ACCESS (fund 3534, activity 865) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
Included in the above appropriation for Fairs and Festivals (fund 3534, activity 122) funding shall be provided to the African-American Cultural Heritage Festival 5,000, African-American Heritage Family Tree Museum 4,500, African-American Jubilee (Ohio) 5,500, Alderson 4th of July Celebration (Greenbrier) 5,000, Allegheny Echo (Pocahontas) 7,500, Alpine Festival/Leaf Peepers Festival (Tucker) 11,250, American Legion Post 8, Veterans Day Parade 2,000, Angus Beef and Cattle Show (Lewis) 1,500, Annual Labor Day Observance (Randolph) 2,000, Antique Market Fair (Lewis) 2,000, Apollo Theater-Summer Program (Berkeley) 2,000, Appalachian Autumn Festival (Braxton) 3,500, Appalachian Mountain Bike Race (Calhoun) 1,500, Apple Butter Festival (Morgan) 6,000, Aracoma Story (Logan) 50,000, Arkansaw Homemaker's Heritage Weekend (Hardy) 3,500, Armed Forces Day-South Charleston (Kanawha) 3,000, Arthurdale Heritage New Deal Festival (Preston) 5,000, Arts Monongahela (Monongalia) 20,000, Athens Town Fair (Mercer) 2,000, Augusta Fair (Randolph) 5,000, Barbour County Arts & Humanities Council 1,500, Barbour County Fair 25,000, Barboursville Octoberfest (Cabell) 5,000, Bass Festival (Pleasants) 1,850, Battelle District Fair (Monongalia) 5,000, Battle of Dry Creek (Greenbrier) 1,500, Battle of Lewisburg Civil War Days (Greenbrier) 3,000, Battle of Point Pleasant Memorial Committee (Mason) 5,000, Beckley Main Street (Raleigh) 5,000, Belington VFD Community Fair (Barbour) 1,750, Belle Boyd House (Berkeley) 2,000, Belle Town Fair (Kanawha) 4,500, Bergoo Down Home Days (Webster) 2,500, Berkeley County Youth Fair 3,500, Birch River Days Festival (Nicholas) 2,000, Black Bear 4K Mountain Bike Race 1,000, Black Heritage Festival (Harrison) 6,000, Black Walnut Festival (Roane) 10,000, Blue-Gray Reunion (Barbour) 3,500, Boone County Fair 10,000, Boone County Labor Day Celebration 4,000, Bradshaw Fall Festival (McDowell) 2,000, Bramwell Street Fair (Mercer) 1,500, Braxton County Fairs and Festivals Association 11,500, Brooke County Fair 3,500, Bruceton Mills Good Neighbor Days (Preston) 2,000, Buckwheat Festival (Preston) 8,500, Buffalo 4th of July Celebration (Putnam) 500, Buffalo Creek Memorial (Logan) 5,000, Burlington Apple Harvest Festival (Mineral) 30,000, Cabell County Fair 10,000, Calhoun County Wood Festival 2,000, Cape Coalwood Festival Association (McDowell) 2,500, Capon Bridge Annual VFD Celebration (Hampshire) 1,000, Capon Springs Ruritan 4th of July (Hampshire) 1,000, Carnegie Hall, Inc. (Greenbrier) 70,000, Cass Homecoming (Pocahontas) 2,000, Cedarville Town Festival (Gilmer) 1,000, Celebration in the Park (Wood) 4,000, Celebration of America (Monongalia) 6,000, Ceredo Historical Society (Wayne) 2,000, Ceredo-Kenova Railroad Museum (Wayne) 2,000, Chapmanville Apple Butter Festival (Logan) 1,000, Chapmanville Fire Department 4th of July 3,000, Charles Town Christmas Festival (Jefferson) 5,000, Charles Town Heritage Festival (Jefferson) 5,000, Charleston Sternwheel Regatta (Kanawha) 20,000, Cherry River Festival (Nicholas) 6,500, Chester Fireworks (Hancock) 1,500, Chester Fourth of July Festivities (Hancock) 5,000, Chief Logan State Park-Civil War Celebration (Logan) 8,000, Christmas in Shepherdstown (Jefferson) 4,000, Christmas in the Park (Brooke) 5,000, Christmas in the Park (Logan) 25,000, City of Dunbar Critter Dinner (Kanawha) 10,000, City of Pinegrove Centennial Celebration (Wetzel) 5,000, City of Pleasant Valley Celebration (Marion) 2,500, Civil War Horse Cavalry Race (Barbour) 1,000, Clay County Golden Delicious Apple Festival 5,000, Coal Field Jamboree (Logan) 35,000, Coalton Days Fair (Randolph) 7,000, Collis P. Huntington Railroad Historical Society 10,000, Country Roads Festival (Fayette) 2,000, Cowen Railroad Festival (Webster) 3,500, Craigsville Fall Festival (Nicholas) 3,500, Delbarton Homecoming (Mingo) 3,500, Doddridge County Fair 5,200, Dunlow Fall Festival (Wayne) 2,000, Durbin Days (Pocahontas) 5,000, Elbert/Filbert Reunion Festival (McDowell) 1,500, Elizabethtown Festival (Marshall) 4,000, Fairview 4th of July Celebration (Marion) 1,000, Farm Safety Day (Preston) 2,000, Fayette American Legion 4th of July 1,000, FestivALL Charleston (Kanawha) 20,000, First Stage Children's Theater Company (Cabell) 2,000, Flanagan Murrell House (Summers) 10,000, Flatwood Days (Braxton) 1,000, Flemington Day Fair and Festival (Taylor) 3,500, Follansbee Community Days (Brooke) 8,250, Fort Ashby Fort (Mineral) 1,500, Fort Gay Mountain Heritage Days (Wayne) 5,000, Fort New Salem (Harrison) 3,700, Fort Randolph (Mason) 5,000, Frankford Autumnfest (Greenbrier) 5,000, Franklin Fishing Derby (Pendleton) 7,500, Freshwater Folk Festival (Greenbrier) 5,000, Friends Auxiliary of W.R. Sharpe Hospital 5,000, Frontier Days (Harrison) 3,000, Frontier Fest/Canaan Valley (Taylor County) 5,000, Fund for the Arts-Wine & All that Jazz Festival 2,500, Gassaway Days Celebration (Braxton) 5,000, General Adam Stephen Memorial Foundation 18,525, Gilbert Kiwanis Harvest Festival (Mingo) 4,000, Gilbert Spring Fling (Mingo) 5,000, Gilmer County Farm Show 4,000, Grafton Mother's Day Shrine Committee (Taylor) 8,500, Grant County Arts Council 2,000, Grape Stomping Wine Festival (Nicholas) 2,000, Great Greenbrier River Race (Pocahontas) 50,000, Greater Quinwood Days (Greenbrier) 2,000, Green Spring Days (Hampshire) 1,000, Guyandotte Civil War Days (Cabell) 10,000, Hamlin 4th of July Celebration (Lincoln) 5,000, Hampshire Civil War Celebration Days 1,000, Hampshire County 4th of July Celebration 20,000, Hampshire County Fair 6,000, Hampshire County French & Indian War Celebration 1,000, Hampshire Heritage Days 3,000, Hancock County Oldtime Fair 5,000, Hardy County Commission - 4th of July 10,000, Hardy County Tour and Crafts Association 20,000, Harts Community Celebration (Lincoln) 1,000, Hatfield McCoy Matewan Reunion Festival (Mingo) 5,000, Hatfield McCoy Trail National ATV and Dirt Bike Weekend (Wyoming) 5,000, Heritage Craft Center of the Eastern Panhandle 7,000, Heritage Craft Festival (Monroe) 1,000, Heritage Days Festival (Roane) 1,500, Heritage Farm Museum & Village (Cabell) 50,000, Hicks Festival (Tucker) 2,000, Hilltop Festival (Huntington) 1,000, Hinton Railroad Days (Summers) 5,500, Historic Fayette Theater (Fayette) 5,500, Historic Middleway Conservancy (Jefferson) 1,000, Holly River Festival (Webster) 1,500, Hundred 4th of July (Wetzel) 7,250, Hundred American Legion Earl Kiger Post Bluegrass Festival (Wetzel) 2,000, Huntington Outdoor Theater (Cabell) 2,000, Hurricane 4th of July Celebration (Putnam) 5,000, Iaeger Lions Club Annual Golf Show (McDowell) 1,500, Iaeger Town Fair (McDowell) 1,500, Indian Mound Cemetery (Hampshire) 2,000, International Ramp Cook-Off (Randolph) 2,000, Irish Heritage Festival of WV (Raleigh) 5,000, Irish Spring Festival (Lewis) 1,000, Italian Heritage Festival-Clarksburg (Harrison) 30,000, Jackson County Fair 5,000, Jacksonburg Homecoming (Wetzel) 1,000, Jane Lew Arts and Crafts Fair (Lewis) 1,000, Jefferson Co. Black History Preservation Society 5,000, Jefferson Co. Historical Landmark Commission 8,000, Jefferson County African American Heritage Festival 5,000, Jefferson County Fair Association 25,000, Jersey Mountain Ruritan Pioneer Days (Hampshire) 1,000, John Henry Days Festival (Monroe) 5,000, Johnnie Johnson Blues and Jazz Festival (Marion) 5,000, Johnstown Community Fair (Harrison) 2,500, Junior Heifer Preview Show (Lewis) 2,000, Kanawha Coal Riverfest-St. Albans July 5,000, Kay Ford Reunion (Kanawha) 2,500, Kenova Fall Festival (Wayne) 5,000, Kermit Fall Festival (Mingo) 3,000, Keyser Old Fashioned 4th of July Celebration (Mineral) 1,000, King Coal Festival (Mingo) 5,000, Kingwood Downtown Street Fair and Heritage Days (Preston) 2,000, L.Z. Rainelle WV Veterans Reunion (Greenbrier) 5,000, Lady of Agriculture (Preston) 1,000, Lamb and Steer Show 9,000, Larry Joe Harless Center Octoberfest Hatfield McCoy Trail (Mingo) 10,000, Last Blast of Summer (McDowell) 5,000, Laurel Mt. Re-enactment Committee (Barbour) 3,250, Levels VFD Lawn Association (Hampshire) 1,000, Lewis County Fair Association 3,500, Lewisburg Shanghai (Greenbrier) 2,000, Lincoln County Fall Festival 8,000, Lincoln County Winterfest 5,000, Lincoln District Fair (Marion) 2,500, Lindside 4th of July (Monroe) 500, Little Birch Days Celebration (Braxton) 500, Little Levels Heritage Festival 2,000, Logan County Arts and Crafts Fair 4,000, Logan Freedom Festival 15,000, Lost Creek Community Festival 6,000, Maddie Carroll House (Cabell) 7,500, Mannington District Fair (Marion) 6,000, Maple Syrup Festival (Randolph) 1,000, Marion County FFA Farm Fest 2,500, Marmet Annual Labor Day Celebration (Kanawha) 2,000, Marshall County Antique Power Show 2,500, Marshall County Fair 7,500, Marshall County Historical Society 8,500, Mason County Fair 5,000, Mason Dixon Festival (Monongalia) 7,000, Matewan Massacre Reenactment (Mingo) 6,000, Matewan-Magnolia Fair (Mingo) 45,000, McARTS-McDowell County 20,000, McCoy Theater (Hardy) 20,000, McDowell County Fair 2,500, McGrew House History Day 2,000, McNeill's Rangers (Mineral) 8,000, Meadow Bridge Hometown Festival (Fayette) 1,250, Meadow River Days Festival 3,000, Mercer Bluestone Valley Fair 2,000, Mercer County Fair 2,000, Mid Ohio Valley Antique Engine Festival (Wood) 3,000, Milton Christmas in the Park (Cabell) 2,500, Milton Fourth of July Celebration (Cabell) 2,500, Mineral County Fair 1,750, Mineral County Veterans Day Parade 1,500, Molasses Festival (Calhoun) 2,000, Moncove Lake Festival (Monroe) 2,000, Monroe County Farmer's Day - Union 2,000, Monroe County Harvest Festival 2,000, Morgan County Fair-History Wagon 1,500, Morgantown Theater Company 20,000, Mothers' Day Festival (Randolph) 2,500, Moundsville Bass Festival 4,000, Moundsville July 4th Celebration (Marshall) 5,000, Mount Liberty Fall Festival (Barbour) 2,500, Mountain Fest (Monongalia) 20,000, Mountain Festival (Mercer) 4,625, Mountain Heritage Arts and Crafts Festival 5,000, Mountain Music Festival 2,500, Mountain State Apple Harvest Festival (Berkeley) 7,500, Mountain State Arts Crafts Fair Cedar Lakes (Jackson) 5,000, Mountaineer Boys' State (Lewis) 10,000, Mountaineer Hot Air Balloon Festival (Monongalia) 4,000, Mud River Festival (Lincoln) 8,000, Mullens Dogwood Festival (Wyoming) 6,000, Multi-Cultural Festival of West Virginia 20,000, Museum in the Community (Putnam) 45,000, Music Hall of Fame (Marion) 5,000,New Cumberland Christmas Parade (Hancock) 3,000, New Cumberland Fourth of July Fireworks (Hancock) 5,000, New River Bridge Day Festival (Fayette) 40,000, Newburg Volunteer Fireman's Field Day (Preston) 1,000, Newell Annual Clay Festival (Hancock) 3,000, Nicholas County Fair 5,000, Nicholas County Potato Festival 3,500, Nicholas Old Main Foundation (Nicholas) 2,000, Norman Dillon Farm Museum (Berkeley) 10,000, North Preston Farmers Club - Civil War Times 1,000, North River Valley Festival (Hampshire) 1,000, Northern Preston Mule Pull and Farmers Days 4,000, Oak Leaf Festival (Fayette) 4,000, Oceana Heritage Festival (Wyoming) 6,000, Oglebay City Park - Festival of Lights (Ohio) 80,000, Oglebay Festival (Ohio) 10,000, Ohio County Fair 8,500, Ohio Valley Beef Association (Wood) 2,500, Old Central City Fair (Huntington) 5,000, Old Opera House Theater Company (Jefferson) 15,000, Old Tyme Christmas (Jefferson) 2,400, Paden City Labor Day Festival (Wetzel) 6,500, Parkersburg Arts Center 20,000, Parkersburg Homecoming (Wood) 12,000, Patty Fest 2,000, Paw Paw District Fair (Marion) 3,500, Pax Reunion Committee (Fayette) 5,000, Pendleton County 4-H Weekend 2,000, Pendleton County Committee for Arts 15,000, Pendleton County Fair 25,000, Pennsboro Country Road Festival (Ritchie) 2,000, Petersburg Fourth of July Celebration (Grant) 20,000, Petersburg HS Celebration (Grant) 10,000, Peterstown 4th of July Horse Show (Grant) 1,000, Piedmont-Annual Back Street Festival (Mineral) 4,000, Pinch Reunion (Kanawha) 1,500, Pine Bluff Fall Festival (Harrison) 4,000, Pine Grove 4th of July Festival (Wetzel) 5,000, Pineville Festival (Wyoming) 6,000, Pleasants County Agriculture Youth Fair 5,000, Poca Heritage Days (Putnam) 3,000, Pocahontas County Pioneer Days 7,000, Pocahontas Historic Opera House 6,000, Point Pleasant Stern Wheel Regatta (Mason) 5,000, Potomac Highlands Maple Festival (Grant) 6,000, Princeton Street Fair (Mercer) 5,000, Putnam County Fair 5,000, Quartets on Parade (Hardy) 4,000, Rainelle Fall Festival (Greenbrier) 3,000, Raleigh County All Wars Museum 10,000, Randolph County Community Arts Council 3,000, Randolph County Fair 7,000, Ranson Christmas Festival (Jefferson) 5,000, Ranson Festival (Jefferson) 5,000, Ravenswood Octoberfest (Jackson) 5,000, Ravenswood Ohio River Festival (Jackson) 3,000, Reedsville VFD Fair (Preston) 2,000, Renick Liberty Festival (Greenbrier) 1,000, Rhododendron Girls' State (Ohio) 10,000, Riders of the Flood (Greenbrier) 3,000, Ripley 4th of July (Jackson) 15,000, Ritchie County Fair and Exposition 5,000, Ritchie County Pioneer Days 1,000, Ritter Park Days (Cabell) 3,000, River Heritage Days - Speed Boat Race (Wetzel) 5,000, River Heritage Days Festival (Wetzel) 6,000, Riverfest (Marion) 2,000, Roane Co. 4-H and FFA Youth Livestock Program 5,000, Roane County Agriculture Field Day 3,000, Ronceverte River Festival (Greenbrier) 5,000, Rowlesburg Labor Day Festival (Preston) 1,000, Rupert Country Fling (Greenbrier) 3,000, Salem Apple Butter Festival (Harrison) 4,000, Scottish Heritage Society/N. Central WV Central 5,000, Sistersville 4th of July Fireworks (Tyler) 5,500, Smoke on the Water (Kanawha) 2,000, Smoke on the Water (Wetzel) 3,000, Society for the Preservation of McGrew House (Preston) 3,500, Soldiers' Memorial Theater (Raleigh) 10,000, Southern Wayne County Fall Festival 1,000, Southern WV Veterans' Museum (Summers) 4,500, Spirit of Grafton Celebration (Taylor) 7,000, Spring Mountain Festival (Grant) 4,000, Springfield Peach Festival (Hampshire) 1,200, St. Albans City of Lights - December 5,000, St. Spyridon Greek Festival (Harrison) 2,500, Stoco Reunion (Raleigh) 2,500, Stonewall Jackson Heritage Arts and Crafts 11,000, Storytelling Festival (Lewis) 500, Strawberry Festival (Upshur) 30,000, Summers County Historic Landmark Commission 5,000, Taste of Parkersburg (Wood) 5,000, Taylor County Fair 5,500, Terra Alta VFD 4th of July Celebration (Preston) 1,000, Those Who Served War Museum (Mercer) 4,000, Three Rivers Avian Center (Summers) 15,000, Three Rivers Coal Festival (Marion) 7,750, Thunder on the Tygart - Mothers' Day Celebration 15,000, Town of Delbarton 4th of July Celebration 3,000, Town of Fayetteville Heritage Festival (Fayette) 7,500, Town of Matoka-annual Hog Roast (Mercer) 1,000, Treasure Mountain Festival (Pendleton) 25,000, Tri-County Fair (Grant) 15,000, Tucker County Arts Festival and Celebration 18,000, Tucker County Fair 4,750, Tucker County Health Fair 2,000, Tug Valley Arts Council (Mingo) 5,000, Tug Valley Chamber of Commerce Coal House (Mingo) 2,000, Tunnelton Depot Days (Preston) 1,000, Tunnelton Historical Society (Preston) 2,000, Turkey Festival (Hardy) 3,000, Tyler County Fair 5,200, Tyler County Fourth of July 500, Uniquely West Virginia Festival (Morgan) 2,000, Upper Ohio Valley Italian Festival (Ohio) 7,000, Upper West Fork Blue Grass Festival (Calhoun) 500, Upshur County Fair 7,000, Valley District Fair- Reedsville (Preston) 3,500, Veterans Welcome Home Celebration (Cabell) 3,000, Volcano Days at Mountwood Park (Wood) 5,000, War Homecoming Fall Festival 1,500, Wardensville Fall Festival (Hardy) 5,000, Wayne County Fair 5,000, Wayne County Fall Festival 5,000, Webb Chapel Cemetery Association Event (Preston) 2,000, Webster County Wood Chopping Festival 15,000, Webster Wild Water Weekend 2,000, Weirton July 4th Celebration (Hancock) 20,000, Wellsburg 4th of July Celebration (Brooke) 7,500, Wellsburg Apple Festival of Brooke County 5,000, West Virginia Autumn Festival (Braxton) 2,500, West Virginia Blackberry Festival (Harrison) 5,000, West Virginia Coal Festival (Boone) 10,000, West Virginia Dairy Cattle Show 10,000, West Virginia Dandelion Festival (Greenbrier) 5,000, West Virginia Fair and Exposition (Wood) 8,100, West Virginia Fireman's Rodeo (Fayette) 2,500, West Virginia Highland Games & Celtic Festival 3,000, West Virginia Honey Festival (Wood) 2,000, West Virginia Museum of Glass (Lewis) 5,000, West Virginia Oil and Gas Festival (Tyler) 11,000, West Virginia Polled Hereford Assoc. 1,500, West Virginia Poultry Festival (Hardy) 5,000, West Virginia Pumpkin Festival (Cabell) 10,000, West Virginia Roundhouse Rail Days (Berkeley) 25,000, West Virginia State Folk Festival (Gilmer) 5,000, West Virginia Water Festival - City of Hinton (Summers) 16,000, West Virginia Wine & Jazz Festival (Monongalia) 9,000, West Virginia Wine and Arts Festival (Berkeley) 5,000, Weston VFD 4th of July Firemen Festival (Lewis) 2,000, Wetzel County Autumnfest 5,500, Wetzel County Town and Country Days 17,000, Wheeling Celtic Festival (Ohio) 2,000, Wheeling City of Lights (Ohio) 8,000, Wheeling Sternwheel Regatta (Ohio) 10,000, Wheeling Vintage Raceboat Regatta (Ohio) 20,000, Whipple Community Action (Fayette) 2,500, Whitesville - Big Coal River Festival (Boone) 4,000, Widen Days Festival (Calhoun) 2,000, Wileyville Homecoming (Wetzel) 4,000, Wine Festival and Mountain Music Event (Harrison) 5,000, Winter Festival of the Waters (Berkeley) 5,000, Wirt County Fair 2,500, Wirt County Pioneer Days 2,000, WV Music Hall Fame (Kanawha) 3,000, WV State Monarch Butterfly Festival (Brooke) 5,000, WV Strawberry Festival (horse pull) 2,500, YMCA Camp Horseshoe (Ohio) 100,000, Youth Museum of Southern WV (Raleigh) 12,000, Youth Stockman Beef Expo. (Lewis) 2,000, Z.D. Ramsdell House (Wayne) 4,500
Any Fairs & Festival awards shall be funded in addition to, and not in lieu of, individual grant allocations derived from the Arts Council and the Cultural Grant Program allocations.
252-Library Commission-

Lottery Education Fund

(WV Code Chapter 10)

Fund 3559 FY 2009 Org 0433

Books and Films
179
$
450,000

Services to Libraries
180
550,000

Grants to Public Libraries182
9,348,884

Digital Resources
309
219,992

Libraries-Special Projects
625
800,000

Infomine Network884
1,184,686

Total$12,553,562
253-Bureau of Senior Services-

Lottery Senior Citizens Fund

(WV Code Chapter 29)


Fund 5405 FY 2009 Org 0508

Personal Services001$137,542
Annual Increment
004
2,600

Employee Benefits
010
59,675

Unclassified099
348,881

Local Programs Service Delivery Costs200
2,475,250

Silver Haired Legislature202
15,000

Area Agencies Administration 203
78,685

Senior Citizen Centers and Programs (R) 462
3,100,000

Transfer to Division of Human Services
for Health Care and Title XIX Waiver
for Senior Citizens53923,822,578
Roger Tompkins Alzheimers Respite Care
643
1,795,864

Regional Aged and Disabled
Resource Center
767
1,000,000

Senior Services Medicaid Transfer871
10,300,000

Legislative Initiatives for the Elderly904
10,000,000

Long Term Care Ombudsman
905
321,325

BRIM Premium
913
7,243

West Virginia Elder Watch
934
150,000

In-Home Services and Nutrition
for Senior Citizens917
5,700,000

WV Senior Corps
493
250,000

Total$59,564,643
Any unexpended balance remaining in the appropriation for Senior Citizen Centers and Programs (fund 5405, activity 462) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Senior Citizen Centers and Programs (fund 5405, activity 462) $500,000 is for emergency needs as determined by the Commissioner of Senior Services.
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.
254-Community and Technical College

Capital Improvement Fund

(WV Code Chapter 18B)


Fund 4908 FY 2009 Org 0442

Debt Service-Total
310
$5,000,000

255-Higher Education Policy Commission-

Lottery Education-

Higher Education Policy Commission-

Control Account

(WV Code Chapters 18B and 18C)


Fund 4925 FY 2009 Org 0441

Marshall Medical School-
RHI Program and Site Support (R)
033
$464,080

WVU Health Sciences-
RHI Program and Site Support (R)
035
1,276,388

RHI Program and Site Support-
District Consortia (R)
036
2,410,172

RHI Program and Site Support-
RHEP Program Administration (R)
037
183,058

RHI Program and Site Support-
Grad Med Ed and Fiscal Oversight (R)
038
104,915

Debt Service (R)
040
0

Higher Education Grant Program (R)
164
0

Tuition Contract Program (R)
165
1,020,809

Minority Doctoral Fellowship (R)
166
150,000

Underwood-Smith Scholarship
Program-Student Awards (R)
167
141,142

Health Sciences Scholarship (R)
176
250,787

Vice Chancellor for Health Sciences-
Rural Health Residency Program (R)
601
271,346

MA Public Health Program and
Health Science Technology (R)
623
61,786

Marshall University Graduate
College Writing Project (R)
807
25,000

HEAPS Grant Program (R)
867
0

WV Engineering, Science, and
Technology Scholarship Program (R)
868
470,473

Health Sciences Career
Opportunities Program (R)
869
372,059

HSTA Program (R)
870
1,521,156

WV Autism Training Center (R)
932
2,075,739

Center for Excellence in Disabilities (R)
967
250,000

Total
$
11,048,910

Any unexpended balances remaining in the appropriations at the close of fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation for Underwood-Smith Scholarship Program-Student Awards (activity 167) shall be transferred to the Underwood-Smith Teacher Scholarship Fund (fund 4922, org 0441) established by chapter eighteen-c, article four, section one.
The above appropriation for WV Engineering, Science, and Technology Scholarship Program (activity 868) shall be transferred to the West Virginia Engineering, Science and Technology Scholarship Fund (fund 4928, org 0441) established by chapter eighteen-c, article six, section one.
Total TITLE II, Section 4-Lottery Revenue$
170,096,512

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.
256-Lottery Commission-

Refundable Credit

Fund 7207 FY 2009 Org 0705

Lottery
ActivityFunds
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 commissioner's request.
257-Lottery Commission-

General Purpose Account


Fund 7206 FY 2009 Org 0705

Unclassified-Total-Transfer402$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.
258-Education Improvement Fund


Fund 4295 FY 2009 Org 0441

Unclassified-Total-Transfer402$27,000,000
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.
The Legislature has explicitly set a finite amount of available appropriations and directed the administrators of the Program to provide for the award of scholarships within the limits of available appropriations.
259-Economic Development Authority-

Economic Development Project Fund

Fund 9065 FY 2009 Org 0944

Debt Service-Total310$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.
260-School Building Authority


Fund 3514 FY 2009 Org 0402

Unclassified-Total096$19,000,000
Any unexpended balance remaining in the appropriation for Unclassified-Total-Transfer (fund 3514, activity 402) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
261-West Virginia Infrastructure Council


Fund 3390 FY 2009 Org 0316

Unclassified-Total-Transfer402$40,000,000
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.
262-Higher Education Improvement Fund

Fund 4297 FY 2009 Org 0441

Unclassified-Total
096$10,000,000

263-State Park Improvement Fund

Fund 3277 FY 2009 Org 0310

Unclassified-Total (R)
096$5,000,000

Any unexpended balance remaining in the appropriation at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
Appropriations to the State Park Improvement Fund are not to be expended on personal services or employee benefits.
264-Lottery Commission-

Excess Lottery Revenue Fund Surplus

Fund 7208 FY 2009 Org 0705

Capital Outlay-Parks
288
$
0

Other Post Employee Benefits-Transfer
289
46,600,000

Capitol Complex-Capital Outlay
417
18,200,000

Unclassified-Transfer
482
62,900,000

School Access Safety
978
8,000,000

Total
$
135,700,000

The above appropriation for Unclassified-Transfer (activity 482) 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.
The above appropriation for School Access Safety (fund 7208, activity 978), shall be transferred to the School Access Safety Fund (fund 3516) only after all funding required by chapter twenty-nine, article twenty-two, section eighteen-a of the code and the transfer to the General Revenue Fund (fund 7208, org 0705, activity 482) has been satisfied as determined by the director of the lottery.
The above appropriation for Capitol Complex-Capital Outlay (fund 7208, activity 417), shall be transferred to the Capitol Dome and Capital Improvements Fund (fund 2257) only after all the appropriations for activities 482 and 978 have been satisfied.
The above appropriation for Other Post-Employee Benefits-Transfer (fund 7208, activity 289) shall be transferred to the Other Post-Employment Contribution Accumulation Fund (fund 2541, org 0232) only after the above appropriations for activities 482, 978, and 417 have been satisfied.
Should the actual revenues accruing to the total Excess Lottery Fund be insufficient to fully fund all appropriations, the appropriation to the Other Post-Employee Benefits-Transfer (activity 289) shall be reduced to the extent funds are available and the appropriation made in the reduced amount and thereafter transferred to the Other Post-Employment Contribution Accumulation Fund (fund 2541).
265-Joint Expenses

(WV Code Chapter 4)

Fund 1736 FY 2009 Org 2300

Any unexpended balance remaining in the appropriation for Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)-Lottery Surplus (fund 1736, activity 929) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
266-Governor's Office

(WV Code Chapter 5)

Fund 1046 FY 2009 Org 0100

Any unexpended balance remaining in the appropriation for Publication of Papers and Transition Expenses-Lottery Surplus (fund 1046, activity 066) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
267-Office of Technology

(WV Code Chapter 5A)

Fund 2532 FY 2009 Org 0231

Any unexpended balances remaining in the appropriations for Network Monitoring-Lottery Surplus (fund 2532, activity 919) and Unclassified-Lottery Surplus (fund 2532, activity 928) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
268-West Virginia Development Office

(WV Code Chapter 5B)

Fund 3170 FY 2009 Org 0307

Any unexpended balance remaining in the appropriation for Connectivity Research and Development-Lottery Surplus (fund 3170, activity 923) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation to Connectivity Research and Development-Lottery Surplus shall be used by the West Virginia Development Office for the coordinated development of technical infrastructure in areas where expanded resources and technical infrastructure may be expected or required pursuant to the provisions of 5A-6-4 of the code.
269-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 5219 FY 2009 Org 0506

Any unexpended balance remaining in the appropriation for Chief Medical Examiner-Capital Improvements-Lottery Surplus (fund 5219, activity 051) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
270-Tax Division

(WV Code Chapter 11)

Fund 7082 FY 2009 Org 0702

Any unexpended balance remaining in the appropriation for Remittance Processor-Lottery Surplus (fund 7082, activity 054) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
Total TITLE II, Section 5-Excess Lottery Funds
$
330,700,000

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, eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand nine.
LEGISLATIVE

271-Crime Victims Compensation Fund

(WV Code Chapter 14)


Fund 8738 FY 2009 Org 2300

Federal
ActivityFunds
Unclassified-Total096$1,314,969
JUDICIAL

272-Supreme Court


Fund 8867 FY 2009 Org 2400

Unclassified-Total096$1,500,000
EXECUTIVE

273-Governor's Office-


Office of Economic Opportunity

(WV Code Chapter 5)


Fund 8797 FY 2009 Org 0100

Unclassified-Total096$7,272,541
274-Governor's Office-

Commission for National and Community Service

(WV Code Chapter 5)

Fund 8800 FY 2009 Org 0100

Unclassified-Total096$5,668,195
275-Auditor's Office-

National White Collar Crime Center

(WV Code Chapter 12)


Fund 8807 FY 2009 Org 1200

Unclassified-Total096$14,006,826
276-Department of Agriculture

(WV Code Chapter 19)


Fund 8736 FY 2009 Org 1400

Unclassified-Total096$4,303,826
277-Department of Agriculture-

Meat Inspection

(WV Code Chapter 19)


Fund 8737 FY 2009 Org 1400

Unclassified-Total096$852,868
278-Department of Agriculture-

State Conservation Committee

(WV Code Chapter 19)

Fund 8783 FY 2009 Org 1400

Unclassified-Total
096
$1,814,314

279-Secretary of State-

State Election Fund

(WV Code Chapter 3)

Fund 8854 FY 2009 Org 1600

Unclassified-Total
096
$832,108

DEPARTMENT OF ADMINISTRATION

280-West Virginia Prosecuting Attorney's Institute

(WV Code Chapter 7)

Fund 8834 FY 2009 Org 0228

Unclassified-Total
096$81,343

281-Children's Health Insurance Agency

(WV Code Chapter 5)

Fund 8838 FY 2009 Org 0230

Unclassified-Total
096
$37,948,479

DEPARTMENT OF COMMERCE

282-Division of Forestry

(WV Code Chapter 19)


Fund 8703 FY 2009 Org 0305

Unclassified-Total096$4,162,433
283-Geological and Economic Survey

(WV Code Chapter 29)


Fund 8704 FY 2009 Org 0306

Unclassified-Total096$486,072
284-West Virginia Development Office

(WV Code Chapter 5B)


Fund 8705 FY 2009 Org 0307

Unclassified-Total096$9,684,681
285-Division of Labor

(WV Code Chapters 21 and 47)


Fund 8706 FY 2009 Org 0308

Unclassified-Total096$566,143
286-Division of Natural Resources

(WV Code Chapter 20)


Fund 8707 FY 2009 Org 0310

Unclassified-Total096$8,568,663
287-Division of Miners' Health,

Safety and Training

(WV Code Chapter 22)


Fund 8709 FY 2009 Org 0314

Unclassified-Total096$784,352
288-Workforce West Virginia

(WV Code Chapter 23)

Fund 8835 FY 2009 Org 0323

Unclassified099$512,657
Reed Act 2002-Unemployment Compensation6222,850,000
Reed Act 2002-Employment Services
630
1,650,000

Total
$
5,012,657

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 Workforce West Virginia 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.
289-Division of Energy

(WV Code Chapter 5B)

Fund 8892 FY 2009 Org 0328

Unclassified-Total096$1,505,435
DEPARTMENT OF EDUCATION

290-State Department of Education

(WV Code Chapters 18 and 18A)


Fund 8712 FY 2009 Org 0402

Unclassified-Total096$230,320,468
291-State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)


Fund 8713 FY 2009 Org 0402

Unclassified-Total
096
$114,028,264

292-State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)


Fund 8714 FY 2009 Org 0402

Unclassified-Total
096$16,536,946

293-State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)


Fund 8715 FY 2009 Org 0402

Unclassified-Total
096$103,764,986

DEPARTMENT OF EDUCATION AND THE ARTS

294-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)


Fund 8841 FY 2009 Org 0431

Unclassified-Total
096$325,000

295-Division of Culture and History

(WV Code Chapter 29)


Fund 8718 FY 2009 Org 0432

Unclassified-Total
096
$2,082,724

296-Library Commission

(WV Code Chapter 10)


Fund 8720 FY 2009 Org 0433

Unclassified-Total096$1,950,351
297-Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 8721 FY 2009 Org 0439

Unclassified-Total
096
$1,500,000

298-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)


Fund 8734 FY 2009 Org 0932

Unclassified-Total096$27,224,316
299-State Board of Rehabilitation-

Division of Rehabilitation Services-

Disability Determination Services

(WV Code Chapter 18)


Fund 8890 FY 2009 Org 0932

Unclassified-Total
096
$
21,731,781

DEPARTMENT OF ENVIRONMENTAL PROTECTION

300-Division of Environmental Protection

(WV Code Chapter 22)


Fund 8708 FY 2009 Org 0313

Unclassified-Total096$
139,010,466

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

301-Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 8723 FY 2009 Org 0506

Unclassified-Total096$7,325,557
302-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 8802 FY 2009 Org 0506

Unclassified-Total096$86,579,129
303-Division of Health-

West Virginia Safe Drinking Water Treatment

(WV Code Chapter 16)

Fund 8824 FY 2009 Org 0506

Unclassified-Total096$16,000,000
304-West Virginia Health Care Authority

(WV Code Chapter 16)

Fund 8851 FY 2009 Org 0507

Unclassified-Total096$2,577,112
305-Human Rights Commission

(WV Code Chapter 5)


Fund 8725 FY 2009 Org 0510

Unclassified-Total096$438,899
306-Division of Human Services

(WV Code Chapters 9, 48 and 49)


Fund 8722 FY 2009 Org 0511

Unclassified
099
$155,854,516

Medical Services
189
1,806,784,280

Medical Services Administrative Costs
789
53,282,651

Total
$
2,015,921,447

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

307-Office of the Secretary

(WV Code Chapter 5F)


Fund 8876 FY 2009 Org 0601

Unclassified-Total096$ 20,002,304
308-Adjutant General-State Militia

(WV Code Chapter 15)


Fund 8726 FY 2009 Org 0603

Unclassified-Total096$ 96,633,010
309-Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)


Fund 8727 FY 2009 Org 0606

Unclassified-Total
096$32,060,431

310-Division of Corrections

(WV Code Chapters 25, 28, 49 and 62)

Fund 8836 FY 2009 Org 0608

Unclassified-Total
096
$650,000

311-West Virginia State Police

(WV Code Chapter 15)


Fund 8741 FY 2009 Org 0612

Unclassified-Total096$1,655,945
312-Division of Veterans' Affairs

(WV Code Chapter 9A)


Fund 8858 FY 2009 Org 0613

Unclassified-Total096$2,750,000
313-Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)


Fund 8728 FY 2009 Org 0618

Unclassified-Total096$1,774,230
314-Fire Commission

(WV Code Chapter 29)

Fund 8819 FY 2009 Org 0619

Unclassified-Total099$80,000
315-Division of Criminal Justice Services

(WV Code Chapter 15)


Fund 8803 FY 2009 Org 0620

Unclassified-Total096$12,896,131
316-Division of Juvenile Services

(WV Code Chapter 49)


Fund 8855 FY 2009 Org 0621

Unclassified-Total096$386,875
DEPARTMENT OF REVENUE

317-Insurance Commissioner

(WV Code Chapter 33)


Fund 8883 FY 2009 Org 0704

Unclassified-Total096$ 200,000
DEPARTMENT OF TRANSPORTATION

318-Division of Motor Vehicles

(WV Code Chapter 17B)


Fund 8787 FY 2009 Org 0802

Unclassified-Total096$18,167,668
319-Division of Public Transit

(WV Code Chapter 17)

Fund 8745 FY 2009 Org 0805

Unclassified-Total096$16,377,478
320-Public Port Authority

(WV Code Chapter 17)

Fund 8830 FY 2009 Org 0806

Unclassified-Total096$100,000
BUREAU OF SENIOR SERVICES

321-Bureau of Senior Services

(WV Code Chapter 29)


Fund 8724 FY 2009 Org 0508

Unclassified-Total096$14,515,250
MISCELLANEOUS BOARDS AND COMMISSIONS

322-Board of Pharmacy

(WV Code Chapter 30)

Fund 8857 FY 2009 Org 0913

Unclassified-Total096$155,122
323-Public Service Commission-

Motor Carrier Division

(WV Code Chapter 24A)


Fund 8743 FY 2009 Org 0926

Unclassified-Total096$1,562,171
324-Public Service Commission-

Gas Pipeline Division

(WV Code Chapter 24B)


Fund 8744 FY 2009 Org 0926

Unclassified-Total
096$282,370


325-WV Statewide Addressing and Mapping Board

(WV Code Chapter 24E)

Fund 8868 FY 2009 Org 0940

Unclassified-Total096$100,000
326-National Coal Heritage Area Authority

(WV Code Chapter 29)


Fund 8869 FY 2009 Org 0941

Unclassified-Total
096$600,000


327-Coal Heritage Highway Authority

(WV Code Chapter 29)


Fund 8861 FY 2009 Org 0942

Unclassified-Total096$50,000
Total TITLE II, Section 6-Federal Funds
$
3,114,682,336

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 2009.
328-Governor's Office-

Office of Economic Opportunity

Community Services


Fund 8799 FY 2009 Org 0100

Unclassified-Total096$9,521,284
329-West Virginia Development Office-

Community Development


Fund 8746 FY 2009 Org 0307


Unclassified-Total096$28,351,067
330-Workforce West Virginia-

Workforce Investment Act


Fund 8749 FY 2009 Org 0323

Unclassified-Total096$25,030,749
331-Division of Health-

Maternal and Child Health


Fund 8750 FY 2009 Org 0506

Unclassified-Total096$10,974,424
332-Division of Health-

Preventive Health


Fund 8753 FY 2009 Org 0506

Unclassified-Total096$2,244,387
333-Division of Health-

Substance Abuse Prevention and Treatment


Fund 8793 FY 2009 Org 0506

Unclassified-Total096$11,586,339
334-Division of Health-

Community Mental Health Services


Fund 8794 FY 2009 Org 0506

Unclassified-Total096$3,345,285
335-Division of Health-

Abstinence Education Program


Fund 8825 FY 2009 Org 0506

Unclassified-Total096$1,691,522
336-Division of Human Services-

Energy Assistance


Fund 8755 FY 2009 Org 0511

Unclassified-Total096$25,000,000
337-Division of Human Services-

Social Services


Fund 8757 FY 2009 Org 0511

Unclassified-Total096$16,007,529
338-Division of Human Services-

Temporary Assistance for Needy Families

Fund 8816 FY 2009 Org 0511

Unclassified-Total096$130,250,890
339-Division of Human Services-

Child Care and Development

Fund 8817 FY 2009 Org 0511

Unclassified-Total096$40,022,445
340-Division of Criminal Justice Services-

Juvenile Accountability Incentive

Fund 8829 FY 2009 Org 0620

Unclassified-Total096$500,395
Total TITLE II, Section 7-Federal Block Grants
$
304,526,316

Sec. 8. Awards for claims against the state.-There are hereby appropriated for fiscal year 2009, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $1,886,796, special revenue funds in the amount of $558,413, and state road funds in the amount of $713,890 for payment of claims against the state.
Sec. 9. Special revenue appropriations.-There are hereby appropriated for expenditure during the fiscal year two thousand nine appropriations made by general law from special revenues 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 eleven-b of the code, 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. 10. 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 nine, 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 nine 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 eleven-b 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. 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,
Harry Keith White,

Robert Plymale,
Brent Boggs

Roman Prezioso
K. Steven Kominar

Edwin Bowman
Mary Poling

Karen Facemyer
Don Perdue

Jesse O. Guills
William Anderson

Conferees on the part
Conferees on the part

of the Senate.
of the House of Delegates.

Delegates Perry, Pethtel, Schoen, Varner and White requested to be excused from voting on the passage of Com. Sub. for S. B. 150 under the provisions of House Rule 49.
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 she demonstrated no direct personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 540), and there were--yeas 89, nays 5, paired 2, absent and not voting 4, with the nays, paired and absent and not voting being as follows:
Nays: Andes, Armstead, Lane, J. Miller and Walters.
Paired: Yost (Yea)
Schadler (Nay)

Absent And Not Voting: Carmichael, Reynolds, Shook and Webster.
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. 150) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 541), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Carmichael, Reynolds, Shook, Webster and Yost.
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. 150) 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 the Senate had concurred in the amendments of the House of Delegates and again passed, to take effect January 1, 2009, a bill of the House of Delegates, heretofore disapproved by the Governor, all in an effort to meet the objections of the Governor as follows: H. B. 4420, Imposing corporate net income tax on certain regulated investment companies and real estate investment trusts used as tax sheltering vehicles.
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, to take effect from passage, all in an effort to meet the objections of the Governor as follows:
H. B. 4016, Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act,
And,
H. B. 4017, Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act.
Committee Reports

At the request of Delegate DeLong, 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 Doyle filed reports of the Joint Committee on Enrolled Bills as follows:
March 17, 2008

(Com. Sub. for H. B. 3056)
, Authorizing pharmacists to administer immunizations,
(Com. Sub. for H. B. 4010), Removing the limitation on terms for members on the board of library directors,
(Com. Sub. for H. B. 4036), Granting the board of Respiratory Care Practitioners rulemaking authority and the issuance of temporary permits to students,
(H. B. 4072), Clarifying that the Board of Registration for Professional Engineers is subject to a regulatory board review,
(H. B. 4073), Clarifying that the Board of Examinations in Counseling is subject to a regulatory board review,
(H. B. 4078), Relating to the termination of the Blennerhassett Island Historical State Park Commission,
(Com. Sub. for H. B. 4079), Relating to Professional Employer Organizations,
(Com. Sub. for H. B. 4082), Relating to the Public Employees Retirement System,
(Com. Sub. for H. B. 4120), Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions,
(Com. Sub. for H. B. 4139), Relating to licensing persons using bioptic telescopic devices to operate a motor vehicle,
(H. B. 4141), Providing that written status reports on civil actions brought against state government agencies are required only as requested by the President of the Senate and Speaker of the House,
(S. B. 101), Exempting nonprofit companies providing electricity from property tax,
(S. B. 236), Eliminating obsolete election language,
(S. B. 237), Repealing county officers' annual report requirement of certain expenditures,
(S. B. 238), Increasing monetary limit to file circuit court suit,
(Com. Sub. for S. B. 242), Allowing point deduction for certain licensees attending defensive driving class,
(S. B. 270), Eliminating provisions requiring circuit clerks handle and disburse inmate moneys,
(S. B. 271), Establishing grievance procedure for State Police,
(S. B. 272), Clarifying "telemarketing solicitation" definition,
(Com. Sub. for S. B. 305), Clarifying procedures for seizing neglected or abused animals,
(Com. Sub. for S. B. 311), Allowing judges to order jurors from other counties in certain situations,
(S. B. 337), Eliminating obsolete language concerning Supreme Court clerk,
(Com. Sub. for S. B. 496), Protecting voter registration information,
(Com. Sub. for S. B. 505), Creating Veterans Cemetery Fund from lottery proceeds,
(S. B. 512), Increasing number of Records Management and Preservation Board members,
(Com. Sub. for S. B. 514), Permitting electronic mail absentee voting,
(Com. Sub. for S. B. 519), Extending Hazardous Waste Material Management Fee Fund sunset provision,
(Com. Sub. for S. B. 552), Relating to prepaid wireless calling taxes, fees and charges,
(Com. Sub. for S. B. 565), Relating to increased real property assessment notice,
(S. B. 570), Allowing county commissions' involvement in joint development efforts,
(Com. Sub. for S. B. 580), Authorizing magistrate courts to accept unsigned citation payments,
(Com. Sub. for S. B. 619), Defining certain external defibrillators' user terms,
(S. B. 654), Finding and declaring certain claims against state,
(S. B. 673), Making supplementary appropriation to Department of Health and Human Resources,
(S. B. 674), Making supplementary appropriation to Department of Administration and Department of Military Affairs and Public Safety,
And,
(S. B. 775), Relating to state parks and state forests.
March 18, 2008

(Com. Sub. for H. B. 4144), Relating to physician assistants and updating language to conform to national changes,
(Com. Sub. for H. B. 4156), Permitting a governing body of a municipality to place a lien on property in an amount equal to the demolition and removal of a hazardous structure,
(Com. Sub. for H. B. 4157), Allowing insurers who have been suspended from writing new policies to continue to service existing policies,
(Com. Sub. for H. B. 4255), Authorizing the Department of Commerce to promulgate legislative rules,
(Com. Sub. for H. B. 4304), Revised Anatomical Gift Act,
(Com. Sub. for H. B. 4337), Authorizing the Board of Barbers and Cosmetologists to increase fees for one year,
(Com. Sub. for H. B. 4344), Relating to the criminal offense of cruelty to animals,
(Com. Sub. for H. B. 4381), Relating to an assigned risk plan and guaranty association account for workers' compensation insurance,
(Com. Sub. for H. B. 4383), Awarding service revolver upon retirement to state fire marshal,
(Com. Sub. for H. B. 4386), Authorizing municipalities to create an annual vacant property registration,
(Com. Sub. for H. B. 4389), Removing requirement that resident violators of traffic laws be required to sign citations,
(Com. Sub. for S. B. 227), Relating to State Teachers Retirement System,
(S. B. 297), Authorizing School Building Authority to issue revenue bonds from State Excess Lottery Fund,
(Com. Sub. for S. B. 340), Requiring consumers' notification of information security breach,
(Com. Sub. for S. B. 349), Authorizing Miscellaneous Boards and Agencies promulgate legislative rules,
(Com. Sub. for S. B. 417), Authorizing Department of Revenue promulgate legislative rules,
(Com. Sub. for S. B. 476), Creating State Employee Sick Leave Fund,
(Com. Sub. for S. B. 536), Exempting Supreme Court probation officers' vehicles from certain registration requirements,
(S. B. 574), Increasing State Police compensation,
(Com. Sub. for S. B. 593), Transferring library funding obligation to excess levy,
(Com. Sub. for S. B. 596), Relating to Streamlined Sales and Use Tax Agreement,
(S. B. 606), Requiring hiring preference for summer school program positions,
(Com. Sub. for S. B. 645), Exempting city and county hospitals from certain audit requirements,
(S. B. 659), Increasing certain crime victims' benefits,
(Com. Sub. for S. B. 682), Creating Community and Technical College Capital Improvement Fund,
(S. B. 696), Providing appraisal methods for certain multifamily rental properties,
(Com. Sub. for S. B. 751), Relating to Surface Coal Mining and Reclamation Act,
And,

(Com. Sub. for S. B. 781), Relating to service of suggestee execution and notice.
March 19, 2008

(H. B. 4394), Restoring the licensure exemption for certain contractors of manufactured housing installation,
(Com. Sub. for H. B. 4421), Repealing the corporate license tax, and creating corporate license tax replacement fees,
(Com. Sub. for H. B. 4494), Relating to the regulation of the practice of accountancy,
(Com. Sub. for H. B. 4511), Relating to zoning ordinance adoption by election or otherwise,
(Com. Sub. for H. B. 4570), Authorizing regional jail employees to carry a firearm after receiving appropriate certification,
(Com. Sub. for H. B. 4607), Relating to special district excise tax authorization,
(Com. Sub. for H. B. 4613), Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers,
(Com. Sub. for H. B. 4624), Providing per diem pay for volunteers who drive veterans to hospitals,
(H. B. 4644), Relating to the forfeiture of bail,
(Com. Sub. for H. B. 4664), Clarifying the purpose of the Purchasing Division,
And,
(Com. Sub. for H. B. 4692), Permitting depositories of state, county, municipal and other public moneys to pool securities.
March 20, 2008

(Com. Sub. for H. B. 2967), Creating the "West Virginia Remembers Program",
(H. B. 3201), Authorizing the tax commissioner to refuse, revoke, suspend or refuse to renew a business registration certificate for a business that is the alter ego, nominee or instrumentality of a business in certain situations,
(Com. Sub. for H. B. 3215), Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College,
(Com. Sub. for H. B. 4021), Revising mining safety equipment requirements and enhancing penalties for crimes against mining property,
(Com. Sub. for H. B. 4022), Relating to compensation and expenses of panel attorneys providing public defender services,
(H. B. 4038), Allowing the Division of Labor to promulgate Rules to license elevator workers.
(Com. Sub. for H. B. 4041), Relating to the regulation and treatment of the production of natural gas and coalbed methane,
(Com. Sub. for H. B. 4059), Relating to medical qualifications for school bus operators,
(Com. Sub. for H. B. 4088), Allowing farm equipment dealers to calculate their inventory based on an average of their yearly sales,
(Com. Sub. for H. B. 4117), Expanding eligibility for state minimum salary supplements for classroom teachers achieving certain national certification,
(Com. Sub. for H. B. 4150), Requiring the purchasing of American-made flags with state funds.
(Com. Sub. for H. B. 4209), Authorizing the Department of Administration to promulgate legislative rules,
(Com. Sub. for H. B. 4287), Clarifying that certain funds are authorized investments for funds of political subdivisions,
(Com. Sub. for H. B. 4307), Relating to bona fide residents wholly or solely owning greyhounds,
(Com. Sub. for H. B. 4357), Extending the Neighborhood Investment Program Act and eligibility for tax credits under the act,
And,
(Com. Sub. for S. B. 150), Budget bill.
March 21, 2008

(Com. Sub. for S. B. 201), Providing terms for certain public retirement benefits disqualification,
(Com. Sub. for S. B. 207), Relating to Deputy Sheriff Retirement System Act,
(Com. Sub. for S. B. 208), Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions,
(Com. Sub. 253), Defining "survey foot",
(Com. Sub. for S. B. 265), Creating Special Aircraft Property Valuation Act,
(Com. Sub. for S. B. 291), Appointing additional circuit court judge to Pendleton, Hardy, Hampshire, Mercer and Wayne counties,
(Com. Sub. for S. B. 292), Allowing Commissioner of Banking issue bond claims to collect certain unpaid penalties and invoices,
(Com. Sub. for S. B. 373), Authorizing Department of Environmental Protection promulgate legislative rules,
(Com. Sub. for S. B. 398), Authorizing Department of Health and Human Resources promulgate legislative rules,
(S. B. 466), Authorizing Water Development Authority to administer Dam Safety Rehabilitation Revolving Fund Loan Program,
(S. B. 541), Continuing personal income tax adjustment to certain retirees' gross income,
(S. B. 653), Permitting internet sales of life, accident and sickness insurance,
(S. B. 671), Increasing presiding Court of Claims' judge compensation,
(Com. Sub. for S. B. 712), Authorizing Coalbed Methane Review Board to propose legislative rules,
(Com. Sub. for S. B. 740), Reforming Berkeley County commission,
And,
(Com. Sub. for S. B. 778), Relating to veterans' benefits.
March 24, 2008

(Com. Sub. for S. B. 9), Permitting hunter safety program in public schools,
(Com. Sub. for S. B. 504), Relating to child support enforcement,
(Com. Sub. for S. B. 535), Modifying certain penalties for DUI,
(S. B. 595), Establishing education goals and objectives for 2020,
(Com. Sub. for S. B. 638), Requiring information collection from catalytic converter purchasers,
(Com. Sub. for S. B. 657), Creating Alcohol and Drug-Free Workplace Act,
(Com. Sub. for S. B. 680), Relating to corporate net income tax and business franchise tax,
(Com. Sub. for S. B. 706), Providing for liner placement through mined-out coal horizons,
(Com. Sub. for S. B. 715), Defining certain Public Employees Insurance Agency eligibility,
(S. B. 780), Relating to Public Employees Grievance Procedure,
And,
(S. B. 784), Relating to reforming, altering or modifying county government.
March 25, 2008

(Com. Sub. for H. B. 4019), Relating to civil actions filed in the courts of the state,
(Com. Sub. for H. B. 4023), Provide for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades,
(Com. Sub. for H. B. 4032), Relating to payment of wages through a direct deposit system,
(H. B. No. 4075), Providing for a video recording device monitoring system during Amber Alert periods,
(Com. Sub. for H. B. 4094), Relating to reimbursement of compensation paid to certain state employees for job-related training, education or professional development,
(Com. Sub. for H. B. 4121), Authorizing the participation of local governments in a purchasing card program to be administered by the Auditor,
(Com. Sub. for H. B. 4129), Revising licensing requirements for professional licensing boards, including authorizing a special volunteer license for health care professionals,
(Com. Sub. for H. B. 4290), Relating to electronic commerce,
(Com. Sub. for H. B. 4296), Relating to the rights of crime victims,
(Com Sub. for H. B. 4331), Eliminating the requirement to send surrendered driver's licenses back to the original state of licensure,
(H. B. 4348), Adding language to the code for fees for tests and certificates that were already imposed,
(Com. Sub. for H. B. 4364), Amending various requirements for motor vehicle dealers,
(H. B. 4388), Authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database,
(Com. Sub. for H. B. 4402), Relating to compulsive gambling,
(Com. Sub. for H. B. 4404), Discount Medical Plan Organizations and Discount Prescription Drug Plan Organizations Act,
(H. B. 4406), Relating to state board standards for the recommended duration of school bus transportation times for students to and from school,
(Com. Sub. for H. B. 4407), Requiring automatic tire chains as standard equipment on all new school buses,
(Com. Sub. for H. B. 4433), Increasing the maximum amount of a medical student loan that may be cancelled,
(Com. Sub. for H. B. 4434), Establishing a higher education energy and water savings revolving loan fund,
(Com. Sub. for H. B. 4438), Relating to air pollution control,
(H. B. 4449), Allowing the Higher Education Policy Commission and WV Council for Community and Technical College Education to enter into lease-purchase agreements,
(H. B. 4465), Relating to fees charged by the Secretary of State,
(H. B. 4476), Public-Private Transportation Facilities Act,
(H. B. 4477), Relating to payment of GED exam fees,
(Com. Sub. for H. B. 4495), Limiting the use of the titles "registered nurse", "nurse practitioner", and "nurse" to certain qualified individuals,
(Com. Sub. for H. B. 4515), Relating to reports by health care providers of persons incompetent to drive an automobile,
(H. B. No. 4557), Relating to continuing education for insurance producers,
(Com. Sub. for H. B. 4588), Relating to public school support,
(Com. Sub. for H. B. 4619), Collaborative Family Law Proceedings.

(Com. Sub. for S. B. 142), Relating to limited expungement of certain criminal records,
(Com. Sub. for S. B. 224), Creating Joint Emergency Services Act of 2008,
(Com. Sub. for S. B. 280), Relating to Municipal Economic Opportunity Development District Act,
(Com. Sub. for S. B. 309), Increasing Secretary of Transportation and Commissioner of Highways salary when one person serves as both,
(Com. Sub. for S. B. 474), Creating limited sales tax holiday for certain Energy Star appliance purchases,
(Com. Sub. for S. B. 492), Eliminating part-time prosecutors,
(S. B. 503), Requiring solid waste facility permit applicants furnish fingerprints for criminal background checks,
(Com. Sub. for S. B. 553), Creating Permitting and Licensing Information Act,
(Com. Sub. for S. B. 564), Relating to higher education tuition and fee waivers,
(Com. Sub. for S. B. 571), Relating to certain firefighters' workers' compensation benefits,
(Com. Sub. for S. B. 573), Increasing public school teachers' and service personnel annual salaries,
And,
(Com. Sub. for S. B. 590), Protecting health care workers.
March 26, 2008

(H. B. 4016), Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act,
(H. B. 4017), Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act,
(Com. Sub. for H. B. 4420), Imposing corporate net income tax on certain regulated investment companies and real estate investment trusts used as tax sheltering vehicles,
(Com. Sub. for H. B. 4471), Making certain changes to the West Virginia State Police Retirement System,
(Com. Sub. for H. B. 4472), Requiring a board of education to wait ten days before posting a new job opening following the death of an employee,
(Com. Sub. for H. B. 4474), Relating to registered nurses required in operating rooms,
(Com. Sub. for H. B. 4484), Relating to the criminal offense of stalking,
(H. B. 4513), Relating to the reimbursement of costs for newborn screenings.
(Com. Sub. for H. B. 4524), Relating generally to the ethical standards of public officers, employees and lobbyists,
(Com. Sub. for H. B. 4527), Allowing county commissions to regulate subdivisions and land development without adopting a plan,
(Com. Sub. for H. B. 4554), Testing school bus operators every other year,
(H. B. 4567), Attracting private investment for the financing, construction and operation of additional lodging units at Stonewall Jackson Lake State Park,
(Com. Sub. for H. B. 4617), Allowing e-notification by using e-certified cards for verification of certified mail acceptance to the court of origin for service of process,
(H. B. 4623), Relating to establishing minimum deductions,
(Com. Sub. for H. B. 4636), Making changes to workers' compensation insurance,
(Com. Sub. for H. B. 4637), Relating to the deployment of broadband to the remaining unserved areas of the state,
(H. B. 4670), Authorizing the Public Employees Insurance Agency to charge interest to employers on amounts not paid on time,
And,
(H. B. 4684), Amending the West Virginia Film Industry Investment Act.
(Com. Sub. for S. B. 239), Creating Senior Citizen Property Tax Payment Deferment Act,
(Com. Sub. for S. B. 287), Establishing West Virginia Research Trust Fund,
(Com. Sub. for S. B. 467), Reauthorizing Dam Safety Rehabilitation Revolving Fund,
(Com. Sub. for S. B. 481), Authorizing physician assistants to conduct mental health hygiene process examinations,
(S. B. 493), Granting emergency election powers to Secretary of State,
(S. B. No. 494), Providing voter verification through electronic poll book,
And,
(S. B. 495), Requiring certain poll worker training,
(S. B. 507)
, Clarifying voting procedures,
(Com. Sub. for S. B. 545), Relating to tax administration efficiency,
(Com. Sub. for S. B. 622), Creating Voluntary Rural and Outdoor Heritage Conservation Act,
(S. B. 641), Creating Water Resources Protection and Management Act,
(Com. Sub. for S. B. 650), Relating to Emergency Medical Services Retirement System,
(S. B. 722), Granting regulatory power to certain Board of Pharmacy facilities,
(Com. Sub. for S. B. 736), Relating to real property sales for persons with legal disabilities,
And,
(Com. Sub. for S. B. 746), Establishing takeback program for certain electronics.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Reynolds, Shook, Webster and Yost.
On motion of Delegate DeLong, 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-eighth Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Fleischauer, Ennis and J. Miller.
On motion of Delegate DeLong, 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 Guthrie, Swartzmiller and C. Miller.

Messages from the Senate

A message from the Senate, by
Senators White, Foster and Yoder, announced that the Senate had completed the business of this Second Regular Session and was ready to adjourn sine die.
Delegate Fleischauer, from the committee to notify the Senate of impending sine die adjournment, announced that the committee had performed that duty.
Delegate Guthrie, 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 sessions, communications were received from His Excellency, the Governor, advising that on March 14, 2008, he approved H. B. 4715; on March 15, 2008, he approved Com. Sub. for H. B. 3065, Com. Sub. for H. B. 4018, H. B. 4080, H. B. 4085, Com. Sub. for H. B. 4244, Com. Sub. for H. B. 4328, Com. Sub. for H. B. 4423, H. B. 4628; on March 17, 2008, he approved Com. Sub. for S. B. 323 and Com. Sub. for H. B. 4368; on March 20, 2008, he approved Com. Sub. for S. B. 13, Com. Sub. for S. B. 88, S. B. 101, Com. Sub. for S. B. 185, S. B. 217, Com. Sub. for S. B. 234, S. B. 236, S. B. 238, S. B. 263, S. B. 270, S. B. 271, S. B. 272, Com. Sub. for S. B. 286, Com. Sub. for S. B. 311, Com. Sub. for S. B. 496, Com. Sub. for S. B. 501, Com. Sub. for S. B. 505, Com. Sub. for S. B. 514, Com. Sub. for S. B. 519, Com. Sub. for S. B. 565, S. B. 570, Com. Sub. for S. B. 580, Com. Sub. for S. B. 619, Com. Sub. for S. B. 634 and S. B. 654; and on March 21, 2008, he approved S. B. 673 and S. B. 674; on March 27, 2008, he approved Com. Sub. for S. B. 208, S. B. 237, S. B. 253, Com. Sub. for S. B. 292, S. B. 297, S. B. 305, Com. Sub. for S. B. 325, S. B. 340, Com. Sub. for S. B. 349, Com. Sub. for S. B. 398, Com. Sub. for S. B. 417, S. B. 466, S. B. 512, Com. Sub. for S. B. 536, S. B. 541, Com. Sub. for S. B. 552, S. B. 574, Com. Sub. for S. B. 593, Com. Sub. for S. B. 596, Com. Sub. for S. B. 622, Com. Sub. for S. B. 650, S. B. 653, S. B. 659, S. B. 671, Com. Sub. for S. B. 682, S. B. 706, Com. Sub. for S. B. 712, Com. Sub. for S. B. 751, S. B. 775, Com. Sub. for S. B. 778, Com. Sub. for S. B. 781, S. B. 784, Com. Sub. for H. B. 2967, Com. Sub. for H. B. 4021, H. B. 4038, H. B. 4072, H. B. 4073, H. B. 4078, Com. Sub. for H. B. 4079, Com. Sub. for H. B. 4082, Com. Sub. for H. B. 4120, Com. Sub. for H. B. 4139, H. B. 4141, Com. Sub. for H. B. 4144, Com. Sub. for H. B. 4156, Com. Sub. for H. B. 4157, Com. Sub. for H. B. 4209, Com. Sub. for H. B. 4255, Com. Sub. for H. B. 4304, Com. Sub. for H. B. 4337, Com. Sub. for H. B. 4344, Com. Sub. for H. B. 4381, Com. Sub. for H. B. 4386, Com. Sub. for H. B. 4389, Com. Sub. for H. B. 4421, Com. Sub. for H. B. 4524 and Com. Sub. for H. B. 4664; on March 28, 2008, he approved Com. Sub. for S. B. 201, Com. Sub. for S. B. 265, Com. Sub. for S. B. 309, S. B. 317, Com. Sub. for S. B. 373, Com. Sub. for S. B. 476, Com. Sub. for S. B. 553, S. B. 595, Com. Sub. for S. B. 645, Com. Sub. for S. B. 657, Com. Sub. for S. B. 715, S. B. 780, Com. Sub. for S. B. 740, Com. Sub. for H. B. 3215, Com. Sub. for H. B. 4036, Com. Sub. for H. B. 4041, Com. Sub. for H. B. 4059, Com. Sub. for H. B. 4088, Com. Sub. for H. B. 4117, Com. Sub. for H. B. 4150, Com. Sub. for H. B. 4287, Com. Sub. for H. B. 4402, H. B. 4406, Enr. Com. Sub. for H. B. 4420, Com. Sub. for H. B. 4433, Com. Sub. for H. B. 4434, Com. Sub. for H. B. 4438, H. B. 4449, Com. Sub. for H. B. 4494, Com. Sub. for H. B. 4511, Com. Sub. for H. B. 4527, H. B. 4557, Com. Sub. for H. B. 4570, Com. Sub. for H. B. 4607, Com. Sub. for H. B. 4624, H. B. 4644, Com. Sub. for H. B. 4692; and on March 31, 2008, he approved Com. Sub. for S. B. 680, Com. Sub. for H. B. 3056, Enr. H. B. 4016, Enr. H. B. 4017, Com. Sub. for H. B. 4019, Com. Sub. for H. B. 4022, Com. Sub. for H. B. 4032, H. B. 4075, Com. Sub. for H. B. 4094, Com. Sub. for H. B. 4129, Com. Sub. for H. B. 4290, Com. Sub. for H. B. 4296, H. B. 4348, Com. Sub. for H. B. 4357, Com. Sub. for H. B. 4383, H. B. 4465, H. B. 4477, Com. Sub. for H. B. 4495, H. B. 4513, Com. Sub. for H. B. 4515, H. B. 4567, Com. Sub. for H. B. 4588, Com. Sub. for H. B. 4613, Com. Sub. for H. B. 4617, Com. Sub. for H. B. 4619, H. B. 4623, Com. Sub. for H. B. 4637, H. B. 4670 and H. B. 4684; on April 1, 2008, he approved Com. Sub. for S. B. 9, Com. Sub. for S. B. 142, Com. Sub. for S. B. 224, Com. Sub. for S. B. 239, Com. Sub. for S. B. 280, Com. Sub. for S. B. 287, Com. Sub. for S. B. 291, Com. Sub. for S. B. 467, Com. Sub. for S. B. 474, Com. Sub. for S. B. 481, Com. Sub. for S. B. 492, Com. Sub. for S. B. 493, Com. Sub. for S. B. 494, Com. Sub. for S. B. 495, S. B. 503, Com. Sub. for S. B. 504, Com. Sub. for S. B. 507, Com. Sub. for S. B. 535, Com. Sub. for S. B. 545, Com. Sub. for S. B. 564, Com. Sub. for S. B. 571, Com. Sub. for S. B. 573, Com. Sub. for S. B. 590, S. B. 641, S. B. 722, Com. Sub. for S. B. 736, Com. Sub. for S. B. 746, H. B. 3201, Com. Sub. for H. B. 4023, Com. Sub. for H. B. 4121, Com. Sub. for H. B. 4331, Com. Sub. for H. B. 4364, H. B. 4388, H. B. 4394, Com. Sub. for H. B. 4404, Com. Sub. for H. B. 4471, Com. Sub. for H. B. 4472, Com. Sub. for H. B. 4474, H. B. 4476, Com. Sub. for H. B. 4484 and Com. Sub. for H. B. 4636.
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:
March 20, 2008



VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 477.

Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 477 relates to the compensation of Conservation Officers. Specifically, the Bill provides for a base pay increase, a hiring bonus, and an increase in incremental pay. Although I support the intent of the Bill, I must object to this legislation.

At the outset, I acknowledge the hard work and dedication of this State's Conservation Officers. Conservation Officers are the backbone of the Division of Natural Resources, and their contributions to the public welfare cannot be overstated. Nevertheless, I cannot approve this Bill at this time. I have repeatedly stated that public salaries must be evaluated on a comprehensive basis within the context of all public employees. Addressing public salaries in this manner offers a deeper perspective of the State's financial standing and ensures that public employees are treated fairly. To that end, I requested - and the Legislature approved - a three percent salary increase for all state employees, Conservation Officers included, in the State Budget for the fiscal year 2009.

For this reason, I must veto Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 477.

Very truly yours,

Joe Manchin III
Governor.

State of West Virginia

OFFICE OF THE GOVERNOR

Charleston



March 21, 2008




VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 337.

Unfortunately, I must object to this Bill because its proposed title does not reflect the amendments it purports to make to the Code of West Virginia. According to the title, Enrolled Senate bill No. 337 relates to "the removal of obsolete language concerning the Clerk of the Supreme Court of Appeals." However, the Bill's proposed amendments to the Code are somewhat more substantive in nature and would modify the Court's statutory authority to appoint employees in the Clerk's office. As a result, a reasonable person would not be able to discern the proposed changes in the Code without reading the entire text of the Enrolled Senate Bill No. 337. Accordingly, I find the title inconsistent with the substance of the Bill so as to render the Bill constitutionally defective. For this reason, I must veto this legislation.

Very truly yours,

Joe Manchin III
Governor.




State of West Virginia

OFFICE OF THE GOVERNOR

Charleston



March 21, 2008




VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305

Dear Secretary Ireland:

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. 150 approved with the following objections.

My first objection to the Bill is contained in the language found on page 6 through page 7, line 85 through 131, which states:
"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 shall have the authority to transfer within the department those general revenue funds appropriated to the various agencies of the department: 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 and no funds so transferred may be transferred to a "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 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: And 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 no authority exists hereunder to transfer funds into line-items to which no funds are legislatively appropriated: And provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary or other appropriate agency head 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."


The phrase contained in lines ninety-five and ninety-six "and no funds so transferred may be transferred to a 'personal services' line" is new language that would eliminate a department secretary's ability to transfer personnel within his/her department to achieve needed efficiencies. Therefore, I am deleting this restrictive language.

My second objection to the Bill is contained in Item 10, page 20, line 18, which states:

"4-H Camp Improvements
941990,000"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. In addition, there is already sufficient funding for these types of expenditures within State government which allows for more transparency, accountability, and efficiency. Therefore, I am reducing the appropriation in the amount of $990,000 to $0.

My third objection to the Bill is contained in the language found in Item No. 18, page 25, line 26 through line 32, which states:

"From the above appropriation for Financial Advisor (activity 304) amounts may be expended for financial consulting services, conditioned upon the provider of the services monthly reports to the Joint Committee on Government and Finance on all aspects of its work, including all findings, reports, recommendations, projects and tasks."


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. Requiring the service providers to make monthly reports and provide the specified copies to the Joint Committee on Government and Finance is cost-prohibitive inasmuch as the State would be required to compensate each provider for its time and reimburse expenses associated with the preparation of such monthly reports. Therefore, I am deleting the phrase contained in lines 28 through 32 which reads ", conditioned upon the provider of the services monthly reports to the Joint Committee on Government and Finance on all aspects of its work, including all findings, reports, recommendations, projects and tasks".

My fourth objection to the Bill is contained in the language found in Item No. 21, page 27, line 11 through line 25, which states:

"From the above appropriation for Preservation and Maintenance of Statues and Monuments on Capitol Grounds (activity 371), the Division shall first restore The Union Soldiers, Sailors and Marines Monument, then consider the suggestions of the National Park Service resulting from its ongoing informal assessment of the condition of these statues and memorials in setting further priorities for preservation and maintenance. The Division shall report on its progress in these efforts at each meeting of the Council of Finance and Administration, along with its priorities for this and future funding. The Division shall also consult the Division of Culture and History and Capitol Building Commission in all aspects of planning, assessment, maintenance and restoration."


I am deleting the phrase contained in lines 13 through 22 which reads "first restore The Union Soldiers, Sailors and Marines Monument, then consider the suggestions of the National Park Service resulting from its ongoing informal assessment of the condition of these statues and memorials in setting further priorities for preservation and maintenance. The Division shall report on its progress in these efforts at each meeting of the Council of Finance and Administration, along with its priorities for this and future funding. The Division shall also" because this language is overly restrictive and could cause inefficiencies in restoration work.

My fifth objection to the Bill is contained in Item 35, page 34, line 7, which states:

"Unclassified
0993,169,569"


Included in the above appropriation for "Unclassified" is $50,000 for a new highway authority. In consideration of current national economic conditions and the hardships faced by many other states, it is prudent at this time to work toward the completion of existing projects rather than spreading already thin resources to new projects that would require ongoing funding in future years. The above "Unclassified" appropriation also includes new funding of $80,000 for the National Railway Historical Society New River Excursion, however, I believe it is important to be financially cautious and take a more conservative approach by reducing the $80,000 to $40,000. Therefore, I am cumulatively reducing the appropriation by the amount of $90,000, to $3,079,569.

My sixth objection to the Bill is contained in Item 35, page 35, line 41, which states:
"I-79 Development Council
82480,000"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The above appropriation of $80,000 is $30,000 above the 2008 level appropriation. Therefore, I am reducing the appropriation by the amount of $30,000, to $50,000.

My seventh objection to the Bill is contained in the language found in Item No. 35, page 36, line 86 through line 96, which states:

"From the above appropriation for the Unclassified (fund 0256, activity 099), $125,000 is for King Coal Highway Authority; $125,000 is for Coal Field Expressway Authority; $100,000 is for Coal Heritage Highway Authority; $100,000 is for Coal Heritage Area Authority; $50,000 is for Little Kanawha River Parkway; $90,000 is for Midland Trail Scenic Highway Association; $57,000 is for Shawnee Parkway Authority; $100,000 is for Corridor G Highway Authority; $75,000 is for Corridor H Authority; and $50,000 is for Route 2 I68 Highway Authority."


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The Route 2 I68 Highway Authority has not received funding in prior years. In consideration of current economic conditions nationally and in surrounding states, it is prudent at this time to work toward the completion of existing projects rather than spreading already thin resources to new projects that would require ongoing funding in future years. Therefore, I am deleting line 95 through line 96 which states "; and $50,000 is for Route 2 I68 Highway Authority".

My eighth objection to the Bill is contained in the language in Item 35, page 36, line 97 through line 100, which states:

"From the above appropriation for the Unclassified (fund 0256, activity 099) $250,000 is for Hatfield McCoy Recreational Trail; and $80,000 is for the National Railway Historical Society New River Excursion."


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken in building the State's budget. Therefore, I am reducing the amount on line 99 which reads "$80,000" to "$40,000".

My ninth objection to the Bill is contained in Item No. 37, page 37, line 11, which states:

"Law Enforcement
806$4,061,725"


Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 477 relates to the compensation of Conservation Officers. Specifically, the Bill provides for a base pay increase, a hiring bonus, and an increase in incremental pay. Although I supported the intent of the Bill, I vetoed this legislation.


At the outset, I acknowledge the hard work and dedication of this State's Conservation Officers. Conservation Officers are the backbone of the Division of Natural Resources, and their contributions to the public welfare cannot be overstated. Nevertheless, I did not approve this Bill at this time. I have repeatedly stated that public salaries must be evaluated on a comprehensive basis within the context of all public employees. Addressing public salaries in this manner offers a deeper perspective of the State's financial standing and ensures that public employees are treated fairly. To that end, I requested - and the Legislature approved - a three percent salary increase for all state employees, Conservation Officers included, in the State Budget for the fiscal year 2009. Therefore, I am reducing the appropriation by the amount of $1,132,380, to $2,929,345.

My tenth objection to the Bill is contained in the language found in Item No. 38, page 38, line 4, which states:

"Unclassified (R)
0992,197,375"


The "(R)" following the name of an appropriation denotes the unexpended amounts at the end of the year are reappropriated to the next fiscal year. There will be no reappropriation language for this activity. Therefore, I have deleted the "(R)" contained on line 4.

My eleventh objection to the Bill is contained in the language found in Item No. 38, page 38, line 9 through line 15, which states:

"The appropriation above for Unclassified (fund 0277, fiscal year 2006, activity 099) shall be used in developing, procuring and/or deploying, technologies to assist in locating and communicating with trapped miners, supporting life, transporting rescue personnel and rescued individuals through underground mines and otherwise assist with mine rescue operations."


The funding from this activity and fiscal year is nearly exhausted, and because no provision for reappropriation in fiscal year 2009 has been made, the directive language is unnecessary. Therefore, I am deleting in its entirety line 9 through line 15.

My twelfth objection to the Bill is contained in Item 45, page 41, line 4, which states:

"Unclassified (R)
0993,915,000"


Included within this funding is $515,000 which would offset the unreserved fund balance at June 30, 2007 of four county boards of education. However, changes in the school aid formula made in Enrolled Committee Substitute for House Bill No. 4588, passed during the 2008 Regular Legislative Session, help address the funding needs of those counties. The new funding formula, which includes enhanced funding for smaller counties, will add over $34,000,000 to the School Aid Formula over the next five years and provide for a more fair distribution of the funds. Therefore, I am reducing the appropriation by the amount of $515,000, to $3,400,000.

My thirteenth objection to the Bill is contained in Item 45, page 41, line 8, which states:

"Teacher Mentor (R)
1581,000,000"


With the pending Teacher Retirement merger outcome bringing uncertainty as to how many new teachers will require a mentor teacher next school year, due to the possibility of increased retirements, I believe the current level funding of $850,000 is sufficient for the Teacher Mentor Program until we have more information. After the Teacher Retirement Merger is finalized the funding needs of the Teacher Mentor Program will be reassessed. Therefore, I am reducing the appropriation by the amount of $150,000, to $850,000.

My fourteenth objection to the Bill is contained in Item 45, page 42, line 37 through line 38, which states:

"WV Commission on Holocaust

Education
93515,000"


Funding for this most worthy project will be provided through the State Department of Education's Unclassified line item. Therefore, I am reducing the appropriation in the amount of $15,000, to $0.

My fifteenth objection to the Bill is contained in the language found in Item 45, page 43 through page 44, line 86 through 92, which states:

"From the above appropriation for Unclassified (activity 099) $150,000 is for Hancock County Board of Education, $120,000 is for Hardy County Board of Education, $225,000 is for Pendleton County Board of Education and $20,000 is for Taylor County Board of Education. This funding is needed to offset the deficits at these County Boards of Education."


Changes in the school aid formula made in Enrolled Committee Substitute for House Bill No. 4588, passed during the 2008 Regular Legislative Session, help address the funding needs of these counties. The new funding formula, which includes enhanced funding for smaller counties, will add over $34,000,000 to the School Aid Formula over the next five years and provide for a more fair distribution of the funds. For those reasons, I am eliminating the funding of $515,000. Therefore, I am deleting, in its entirety, line 86 through line 92.

My sixteenth objection to the Bill is contained in Item No. 60, page 55, line 39 through line 40, which states:

"Emergency Response Entities -

Special Projects
8221,000,000"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The above appropriation of $1,000,000 is $200,000 above the 2008 level appropriation. Therefore, I am reducing the appropriation by the amount of $200,000, to $800,000.

My seventeenth objection to the Bill is contained in Item No. 61, page 58, line 5 through line 6, which states:

"Behavioral Health Program-

Unclassified (R)
219$52,829,562"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The above appropriation of $52,829,562 is $50,000 above the 2008 level appropriation with respect to the Four Angels program. Keeping the amount at the FY 2008 level, $100,000, and knowing that other grant opportunities are available from various sources such as the Purdue Pharma/OxyContin settlement funds, I am reducing the appropriation in the amount of $50,000, to $52,779,562.

My eighteenth objection to the Bill is contained in the language found in Item No. 61, page 59, line 32 through line 35, which states:

"Included in the above appropriation for Behavioral Health Program Unclassified (fund 0525, activity 219) is $150,000 for the Four Angels Substance Abuse Treatment Project development."


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The FY 2008 funding level of $100,000, together with funding that may be received from other sources, such as applying for a grant from the Purdue Pharma/OxyContin settlement funds, which have set aside $1,000,000 for statewide prevention programs would provide this program with adequate funding. Since additional opportunities for the Four Angels Substance Abuse program are available, I am reducing the amount on line 34 which reads "$150,000" to "$100,000" to maintain the fiscal year 2008 level of funding.

My nineteenth objection to the Bill is contained in Item 64, page 61, line 21 through line 22, which states:

"WV Teaching Hospitals

Tertiary/Safety Net
5476,356,000"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The above appropriation of $6,356,000 is $1,500,000 above the 2008 level appropriation. In addition, funding for this program increased by $1,500,000 from FY 2007 to FY 2008. Therefore, I am reducing the appropriation by the amount of $1,500,000, to $4,856,000.

My twentieth objection to the Bill is contained in Item No. 64, page 62, line 24, which states:

"In-Home Family Education
688$1,000,000"


In consideration of current economic conditions nationally and in surrounding states, I believe a smaller appropriation increase to this worthy program will be sufficient to deliver necessary services. Therefore, I am reducing the appropriation in the amount of $250,000, to $750,000, which nevertheless yields an increase of $145,000 over the prior budget year.

My twenty-first objection to the Bill is contained in the language found in Item No. 64, page 64, line 97 through line 100, which states:

"From the above appropriation for Medical Services (activity 189), the division shall expend any funds necessary to comply with the Court Order dated March 15, 2000 in the Benjamin H. Et. Al. Joan Ohl case."


The proposed language does not provide guidance beyond that provided by the Court Order in the cited case. The Department of Health and Human Resources is already taking adequate steps to comply with the Court Order. Therefore, I am deleting in its entirety line 97 through line 100.

My twenty-second objection to the Bill is contained in Item 66, page 65, line 4, which states:

"Unclassified (R)
09920,054,605"


Included in the "Unclassified" line is $100,000 of funding for the former Oak Hill Armory. The property has been sold and the transfer has been completed. Therefore, I am reducing the appropriation in the amount of $100,000, to $19,954,605.

My twenty-third objection to the Bill is contained in the language found in Item No. 66, page 66, line 20 through line 23, which states:

"From the above appropriation for Unclassified (fund 0433, activity 099) $100,000 is for the Oak Hill Armory and an amount not less than $1,200,000 is for the Mountaineer ChalleNGe Academy."


The Oak Hill Armory has been sold and the property transfer is complete. Therefore, I am deleting the language contained in line 21 and line 22 "$100,000 is for the Oak Hill Armory and".

My twenty-fourth objection to the Bill is contained in Item 90, page 85, line 2 and line 3, which states:

"Higher Education Grant

Program
16434,084,576"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The amount of $33,660,000 included in the FY 2009 Executive Budget already addressed the requirements of W.Va. Code §18C-5-3 by providing a 2% increase over the previous fiscal year appropriation to the grant program. Therefore, I am reducing the appropriation in the amount of $424,576, to $33,660,000.

My twenty-fifth objection to the Bill is contained in Item 91, page 87, line 23, which states:

"West Virginia University
459115,512,018"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. Included in the above appropriation for West Virginia University is $260,000 of new funds for the Alzheimer's Disease Registry. However, funding relating to Alzheimer's Disease of $800,000 is currently provided in the FY 2009 base budget at the WVU-School of Health Sciences, and $1,000,000 was provided to the Blanchette Rockefeller Neurosciences Institute in a March 2007 Special Session. Therefore, I am reducing the $260,000 to $0. Also included in the above appropriation is an additional $10,000 for the rifle team, over and above the $100,000 FY 2008 appropriation level. Therefore, I am reducing the amount by $10,000 to maintain the FY 2008 appropriation level. Additionally, the above appropriation includes new funding of $100,000 for Turkey Research at Raymann Memorial Farms. In an effort to avoid building the base budget with funding for new projects, I am reducing the $100,000 to $0. Therefore, I am cumulatively reducing the above appropriation by the amount of $370,000, to $115,142,018.

My twenty-sixth objection to the Bill is contained in Item 91, page 87, line 28 through line 29, which states:

"State Priorities-Brownfield/

Professional Development (R)
531902,830"


A portion of the funding provided by this appropriation is dedicated to funding demographers at both Marshall University and West Virginia University to obtain information similar to that which will be provided by the Regional Economic Models Incorporated (REMI) project. Funding for the operation of REMI is provided in other budgetary lines, thus this appropriation is duplicative. Therefore, I am reducing the appropriation by the amount of $100,000, to $802,830.

My twenty-seventh objection to the Bill is contained in the language found in Item 91, page 88 through 89, line 70 through line 92, which states:

"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, $82,500 for the WVU-Sheep Study, $500,000 for the Mining Engineering Program, $500,000 for the Center for Multiple Sclerosis Program, $550,000 for the Davis College of Forestry Agriculture and Consumer Sciences various improvements, $200,000 for Reedsville Arena, Meat Labs, and outreach activities, $80,000 for a Landscape Architect at Davis College of Forestry Agriculture and Consumer Sciences, $100,000 for the WVU-Soil Testing Program, $100,000 for a veterinarian, 50,000 for the WVU Cancer Study, 220,000 for the WVU Petroleum Engineering Program, $260,000 for the Alzheimer's Disease Registry, $110,000 for the rifle team, $250,000 for the Jackson's Mill Arena building, $500,000 for the Jackson's Mill Infrastructure electricity and water, and $100,000 for Turkey Research at Raymann Memorial Farms."


As fully set forth in my twenty-fifth objection herein, due to other funding that has been provided, I am deleting the language on line 87 through line 88 that reads "$260,000 for the Alzheimer's Disease Registry,". Additionally, I am reducing the amount in the language on line 88 through line 89 that directs "$110,000" for the rifle team, to "$100,000" to maintain funding at the FY 2008 level. Finally, I am deleting the language on line 91 through line 92 that reads ", and $100,000 for Turkey Research at Raymann Memorial Farms" to avoid building the base budget with the addition of a new project at a time when it is important to practice fiscal restraint.

My twenty-eighth objection to the Bill is contained in the language found in Item 91, page 89 through page 90, line 104 through line 108, which states:

"From the above appropriation for State Priorities-Brownfield Professional Development (fund 0586, activity 591) $50,000 shall be made payable to both Marshall University and West Virginia University for a demographer."


Funding for the operation of REMI, which provides information similar to that which a demographer may provide, is included in other budgetary lines, thus this appropriation is duplicative. I am eliminating the funding of $100,000 for a demographer at both Marshall University and West Virginia University. Therefore, I am deleting in its entirety line 104 through line 108.

My twenty-ninth objection to the Bill is contained in Item 251, page 158, line 4, which states:

"Fairs and Festivals
1222,990,000"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The above appropriation of $2,990,000 is $304,000 above the 2008 level appropriation. I believe that the Legislature can fairly fund Fairs and Festivals with the balance from the current year appropriation and with minor adjustments to the funding levels. Therefore, I am reducing the appropriation in the amount of $304,000, to $2,686,000.

My thirtieth objection to the Bill is contained in Item 251, page 158, line 9, which states:

"Tri-County Fair Association
343125,000"


In addition to the appropriation above, Tri-County Fair receives a $15,000 grant in the FY 2009 Fairs and Festivals appropriation. The $125,000 appropriation greatly exceeds the amount provided for similar fairs and festivals. Therefore, I am reducing the above Tri-County Fair Association appropriation in the amount of $100,000, to $25,000. With this reduction, Tri-County Fair will still receive a total of $40,000 from both sources of funding.

My thirty-first objection to the Bill is contained in Item 251, page 159 through page 169, line 36 through line 383, which states:

"Included in the above appropriation for Fairs and Festivals (fund 3534, activity 122) funding shall be provided to the African-American Cultural Heritage Festival 5,000, African-American Heritage Family Tree Museum 4,500, African-American Jubilee (Ohio) 5,500, Alderson 4th of July Celebration (Greenbrier) 5,000, Allegheny Echo (Pocahontas) 7,500, Alpine Festival/Leaf Peepers Festival (Tucker) 11,250, American Legion Post 8, Veterans Day Parade 2,000, Angus Beef and Cattle Show (Lewis) 1,500, Annual Labor Day Observance (Randolph) 2,000, Antique Market Fair (Lewis) 2,000, Apollo Theater-Summer Program (Berkeley) 2,000, Appalachian Autumn Festival (Braxton) 3,500, Appalachian Mountain Bike Race (Calhoun) 1,500, Apple Butter Festival (Morgan) 6,000, Aracoma Story (Logan) 50,000, Arkansaw Homemaker's Heritage Weekend (Hardy) 3,500, Armed Forces Day- South Charleston (Kanawha) 3,000, Arthurdale Heritage New Deal Festival (Preston) 5,000, Arts Monongahela (Monongalia) 20,000, Athens Town Fair (Mercer) 2,000, Augusta Fair (Randolph) 5,000, Barbour County Arts & Humanities Council 1,500, Barbour County Fair 25,000, Barboursville Octoberfest (Cabell) 5,000, Bass Festival (Pleasants) 1,850, Battelle District Fair (Monongalia) 5,000, Battle of Dry Creek (Greenbrier) 1,500, Battle of Lewisburg Civil War Days (Greenbrier) 3,000, Battle of Point Pleasant Memorial Committee (Mason) 5,000, Beckley Main Street (Raleigh) 5,000, Belington VFD Community Fair (Barbour) 1,750, Belle Boyd House (Berkeley) 2,000, Belle Town Fair (Kanawha) 4,500, Bergoo Down Home Days (Webster) 2,500, Berkeley County Youth Fair 3,500, Birch River Days Festival (Nicholas) 2,000, Black Bear 4K Mountain Bike Race 1,000, Black Heritage Festival (Harrison) 6,000, Black Walnut Festival (Roane) 10,000, Blue-Gray Reunion (Barbour) 3,500, Boone County Fair 10,000, Boone County Labor Day Celebration 4,000, Bradshaw Fall Festival (McDowell) 2,000, Bramwell Street Fair (Mercer) 1,500, Braxton County Fairs and Festivals Association 11,500, Brooke County Fair 3,500, Bruceton Mills Good Neighbor Days (Preston) 2,000, Buckwheat Festival (Preston) 8,500, Buffalo 4th of July Celebration (Putnam) 500, Buffalo Creek Memorial (Logan) 5,000, Burlington Apple Harvest Festival (Mineral) 30,000, Cabell County Fair 10,000, Calhoun County Wood Festival 2,000, Cape Coalwood Festival Association (McDowell) 2,500, Capon Bridge Annual VFD Celebration (Hampshire) 1,000, Capon Springs Ruritan 4th of July (Hampshire) 1,000, Carnegie Hall, Inc. (Greenbrier) 70,000, Cass Homecoming (Pocahontas) 2,000, Cedarville Town Festival (Gilmer) 1,000, Celebration in the Park (Wood) 4,000, Celebration of America (Monongalia) 6,000, Ceredo Historical Society (Wayne) 2,000, Ceredo- Kenova Railroad Museum (Wayne) 2,000, Chapmanville Apple Butter Festival (Logan) 1,000, Chapmanville Fire Department 4th of July 3,000, Charles Town Christmas Festival (Jefferson) 5,000, Charles Town Heritage Festival (Jefferson) 5,000, Charleston Sternwheel Regatta (Kanawha) 20,000, Cherry River Festival (Nicholas) 6,500, Chester Fireworks (Hancock) 1,500, Chester Fourth of July Festivities (Hancock) 5,000, Chief Logan State Park-Civil War Celebration (Logan) 8,000, Christmas in Shepherdstown (Jefferson) 4,000, Christmas in the Park (Brooke) 5,000, Christmas in the Park (Logan) 25,000, City of Dunbar Critter Dinner (Kanawha) 10,000, City of Pinegrove Centennial Celebration (Wetzel) 5,000, City of Pleasant Valley Celebration (Marion) 2,500, Civil War Horse Cavalry Race (Barbour) 1,000, Clay County Golden Delicious Apple Festival 5,000, Coal Field Jamboree (Logan) 35,000, Coalton Days Fair (Randolph) 7,000, Collis P. Huntington Railroad Historical Society 10,000, Country Roads Festival (Fayette) 2,000, Cowen Railroad Festival (Webster) 3,500, Craigsville Fall Festival (Nicholas) 3,500, Delbarton Homecoming (Mingo) 3,500, Doddridge County Fair 5,200, Dunlow Fall Festival (Wayne) 2,000, Durbin Days (Pocahontas) 5,000, Elbert/Filbert Reunion Festival (McDowell) 1,500, Elizabethtown Festival (Marshall) 4,000, Fairview 4th of July Celebration (Marion) 1,000, Farm Safety Day (Preston) 2,000, Fayette American Legion 4th of July 1,000, FestivALL Charleston (Kanawha) 20,000, First Stage Children's Theater Company (Cabell) 2,000, Flanagan Murrell House (Summers) 10,000, Flatwood Days (Braxton) 1,000, Flemington Day Fair and Festival (Taylor) 3,500, Follansbee Community Days (Brooke) 8,250, Fort Ashby Fort (Mineral) 1,500, Fort Gay Mountain Heritage Days (Wayne) 5,000, Fort New Salem (Harrison) 3,700, Fort Randolph (Mason) 5,000, Frankford Autumnfest (Greenbrier) 5,000, Franklin Fishing Derby (Pendleton) 7,500, Freshwater Folk Festival (Greenbrier) 5,000, Friends Auxiliary of W.R. Sharpe Hospital 5,000, Frontier Days (Harrison) 3,000, Frontier Fest/Canaan Valley (Taylor County) 5,000, Fund for the Arts-Wine & All that Jazz Festival 2,500, Gassaway Days Celebration (Braxton) 5,000, General Adam Stephen Memorial Foundation 18,525, Gilbert Kiwanis Harvest Festival (Mingo) 4,000, Gilbert Spring Fling (Mingo) 5,000, Gilmer County Farm Show 4,000, Grafton Mother's Day Shrine Committee (Taylor) 8,500, Grant County Arts Council 2,000, Grape Stomping Wine Festival (Nicholas) 2,000, Great Greenbrier River Race (Greenbrier) 50,000, Greater Quinwood Days (Greenbrier) 2,000, Green Spring Days (Hampshire) 1,000, Guyandotte Civil War Days (Cabell) 10,000, Hamlin 4th of July Celebration (Lincoln) 5,000, Hampshire Civil War Celebration Days 1,000, Hampshire County 4th of July Celebration 20,000, Hampshire County Fair 6,000, Hampshire County French & Indian War Celebration 1,000, Hampshire Heritage Days 3,000, Hancock County Oldtime Fair 5,000, Hardy County Commission - 4th of July 10,000, Hardy County Tour and Crafts Association 20,000, Harts Community Celebration (Lincoln) 1,000, Hatfield McCoy Matewan Reunion Festival (Mingo) 5,000, Hatfield McCoy Trail National ATV and Dirt Bike Weekend (Wyoming) 5,000, Heritage Craft Center of the Eastern Panhandle 7,000, Heritage Craft Festival (Monroe) 1,000, Heritage Days Festival (Roane) 1,500, Heritage Farm Museum & Village (Cabell) 50,000, Hicks Festival (Tucker) 2,000, Hilltop Festival (Huntington) 1,000, Hinton Railroad Days (Summers) 5,500, Historic Fayette Theater (Fayette) 5,500, Historic Middleway Conservancy (Jefferson) 1,000, Holly River Festival (Webster) 1,500, Hundred 4th of July (Wetzel) 7,250, Hundred American Legion Earl Kiger Post Bluegrass Festival (Wetzel) 2,000, Huntington Outdoor Theater (Cabell) 2,000, Hurricane 4th of July Celebration (Putnam) 5,000, Iaeger Lions Club Annual Golf Show (McDowell) 1,500, Iaeger Town Fair (McDowell) 1,500, Indian Mound Cemetery (Hampshire) 2,000, International Ramp Cook-Off (Randolph) 2,000, Irish Heritage Festival of WV (Raleigh) 5,000, Irish Spring Festival (Lewis) 1,000, Italian Heritage Festival- Clarksburg (Harrison) 30,000, Jackson County Fair 5,000, Jacksonburg Homecoming (Wetzel) 1,000, Jane Lew Arts and Crafts Fair (Lewis) 1,000, Jefferson Co. Black History Preservation Society 5,000, Jefferson Co. Historical Landmark Commission 8,000, Jefferson County African American Heritage Festival 5,000, Jefferson County Fair Association 25,000, Jersey Mountain Ruritan Pioneer Days (Hampshire) 1,000, John Henry Days Festival (Monroe) 5,000, Johnnie Johnson Blues and Jazz Festival (Marion) 5,000, Johnstown Community Fair (Harrison) 2,500, Junior Heifer Preview Show (Lewis) 2,000, Kanawha Coal Riverfest-St. Albans July 5,000, Kay Ford Reunion (Kanawha) 2,500, Kenova Fall Festival (Wayne) 5,000, Kermit Fall Festival (Mingo) 3,000, Keyser Old Fashioned 4th of July Celebration (Mineral) 1,000, King Coal Festival (Mingo) 5,000, Kingwood Downtown Street Fair and Heritage Days (Preston) 2,000, L.Z. Rainelle WV Veterans Reunion (Greenbrier) 5,000, Lady of Agriculture (Preston) 1,000, Lamb and Steer Show 9,000, Larry Joe Harless Center Octoberfest Hatfield McCoy Trail (Mingo) 10,000, Last Blast of Summer (McDowell) 5,000, Laurel Mt. Re-enactment Committee (Barbour) 3,250, Levels VFD Lawn Association (Hampshire) 1,000, Lewis County Fair Association 3,500, Lewisburg Shanghai (Greenbrier) 2,000, Lincoln County Fall Festival 8,000, Lincoln County Winterfest 5,000, Lincoln District Fair (Marion) 2,500, Lindside 4th of July (Monroe) 500, Little Birch Days Celebration (Braxton) 500, Little Levels Heritage Festival 2,000, Logan County Arts and Crafts Fair 4,000, Logan Freedom Festival 15,000, Lost Creek Community Festival 6,000, Maddie Carroll House (Cabell) 7,500, Mannington District Fair (Marion) 6,000, Maple Syrup Festival (Randolph) 1,000, Marion County FFA Farm Fest 2,500, Marmet Annual Labor Day Celebration (Kanawha) 2,000, Marshall County Antique Power Show 2,500, Marshall County Fair 7,500, Marshall County Historical Society 8,500, Mason County Fair 5,000, Mason Dixon Festival (Monongalia) 7,000, Matewan Massacre Reenactment (Mingo) 6,000, Matewan- Magnolia Fair (Mingo) 45,000, McARTS-McDowell County 20,000, McCoy Theater (Hardy) 20,000, McDowell County Fair 2,500, McGrew House History Day 2,000, McNeill's Rangers (Mineral) 8,000, Meadow Bridge Hometown Festival (Fayette) 1,250, Meadow River Days Festival 3,000, Mercer Bluestone Valley Fair 2,000, Mercer County Fair 2,000, Mid Ohio Valley Antique Engine Festival (Wood) 3,000, Milton Christmas in the Park (Cabell) 2,500, Milton Fourth of July Celebration (Cabell) 2,500, Mineral County Fair 1,750, Mineral County Veterans Day Parade 1,500, Molasses Festival (Calhoun) 2,000, Moncove Lake Festival (Monroe) 2,000, Monroe County Farmer's Day - Union 2,000, Monroe County Harvest Festival 2,000, Morgan County Fair-History Wagon 1,500, Morgantown Theater Company 20,000, Mothers' Day Festival (Randolph) 2,500, Moundsville Bass Festival 4,000, Moundsville July 4th Celebration (Marshall) 5,000, Mount Liberty Fall Festival (Barbour) 2,500, Mountain Fest (Monongalia) 20,000, Mountain Festival (Mercer) 4,625, Mountain Heritage Arts and Crafts Festival 5,000, Mountain Music Festival 2,500, Mountain State Apple Harvest Festival (Berkeley) 7,500, Mountain State Arts Crafts Fair Cedar Lakes (Jackson) 5,000, Mountaineer Boys' State (Lewis) 10,000, Mountaineer Hot Air Balloon Festival (Monongalia) 4,000, Mud River Festival (Lincoln) 8,000, Mullens Dogwood Festival (Wyoming) 6,000, Multi-Cultural Festival of West Virginia 20,000, Museum in the Community (Putnam) 45,000, Music Hall of Fame (Marion) 5,000,New Cumberland Christmas Parade (Hancock) 3,000, New Cumberland Fourth of July Fireworks (Hancock) 5,000, New River Bridge Day Festival (Fayette) 40,000, Newburg Volunteer Fireman's Field Day (Preston) 1,000, Newell Annual Clay Festival (Hancock) 3,000, Nicholas County Fair 5,000, Nicholas County Potato Festival 3,500, Nicholas Old Main Foundation (Nicholas) 2,000, Norman Dillon Farm Museum (Berkeley) 10,000, North Preston Farmers Club - Civil War Times 1,000, North River Valley Festival (Hampshire) 1,000, Northern Preston Mule Pull and Farmers Days 4,000, Oak Leaf Festival (Fayette) 4,000, Oceana Heritage Festival (Wyoming) 6,000, Oglebay City Park - Festival of Lights (Ohio) 80,000, Oglebay Festival (Ohio) 10,000, Ohio County Fair 8,500, Ohio Valley Beef Association (Wood) 2,500, Old Central City Fair (Huntington) 5,000, Old Opera House Theater Company (Jefferson) 15,000, Old Tyme Christmas (Jefferson) 2,400, Paden City Labor Day Festival (Wetzel) 6,500, Parkersburg Arts Center 20,000, Parkersburg Homecoming (Wood) 12,000, Patty Fest 2,000, Paw Paw District Fair (Marion) 3,500, Pax Reunion Committee (Fayette) 5,000, Pendleton County 4-H Weekend 2,000, Pendleton County Committee for Arts 15,000, Pendleton County Fair 25,000, Pennsboro Country Road Festival (Ritchie) 2,000, Petersburg Fourth of July Celebration (Grant) 20,000, Petersburg HS Celebration (Grant) 10,000, Peterstown 4th of July Horse Show (Grant) 1,000, Piedmont-Annual Back Street Festival (Mineral) 4,000, Pinch Reunion (Kanawha) 1,500, Pine Bluff Fall Festival (Harrison) 4,000, Pine Grove 4th of July Festival (Wetzel) 5,000, Pineville Festival (Wyoming) 6,000, Pleasants County Agriculture Youth Fair 5,000, Poca Heritage Days (Putnam) 3,000, Pocahontas County Pioneer Days 7,000, Pocahontas Historic Opera House 6,000, Point Pleasant Stern Wheel Regatta (Mason) 5,000, Potomac Highlands Maple Festival (Grant) 6,000, Princeton Street Fair (Mercer) 5,000, Putnam County Fair 5,000, Quartets on Parade (Hardy) 4,000, Rainelle Fall Festival (Greenbrier) 3,000, Raleigh County All Wars Museum 10,000, Randolph County Community Arts Council 3,000, Randolph County Fair 7,000, Ranson Christmas Festival (Jefferson) 5,000, Ranson Festival (Jefferson) 5,000, Ravenswood Octoberfest (Jackson) 5,000, Ravenswood Ohio River Festival (Jackson) 3,000, Reedsville VFD Fair (Preston) 2,000, Renick Liberty Festival (Greenbrier) 1,000, Rhododendron Girls' State (Ohio) 10,000, Riders of the Flood (Greenbrier) 3,000, Ripley 4th of July (Jackson) 15,000, Ritchie County Fair and Exposition 5,000, Ritchie County Pioneer Days 1,000, Ritter Park Days (Cabell) 3,000, River Heritage Days - Speed Boat Race (Wetzel) 5,000, River Heritage Days Festival (Wetzel) 6,000, Riverfest (Marion) 2,000, Roane Co. 4-H and FFA Youth Livestock Program 5,000, Roane County Agriculture Field Day 3,000, Ronceverte River Festival (Greenbrier) 5,000, Rowlesburg Labor Day Festival (Preston) 1,000, Rupert Country Fling (Greenbrier) 3,000, Salem Apple Butter Festival (Harrison) 4,000, Scottish Heritage Society/N. Central WV Central 5,000, Sistersville 4th of July Fireworks (Wetzel) 5,500, Smoke on the Water (Kanawha) 2,000, Smoke on the Water (Wetzel) 3,000, Society for the Preservation of McGrew House (Preston) 3,500, Soldiers' Memorial Theater (Raleigh) 10,000, Southern Wayne County Fall Festival 1,000, Southern WV Veterans' Museum (Summers) 4,500, Spirit of Grafton Celebration (Taylor) 7,000, Spring Mountain Festival (Grant) 4,000, Springfield Peach Festival (Hampshire) 1,200, St. Albans City of Lights - December 5,000, St. Spyridon Greek Festival (Harrison) 2,500, Stoco Reunion (Raleigh) 2,500, Stonewall Jackson Heritage Arts and Crafts 11,000, Storytelling Festival (Lewis) 500, Strawberry Festival (Upshur) 30,000, Summers County Historic Landmark Commission 5,000, Taste of Parkersburg (Wood) 5,000, Taylor County Fair 5,500, Terra Alta VFD 4th of July Celebration (Preston) 1,000, Those Who Served War Museum (Mercer) 4,000, Three Rivers Avian Center (Summers) 15,000, Three Rivers Coal Festival (Marion) 7,750, Thunder on the Tygart - Mothers' Day Celebration 15,000, Town of Delbarton 4th of July Celebration 3,000, Town of Fayetteville Heritage Festival (Fayette) 7,500, Town of Matoka-annual Hog Roast (Mercer) 1,000, Treasure Mountain Festival (Pendleton) 25,000, Tri-County Fair (Grant) 15,000, Tucker County Arts Festival and Celebration 18,000, Tucker County Fair 4,750, Tucker County Health Fair 2,000, Tug Valley Arts Council (Mingo) 5,000, Tug Valley Chamber of Commerce Coal House (Mingo) 2,000, Tunnelton Depot Days (Preston) 1,000, Tunnelton Historical Society (Preston) 2,000, Turkey Festival (Hardy) 3,000, Tyler County Fair 5,200, Tyler County Fourth of July 500, Uniquely West Virginia Festival (Morgan) 2,000, Upper Ohio Valley Italian Festival (Ohio) 7,000, Upper West Fork Blue Grass Festival (Calhoun) 500, Upshur County Fair 7,000, Valley District Fair- Reedsville (Preston) 3,500, Veterans Welcome Home Celebration (Cabell) 3,000, Volcano Days at Mountwood Park (Wood) 5,000, War Homecoming Fall Festival 1,500, Wardensville Fall Festival (Hardy) 5,000, Wayne County Fair 5,000, Wayne County Fall Festival 5,000, Webb Chapel Cemetery Association Event (Preston) 2,000, Webster County Wood Chopping Festival 15,000, Webster Wild Water Weekend 2,000, Weirton July 4th Celebration (Hancock) 20,000, Wellsburg 4th of July Celebration (Brooke) 7,500, Wellsburg Apple Festival of Brooke County 5,000, West Virginia Autumn Festival (Braxton) 2,500, West Virginia Blackberry Festival (Harrison) 5,000, West Virginia Coal Festival (Boone) 10,000, West Virginia Dairy Cattle Show 10,000, West Virginia Dandelion Festival (Greenbrier) 5,000, West Virginia Fair and Exposition (Wood) 8,100, West Virginia Fireman's Rodeo (Fayette) 2,500, West Virginia Highland Games & Celtic Festival 3,000, West Virginia Honey Festival (Wood) 2,000, West Virginia Museum of Glass (Lewis) 5,000, West Virginia Oil and Gas Festival (Tyler) 11,000, West Virginia Polled Hereford Assoc. 1,500, West Virginia Poultry Festival (Hardy) 5,000, West Virginia Pumpkin Festival (Cabell) 10,000, West Virginia Roundhouse Rail Days (Berkeley) 25,000, West Virginia State Folk Festival (Gilmer) 5,000, West Virginia Water Festival - City of Hinton (Summers) 16,000, West Virginia Wine & Jazz Festival (Monongalia) 9,000, West Virginia Wine and Arts Festival (Berkeley) 5,000, Weston VFD 4th of July Firemen Festival (Lewis) 2,000, Wetzel County Autumnfest 5,500, Wetzel County Town and Country Days 17,000, Wheeling Celtic Festival (Ohio) 2,000, Wheeling City of Lights (Ohio) 8,000, Wheeling Sternwheel Regatta (Ohio) 10,000, Wheeling Vintage Raceboat Regatta (Ohio) 20,000, Whipple Community Action (Fayette) 2,500, Whitesville - Big Coal River Festival (Boone) 4,000, Widen Days Festival (Calhoun) 2,000, Wileyville Homecoming (Wetzel) 4,000, Wine Festival and Mountain Music Event (Harrison) 5,000, Winter Festival of the Waters (Berkeley) 5,000, Wirt County Fair 2,500, Wirt County Pioneer Days 2,000, WV Music Hall Fame (Kanawha) 3,000, WV State Monarch Butterfly Festival (Brooke) 5,000, WV Strawberry Festival (horse pull) 2,500, YMCA Camp Horseshoe (Ohio) 100,000, Youth Museum of Southern WV (Raleigh) 12,000, Youth Stockman Beef Expo. (Lewis) 2,000, Z.D. Ramsdell House (Wayne) 4,500"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. I believe that the Legislature can fairly fund Fairs and Festivals with the balance from the current year appropriation and with minor adjustments to the funding levels. Therefore, I am deleting any new items in the FY 2009 Budget and reducing any increases to the FY 2008 level of funding, as follows:

I am reducing the amount in the language on line 41 that directs "5,000" to the Alderson 4th of July Celebration (Greenbrier) to "3,000". I am deleting the language on line 61 through line 62 that reads "Battle of Lewisburg Civil War Days (Greenbrier) 3,000". I am reducing the amount in the language on line 71 that directs "10,000" to the Boone County Fair to "6,500". I am reducing the amount in the language on line 75 that directs "3,500" to the Brooke County Fair to "2,500". I am reducing the amount in the language on line 86 that directs "1,000" to the Cedarville Town Festival (Gilmer) to "500". I am deleting the language on line 96 through line 97 that reads "Chester Fourth of July Festivities (Hancock) 5,000". I am deleting the language on line 99 through line 100 that reads "Christmas in the Park (Brooke) 5,000". I am deleting the language on line 101 through line 102 that reads "City of Pinegrove Centennial Celebration (Wetzel) 5,000". I am reducing the amount in the language on line 111 that directs "3,500" to the Delbarton Homecoming (Mingo) to "2,000". I am reducing the amount in the language on line 122 that directs "8,250" to the Follansbee Community Days (Brooke) to "7,250". I am reducing the amount in the language on line 125 that directs "5,000" to the Frankford Autumnfest (Greenbrier) to "3,000". I am deleting the language on line 126 through line 127 that reads "Freshwater Folk Festival (Greenbrier) 5,000". I am deleting the language on line 128 that reads "Frontier Days (Harrison) 3,000". I am reducing the amount in the language on line 133 that directs "4,000" to the Gilbert Kiwanis Harvest Festival (Mingo) to "3,000". I am reducing the amount in the language on line 134 that directs "4,000" to the Gilmer County Farm Show to "3,500". I am deleting the language on line 137 through line 138 that reads "Great Greenbrier River Race (Pocahontas) 50,000". I am deleting the language on line 143 that reads "Hampshire County 4th of July Celebration 20,000". I am deleting the language on line 149 through line 150 that reads "Hatfield McCoy Matewan Reunion Festival (Mingo) 5,000". I am deleting the language on line 153 through line 154 that reads "Heritage Craft Festival (Monroe) 1,000". I am deleting the language on line 163 through line 164 that reads "Hurricane 4th of July Celebration (Putnam) 5,000". I am reducing the amount in the language on line 170 that directs "30,000" to the Italian Heritage Festival-Clarksburg (Harrison) to "25,000". I am reducing the amount in the language on line 186 that directs "5,000" to the King Coal Festival (Mingo) to "4,000". I am deleting the language on line 187 through line 188 that reads "L.Z. Rainelle WV Veterans Reunion (Greenbrier) 5,000". I am reducing the amount in the language on line 191 that directs "10,000" to the Larry Joe Harless Center Octoberfest Hatfield McCoy Trail (Mingo) to "5,000". I am reducing the amount in the language on line 201 that directs "15,000" to the Logan Freedom Festival to "10,000". I am reducing the amount in the language on line 210 that directs "6,000" to the Matewan Massacre Reenactment (Mingo) to "5,000". I am reducing the amount in the language on line 211 that directs "45,000" to the Matewan-Magnolia Fair (Mingo) to "20,000". I am deleting the language on line 224 through line 225 that reads "Monroe County Harvest Festival 2,000, Morgan County Fair History Wagon 1,500". I am deleting the language on line 240 through line 241 that reads "New Cumberland Christmas Parade (Hancock) 3,000". I am reducing the amount in the language on line 243 that directs "40,000" to the New River Bridge Day Festival (Fayette) to "35,000". I am deleting the language on line 245 that reads "Nicholas County Fair 5,000". I am reducing the amount in the language on line 253 that directs "80,000" to the Olgebay City Park - Festival of Lights (Ohio) to "75,000". I am reducing the amount in the language in line 254 that directs "10,000" to the Oglebay Festival (Ohio) to "5,000". I am reducing the amount in the language in line 290 that directs "5,000" to the Ritchie County Fair and Exposition to "2,000". I am reducing the amount in the language in line 296 that directs "5,000" to the Ronceverte River Festival (Greenbrier) to "3,000". I am deleting the language on line 302 through line 303 that reads "Society for the Preservation of McGrew House (Preston) 3,500". I am deleting the language on line 309 through line 310 that reads "St. Spyridon Greek Festival (Harrison) 2,500". I am reducing the amount in the language on line 313 that directs "30,000" to the Strawberry Festival (Upshur) to "20,000". I am deleting the language on line 314 through line 315 that reads "Taste of Parkersburg (Wood) 5,000". I am reducing the amount in the language on line 320 that directs "15,000" to the Thunder on the Tygart - Mothers' Day Celebration to "5,000". I am deleting the language on line 321 through line 322 that reads "Town of Fayetteville Heritage Festival (Fayette) 7,500". I am deleting the language on line 337 that reads "Veterans Welcome Home Celebration (Cabell) 3,000". I am reducing the amount in the language on line 343 that directs "15,000" to the Webster County Wood Chopping Festival to "4,500". I am reducing the amount in the language on line 345 that directs "20,000" to the Weirton July 4th Celebration (Hancock) to "3,000". I am reducing the amount in the language on line 346 that directs "7,500" to the Wellsburg 4th of July Celebration (Brooke) to "6,500". I am reducing the amount in the language on line 349 that directs "10,000" to the West Virginia Coal Festival (Boone) to "7,000". I am deleting the language on line 350 through line 351 that reads "West Virginia Dandelion Festival (Greenbrier) 5,000". I am reducing the amount in the language on line 359 that directs "10,000" to the West Virginia Pumpkin Festival (Cabell) to "7,500". I am reducing the amount in the language on line 361 that directs "5,000" to the West Virginia State Folk Festival (Gilmer) to "4,500".

My thirty-second objection to the Bill is contained in Item 252, page 169, line 3, which states:

"Grants to Public Libraries
1829,348,884"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. Due to this concern, no more than a conservative increase to this line item is appropriate at this time. Therefore, I am reducing the appropriation by the amount of $1,000,000, to $8,348,884, which nevertheless yields an increase of $1,000,000 over the prior budget year.

My thirty-third objection to the Bill is contained in Item 253, page 170, line 9 and line 10, which states:

"Senior Citizen Centers and

Programs (R)
4623,100,000"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. In recent years, the total funding for the Bureau of Senior Services has grown substantially. The Lottery Act mandates that Lottery Fund profits be allocated only for seniors, education and tourism. With my budgetary recommendations for this year, seniors will receive in excess of one-third of the Lottery Fund projected profits. In addition, table game licensing revenue is projected to be $6,500,000 in FY 2009, an increase of $3,500,000, all of which will be utilized to fund senior programs. While remaining committed to funding senior citizen programs, I am reducing the above appropriation by the amount of $500,000, to $2,600,000 to maintain the FY 2008 funding level for this appropriation.

My thirty-fourth objection to the Bill is contained in Item 253, page 170, line 27, which states:

"WV Senior Corps
493250,000"


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. In recent years, the total funding for the Bureau of Senior Services has grown substantially, however, it is not prudent to institute a new program at this time. While I remain sincerely committed to senior programs, I am reducing the appropriation in the amount of $250,000, to $0.

My thirty-fifth objection to the Bill is contained in the language found in Item 253, page 170 through page 171, line 34 through line 37, which states:

"From the above appropriation for Senior Citizen Centers and Programs (fund 5405, activity 462) $500,000 is for emergency needs as determined by the Commissioner of Senior Services."


Being acutely aware of the national economy and of the budget deficits currently facing many other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. With minor adjustments to the funding requests, adequate funding for these types of needs is available in the prior year balance and at the current level budget. While remaining committed to senior programs, I am eliminating the additional funding of $500,000 for the Senior Citizen Centers and Programs. Therefore, I am deleting in its entirety line 34 through line 37.

For the reasons stated herein, I have approved, with the above objections, Enrolled Committee Substitute for Senate Bill 150.

Sincerely,

Joe Manchin III
Governor.

State of West Virginia

Joe Manchin III

Governor


March 28, 2008


VETO MESSAGE

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and veto Enrolled Committee Substitute for House Bill No. 4010.

Enrolled Committee Substitute for House Bill No. 4010 relates to term limits for public library board members. Current law limits board members to two consecutive fire-year terms. Enorlled Committee Substitute for House Bill No. 4010 would eliminate term limits and permit board members to serve indefinitely. Although I recognize the challenge of finding qualified persons to serve on boards and commissions, I cannot approve this legislation. Term limits for members of public boards and commissions encourages involvement by a greater number of citizens, thereby enhancing responsiveness to the needs of West Virginians.

For this reason, I must veto Enrolled Committee Substitute for House Bill No. 4010.

Very truly yours,

Joe Manchin III
Governor.
State of West Virginia

Joe Manchin III

Governor


March 28, 2008


VETO MESSAGE

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4554.

The Bill establishes a schedule for the administration of competency tests for school bus operators. If approved, regular school bus operators would take the test every other year. Substitute school bus operators or regular school bus operators working on a probationary contract would take the test annually. Unfortunately, I must object to this Bill because its enacting clause does not list a section reference to a section purportedly amended by the Bill. Accordingly, I find the enacting clause inconsistent with the title and the substance of the Bill so as to render the Bill constitutionally defective.

For the reasons stated herein, I must veto Enrolled Committee Substitute for House Bill No. 4554.

Very truly yours,

Joe Manchin III
Governor.

State of West Virginia

Joe Manchin III

Governor


March 28, 2008



VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and veto Enrolled Committee Substitute for Senate Bill No. 207.
Enrolled Committee Substitute for Senate Bill No. 207 makes largely technical amendments to various statutory provisions dealing with the Deputy Sheriff Retirement System. Unfortunately, in making these amendments the Bill amended a version of W. Veterans Affairs and Homeland Security. Code §7-14D-14 that did not reflect certain substantive amendments that were adopted with the passage of Enrolled House Bill No. 2130 during the 2007 Regular Session. Accordingly, my approval of this bill would effectively undo substantive amendments made to W. Va. Code §7-14D-14 by the Legislature just past year.

For this reason, I must veto Enrolled Committee Substitute for Senate Bill No. 207.

Very truly yours,

Joe Manchin III
Governor.

State of West Virginia

Joe Manchin III

Governor


March 28, 2008



VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and veto Enrolled Committee Substitute for Senate Bill No. 227.

Enrolled Committee Substitute for Senate Bill No. 227 makes largely technical amendments to various statutory provisions dealing with the State Teachers Retirement System. Unfortunately, this Bill, passed by the Legislature on March 8, 2008, conflicts with the provisions of Enrolled House Bill No. 101, which the Legislature passed during the First Extraordinary Session on March 16, 2008. Both Bills amend W. Va. Code §18-7A-14; however, the amendments of Enrolled Committee Substitute for Senate Bill No. 227 are not reflected in Enrolled House Bill No. 101.

Although I support the intent of Enrolled Committee Substitute for Senate Bill No. 227, the provisions of Enrolled House Bill No. 101, having been passed after this Bill, would control, thereby making my approval of this Bill fruitless. For this reason, I must veto Enrolled Committee Substitute for Senate Bill No. 227. However, I would encourage the Legislature to promptly consider this measure again in the near future.

Very truly yours,

Joe Manchin III
Governor.

State of West Virginia

Joe Manchin III

Governor


March 28, 2008



VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and veto Enrolled Committee Substitute for Senate Bill No. 242.

Enrolled Committee Substitute for Senate Bill No. 242 will permit a person who completes a defensive driving course to deduct three points from his or her license. The Bill, passed by the Legislature on March 5, 2008, will conflict with Enrolled Committee Substitute for House Bill No. 4023, a Bill passed by the Legislature on March 10, 2008. Both Bills amend W. Va. Code §17B-3-6; however, the amendments of Enrolled Committee Substitute for Senate Bill No. 242 are not reflected in Enrolled Committee Substitute for House Bill No. 4023.

Accordingly, the provisions of Enrolled Committee Substitute for House Bill No. 4023, having been passed after this Bill, would control, thereby making my approval of this Bill fruitless. For this reason, I must veto Enrolled Committee Substitute for Senate Bill No. 242.

Very truly yours,

Joe Manchin III
Governor.

State of West Virginia

Joe Manchin III

Governor


March 28, 2008


VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 606.

This Bill relates to a hiring preference that county boards of education extend to certain professional educators when filling summer school teaching positions. Under current law, an educator who is currently employed by the county board is given an employment preference over other applicants. Given the compelling need to fill teaching positions during the long summer months, the public policy rationale underlying the Code in its current form is well-founded, giving county boards the ability to draw from a broad pool of full-time and substitute educators to fill these critical positions.

Insofar as this Bill would modify this existing hiring preference - and potentially hamstring local boards in filling its teaching positions - I must object. For this reason, I must veto this legislation.

Very truly yours,

Joe Manchin III
Governor.



State of West Virginia

Joe Manchin III

Governor


March 31, 2008



VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 638 ("SB638").

SB638 would amend the Code of West Virginia by adding thereto a new section §61-3-59, which would impose various record-keeping requirements on purchasers of catalytic converters and impose criminal penalties for violations of these new requirements. Unfortunately, SB638 makes additional amendments that would impermissibly infringe on the civil liberties of such purchasers under the Constitutions of the State of West Virginia and of the United States.

Specifically, SB638 provides that :[a]ny law enforcement officers investigating the theft of catalytic converters . . . shall be permitted to inspect the purchased catalytic converter . . . that is in the possession of the buyer or person trading for a catalytic converter for the purpose of detecting and identifying stolen property." The Fourth Amendment of the U.S. Constitution and Article III, Section 6 of the West Virginia Constitution, however, give citizens the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . . and no warrants shall issue, but upon probable cause . . ." Absent special circumstances not applicable in this context, the courts have applied this language to require that the state may search a citizen's person, home or business only when it has probable cause to believe the search will uncover criminal activity or contraband. The aforementioned provision of SB638 would violate this protection against unreasonable searches by permitting law enforcement to demand entry to a purchaser's premises even without probable cause having been established.

For the foregoing reason, I must veto this legislation. However, I would encourage the Legislature to consider the measure again in the near future. Indeed, one potential approach would be to follow the example in a similar piece of legislation imposing nearly identical record-keeping requirements on scrap metal dealers. Following the 2007 Regular Session, I vetoed Enrolled Committee Substitute for House Bill No. 2748 on similar constitutional concerns. During a subsequent legislative session, however, the Legislature passed a revised version of the scrap metal bill that adequately addressed these constitutional issues. I would urge the Legislature to revise Enrolled Committee Substitute for Senate Bill No. 638 to similarly comply with applicable search and seizure constitutional safeguards.

With warmest regards,

Joe Manchin III
Governor.


State of West Virginia

Joe Manchin III

Governor


March 31, 2008



VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 696.

Enrolled Senate Bill No. 696 requires that "affordable rental housing," as defined by applicable federal regulations, be appraised using the "income method" of property appraisal for purposes of calculating ad valorem property taxes. Currently, county assessors consider income potential as part of the valuation process, but also consider the replacement cost of the property and the market price for similar properties.

Unfortunately, the Bill fails to adequately detail several important concepts and to define several important terms. Most notably, the Bill does not explicitly address how a property for which only a portion of which is dedicated to "affordable rental housing" is to be valued. Although the Bill suggests that only those portions of the property so dedicated should be valued under the "income method," the Bill fails to provide sufficient guidance to assessors in applying this new rule - particularly in light of the turnover in rental housing units, which could alter the makeup of an individual piece of property several times over the course of a single tax year. As a result, these new provisions would be exceedingly difficult fo county assessors to administer and enforce on a consistent basis.

For these reasons, I must veto this legislation.

Very truly yours,

Joe Manchin III
Governor.


State of West Virginia

Joe Manchin III

Governor


April 1, 2008



VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4307.

Enrolled Committee Substitute for House Bill No. 4307 proposes various amendments relating to the use of moneys in the West Virginia Greyhound Breeding Development Fund. Among other dedicated uses, moneys in the Fund are used to fund supplemental owners' awards for owners of West Virginia whelped greyhounds. One of the Bill's proposed amendments would alter the way owners' awards are distributed from the Fund. Unfortunately, a lawsuit is currently pending in the Circuit Court of Kanawha County that raises legal issues regarding the distribution of moneys from the Fund. Ee Burdette v. Sidiroplois, Civil Action No. 06-C-2368. Given the uncertainty surrounding the Fund, it would be unwarranted to approve the additional modifications proposed by this Bill until the litigation is resolved.

For these reasons, I must veto Enrolled Committee Substitute for House Bill No. 4307.

Very truly yours,

Joe Manchin III
Governor.

State of West Virginia

Joe Manchin III

Governor


April 1, 2008



VETO MESSAGE


The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305

Dear Secretary Ireland:

Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4407.

Enrolled Committee Substitute for House Bill No. 4407 would require that all new school buses purchased after July 1, 2009, be equipped with automatic tire chain installers for use on the bus tires during inclement weather. Although I have no specific objection to the use of automatic tire chain installers, I cannot approve this Bill. Certain matters are best left to the discretion of local policy makers. Accordingly, school bus equipment policy should be decided at the local level with input from local school bus drivers.

For these reasons, I must veto this legislation.

Very truly yours,

Joe Manchin III
Governor.

At 3:32 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 4:30 p.m., and reconvened at that time.
There being no further business to come before the House, at 4:42 p.m., on motion of Delegate DeLong, 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, 2008, is the official Journal of the House of Delegates for said session.




Richard Thompson
Speaker of the House of Delegates



Gregory M. Gray

Clerk of the House of Delegates