Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

West Virginia Legislature

JOURNAL

of the

House of Delegates

The House of Delegates met at 10:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Friday, March 13, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

At the request of Delegate Cowles, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.

Mr. Speaker, Mr. Armstead, on Behalf of all Members of the House of Delegates offered the following resolution, which was read by the Clerk as follows:

Whereas, That the members of the House of Delegates hereby express their profound sadness at the passing of one of their own, the Honorable H. Laban White who served as the Chairman of the Judiciary Committee of the West Virginia House of Delegates from 1960 to 1969 and was Speaker of the West Virginia House of Delegates from 1964 to 1968; and

Whereas, H. Laban White was born on May 1, 1916 in Spencer, West Virginia, the son of the late H. Laban White, Sr. and Nan Leigh (Cox) White and passed away on January 31, 2015 at his home in Clarksburg; and

Whereas, H. Laban White married the love of his life, Gwendolyn Beall on December 23, 1943, and they were the parents of three daughters, Patricia Linda (White) Stumpo (deceased), Diana (White) Slaughter and son-in-law, Gary Slaughter and Carol White; grandchildren, Melissa and David McCullough, Joshua Laban and Jaime Gutshall, Lisa Gabielle and Nicholas Cick, Traci Michelle and Joe Terango, Jennifer Careen and Schott Duarte, Tina Nicole Stumpo (deceased); thirteen great grandchildren, Lauren Walatka, Dillon McCullough, Emma McCullough, Hannah Gutshall, Joshua Gutshall, Kobe Vick, Noah Vick, Anthony Terango, Dante Terango, Brock Duarte, Brennan Duarte, Sophia Duarte and Amelia Duarte; and

Whereas, H. Laban White entered the United States Army in 1942 as a private and retired from the U. S. Army Reserve as Lieutenant Colonel after thirty-five years in active and reserve service. He was State Commander and National Director of AMVETS and served as America Legion Boys State Counselor for forty-nine consecutive years. Mr. White also served on both the State and National Commissions to hire the handicapped and was the first Chairman of the Clarksburg Human Rights Commission; and

Whereas, H. Laban White was a very prominent and active member of his community for the past seventy years. He practiced law from 1942 to 2004, served as President of the Harrison County Bar Association and was the City Attorney of Clarksburg and the Sanitary Board; and

Whereas, Among the many honors H. Laban White received were Glenville State College’s Alumnus of the year and Distinguished Service Award; the West Virginia Vocational Rehabilitation Division’s Distinguished Service Award and the Boy Scouts of America’s Distinguished Silver Beaver; and

Whereas, H. Laban White was also a member of the Clarksburg Lions, Elks and Moose, and a past president of Clarksburg Lions. He was also a member of the Harrison County, West Virginia and American Bar Associations, the Allohak Council, the Boy Scouts of America, a past president of the Clarksburg-Harrison Cultural Foundation, the Board of Trustees for Alderson-Broaddus College, the American Legion, the Reserve Officers Association and National Conference of State Legislative Leaders where he served as National Vice President; and

Whereas, H. Laban White received the Distinguished Legislative Commendation for introducing and procuring the passage of many legislative bills to improve the safety, welfare and human rights of the people of West Virginia, and he holds the highest award of the Lions International, a Fellow of the Melvin Jones Foundation. Mr. White was honored by the Harrison County Commission for significant contributions made to prove that a life well lived can make a great difference by proclaiming July 8, 2004 as H. Laban White Day. He was also honored on July 1, 1996, by the Clarksburg Lions Club “Roast” to commend him for his leadership and participation in the formation of the Scholarship Foundation; and

Whereas, H. Laban White also provided counsel and guidance to the Energy Corporation of America since 1973, first as legal adviser and subsequently as a member of the Board of Directors and finally as a Director Emeritus. Mr. White was also a member of the Clarksburg Baptist Church, where he served in many capacities, including being a teacher of forty-six years, a member of the choir and of the board and as the church attorney for many years, therefore, be it

That the Members of the House of Delegates hereby express their profound sadness at the passing of one of their own, the Honorable H. Laban White who served as the Chairman of the Judiciary Committee of the West Virginia House of Delegates from 1960 to 1964 and was Speaker of the West Virginia House of Delegates from 1964 to 1968; and, be it

Further Resolved, That the House of Delegates hereby commemorates the life and passing of H. Laban White, whose unique abilities touched the lives of many West Virginians and who will be sorely missed by all that knew and loved him.

At the request of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 22) to a committee was dispensed with, and it was taken up for immediate consideration.

The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 548), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 22) adopted.

Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:

H. R. 11, For the Lottery Commission to implement creative methods for selling Veteran Lottery tickets to help fund the West Virginia Veterans Home,

H. C. R. 92, Requesting the Joint Committee on Government and Finance to study the need to require liability insurance coverage by businesses licensed to sell alcoholic beverages, nonintoxicating beer or wine on premises,

H. C. R. 151, Requesting the Joint Committee on Health authorize a study on the licensure of athletic trainers,

H. C. R. 152, Requesting the Joint Committee on Government and Finance to study the long-term needs for maintenance and construction of local public libraries and methods for providing adequate funding to meet those needs,

S. C. R. 33, Requesting Joint Committee on Government and Finance study undeveloped land preservation and conservation tax credit program,

At the respective requests of Delegate Cowles, and by unanimous consent, the resolutions (H. R. 11, H. C. R. 92, H. C. R. 151, H. C. R. 152 and S. C. R. 33) were each taken up for immediate consideration and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.

Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:

H. C. R. 8, The U.S. Air Force Staff Sergeant William Henry “Bill” Whitman Memorial Highway,

H. C. R. 128, Requesting the Joint Committee on Government and Finance study the need for the health insurance policies to provide adequate coverage to encourage adoption of abuse deterrent formulation technologies for opiods in order to assist in the state’s continuing efforts to eliminate prescription drug abuse,

H. C. R. 145, Requesting the Joint Committee on Government and Finance to study direct primary care,

S. C. R. 37, Requesting Joint Committee on Government and Finance to study future legislation relating to the pharmaceutical benefits management industry in the State of West Virginia,

At the respective requests of Delegate Cowles, and by unanimous consent, the resolutions (H. C. R. 8, H. C. R. 41, H. C. R. 52, H. C. R. 57, H. C. R. 59, H. C. R. 64, H. C. R. 76, H. C. R. 78, H. C. R. 107, H. C. R. 128, H. C. R. 142, H. C. R. 144, H. C. R. 145, S. C. R. 10, S. C. R. 37, S. C. R. 51, S. C. R. 53, S. C. R. 54, S. C. R. 55 and S. C. R. 56) were each taken up for immediate consideration and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.

Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:

H. C. R. 110, Requesting the Joint Committee on Government and Finance to study reducing the State Board of Education budget and redirecting those funds toward increasing teacher salaries,

And reports back a committee substitute therefore, with the same title, as follows:

Com. Sub. for H. C. R. 110 - “Requesting the Joint Committee on Government and Finance to study reducing the State Board of Education budget and redirecting those funds toward increasing teacher salaries,”

At the respective requests of Delegate Cowles, and by unanimous consent, the resolution (Com. Sub. for H. C. R. 110) was taken up for immediate consideration and adopted.

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

Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:

S. C. R. 59, Requesting Joint Committee on Government and Finance study expansion of outcomes of MU Luke Lee Listening, Language and Learning Lab,

S. C. R. 63, Urging Board of Coal Mine Health and Safety develop regulations governing movement of underground mining equipment,

At the respective requests of Delegate Cowles, and by unanimous consent, the resolutions (S. C. R. 59 and S. C. R. 63) were each taken up for immediate consideration and adopted.

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

Communications were laid before the House from His Excellency, the Governor, as follows:

Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following annual reports have been received in the Office of the Governor:

Academy Professional Development Center Post Exchange, West Virginia State Police; Annual Report for June 1, 2012-June 30, 2013; West Virginia Department of Military Affairs and Public Safety

Academy Professional Development Center Post Exchange, West Virginia State Police; Annual Report for July 1, 2013-June 30, 2014; West Virginia Department of Military Affairs and Public Safety

Accountancy, West Virginia Board of; Annual Report for June 30, 2013-June 30, 2014

Adjudicated Juvenile Rehabilitation Review Commission; Annual Report for Fiscal Year 2013; West Virginia Supreme Court of Appeals

Aeronautics Commission, West Virginia; Annual Report for Fiscal Year 2013-2014; West Virginia Department of Transportation

Agriculture Land Protection Authority, West Virginia; Annual Report for Fiscal Year 2014

Alcohol Beverage Control Administration; Annual Report for Fiscal Year 2014; West Virginia Department of Revenue

All Payer Claims Database; Annual Report for 2012 and 2013; West Virginia Insurance Commission, West Virginia Department of Health and Human Resources, West Virginia Health Care Authority

Behavioral Health Commission, West Virginia Comprehensive; Annual Report for 2014

Child Care Center, Office of Programs Division of Early Care and Education, Bureau of Children and Families; Annual Report·for Fiscal Year 2013; West Virginia Department of Education

Child Support Enforcement, Bureau of; Commission Report for 2015; West Virginia Department of Health and Human Resources

Coal Mine Health and Safety, West Virginia Board of; Annual Report for Fiscal Year 2014

Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee; Annual Report for 2014

Consolidated Public Retirement Board, State of West Virginia; Annual Report for Fiscal Year 2014; West Virginia Department of Administration

Consumer Advocates, West Virginia Office of; Annual Report Fiscal Year 2014; West Virginia Office of the Insurance Commissioner

Consumer Protection and Antitrust Division, Office of the Attorney General; Annual Report for November 20, 2013-November 19, 2014

Corrections, Division of; Annual Report for Fiscal Year 2013-2014; West Virginia Department of Military Affairs and Public Safety

Crime, Delinquency and Correction, Governor's Committee, Community Corrections Subcommittee; Annual Report Fiscal Year 2014; Division of Justice and Community Services; West Virginia Department of Military Affairs and Public Safety

Crime, Delinquency and Correction, Governor's Committee, Law Enforcement Professional Standards Subcommittee; Annual Report Fiscal Year 2014; Division of Justice and Community Services; West Virginia Department of Military Affairs and Public Safety

Crime, Delinquency and Correction, Governor's Committee, State Advisory Group Subcommittee; Annual Report Fiscal Year 2014; Division of Justice and Community Services; West Virginia Department of Military Affairs and Public Safety

Deaf and Blind, West Virginia School for the; Annual Report for Fiscal Year 2014

Energy, West Virginia Division of; Annual Report for January 1, 2014-November 30, 2014; West Virginia Department of Commerce

Engineers, West Virginia State Board of Registration for Professional; Annual Report for Fiscal Year 2014

Equal Employment Opportunity Office, State of West Virginia; Annual Report for 2014; Office of the Governor

Financial Institutions, West Virginia Division of; 113th Annual Report Fiscal Year ending June 30, 2014

Geological and Economic Survey, West Virginia; Annual Report 2013; West Virginia Department of Commerce

Insurance Commissioner, State of West Virginia; Annual Report for Calendar Year 2013; West Virginia Department of Revenue

Justice Reinvestment Initiative, Division of Justice and Community Services; Annual Report for Fiscal Year 2014; West Virginia Department of Military Affairs and Public Safety

Juvenile Services, Division of; Annual Report for Fiscal Year 2013; West Virginia Department of Military Affairs and Public Safety

Juvenile Services, Division of; Annual Report for Fiscal Year 2014; West Virginia Department of Military Affairs and Public Safety

Lottery, West Virginia; Annual Report for Fiscal Year ended June 30, 2014 and 2013; West Virginia Department of Revenue

Marketing and Communication; 2013 SB 393 Status Report; West Virginia Department of Commerce

Maternal Child and Family Health, Office of (regarding birth defects surveillance); Annual Report for January 1, 2011-December 31, 2011; West Virginia Department of Health and Human Resources

Maternal, Child and Family Health, Office of (regarding infant and maternal mortality); Annual Report on Infant Mortality January 1, 2011-December 31, 2011; Annual Report of Maternal Mortality January 1, 2012-December 31, 2012; West Virginia Department of Health and Human Resources

Medical Imaging and Radiation Therapy Technology, West Virginia Board of Examiners for; Annual Report Fiscal Year 2014

Medicine, West Virginia Board of; Annual Report of the Biennium July 1, 2012-June 30, 2014

Miners’ Health, Safety and Training, Office of; Annual Report for year ending December 31, 2013; West Virginia Department of Commerce

Minority Affairs, Herbert Henderson Office of; Annual Report for 2014; Office of the Governor

Municipal Bond Commission, West Virginia; Annual Report for Fiscal Year ending June 30, 2014

National Guard, West Virginia; Annual Report for Fiscal Year 2014; West Virginia Department of Military Affairs and Public Safety

Natural Resources, Division of; Annual Report for Fiscal Year 2013-2014; West Virginia Department of Commerce

Neighborhood Investment Program Independent Assessment, Development Office; 2013 Final Report on the Assessment of 2011-2012; West Virginia Department of Commerce

Nursing Home Administrators, West Virginia Licensing Board for; Annual Report for July 1, 2013-June 30, 2014

Parent/Educator Resource Training Center of Wood County; Annual Report for 2013-2014

Personnel, Division of; Annual Report Fiscal Year 2014; West Virginia Department of Administration

Planning and Development Council, Regional 4; Annual Report for Fiscal Year 2014

Public Defender Services; Annual Report for Fiscal Year 2013-2014; West Virginia Department of Administration

Public Employees Grievance Board; Annual Report for Fiscal Year 2014; West Virginia Department of Administration

Purchase of Commodities and Services from the Handicapped, Governor's Committee for the; Annual Report for Fiscal Year 2014; West Virginia Department of Administration

Real Estate Commission, State of West Virginia; Annual Report ending June 30, 2014

Reconnecting McDowell, Herbert Henderson Office of Minority Affairs; Annual Report for 2014; Office of the Governor

Registered Professional Nurses, West Virginia Board of Examiners for; Annual Report of the Biennium July 1, 2012-June 30, 2014

Rehabilitation Facilities, Inc., West Virginia Association of; Annual Report for 2013

Rehabilitation Services, West Virginia Division of; Annual Report for Fiscal Year 2014; West Virginia Department of Education and the Arts

Rehabilitation Services, West Virginia Division of; Annual Report for Fiscal Year 2013; West Virginia Department of Education and the Arts

Risk and Insurance Management, Board of; Annual Report Fiscal Year ending June 30, 2014; West Virginia Department of Administration

Ron Yost Personal Assistance Services; Annual Report for July 1, 2013-June 30, 2014

Ron Yost Personal Assistance Services; Annual Report for July 2, 2012-June 30, 2013

School Building Authority of West Virginia; Annual Report for year ending June 30, 2014

Senior Services, West Virginia Bureau of; Annual Report Fiscal ·Year July 1, 2013-June 30, 2014

State Police, West Virginia; Annual Report for July 1, 2013-July 30, 2014; West Virginia Department of Military Affairs and Public Safety

Tourism, West Virginia Division of; Annual Report for 2013; West Virginia Department of Commerce

Treasury Investments, West Virginia Board of; Annual Report for Fiscal Year ending June 30, 2014

Youth Services, Bureau of Children and Families; Annual Report Fiscal Year July 1, 2012-June 30, 2013; West Virginia Department of Health and Human Resources

In accordance with the provisions of section 11, article 7 of the Constitution of the State of West Virginia, and section 16, article 1, chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties, during the period of March 5, 2014, through March 13, 2015.

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for S. B. 12, Relating to payment of separated employee’s outstanding wages.

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for S. B. 19, Specifying minimum early childhood education program instruction days.

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

Com. Sub. for S. B. 182, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules.

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

Com. Sub. for S. B. 243, Relating to school nutrition standards during state of emergency or preparedness.

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for S. B. 352, Expanding scope of cooperative associations to goods andservices including recycling.

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

S. B. 370, Reorganizing Governor’s Committee on Crime, Delinquency and Correction and certain subcommittees.

The Clerk of the Senate, announced that, upon reconsideration the Senate had amended and again passed, to take effect from passage, in an effort to meet the objections of the Governor, and requested the concurrence of the House of Delegates in the same, as to

S. B. 389, Relating to Board of Registration for Professional Engineers license renewals and reinstatements.

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I again disapprove and return Enrolled Senate Bill No. 389 for technical reasons.

The bill’s title is deficient. The title states that the bill is amending and reenacting W. Va. Code §30-13-18, but does not provide that it is also amending and reenacting §30-13-13a and §30-13-17. For this reason, I disapprove and return the bill. I urge the Legislature to correct this technical issue, and to return the bill to my desk for signature.

On motion of Delegate Cowles, 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.

Enr. S. B. 389 - “An Act to amend and reenact §30-13-18 of the Code of West Virginia, 1931, as amended, relating to the Board of Registration for Professional Engineers; changing time period for renewal from fiscal year to calendar year; authorizing renewal notification by mail or electronically; providing for reinstatement of nonrenewed licenses; authorizing annual or biennial renewal periods; providing late fee; and authorizing legislative rules and emergency rules related to renewal and reinstatement.”

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment.

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. 549), and there were--yeas 100, nays none, absent and not voting none, with the yeas, nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Deem, Duke, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hicks, Hill, Hornbuckle, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Miller, Moffatt, Moore, Morgan, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. S. B. 389) passed, as a result of the objections of the Governor.

On this question, the yeas and nays were taken (Roll No. 550), and there were--yeas 100, nays none, absent and not voting none.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. S. B. 389) takes effect from its passage.

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

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for S. B. 390, Authorizing PSC approve expedited cost recovery of natural gas utility infrastructure projects.

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

Com. Sub. for S. B. 430, Permitting mutual protective orders enjoining certain contact between parties to domestic relations actions.

The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended of

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

The following Senate amendment to the House of Delegates amendment was reported by the Clerk:

On page eight, section five, after the words “include all expenses”, by inserting the words “and revenues”.

On pages eight and nine, section six, after the words “officials will be paid only”, by inserting the words “one rate at a minimum of”.

On page ten, section seventeen, subsection (a), by striking out “$25” and inserting in lieu thereof “$75”.

On page eleven, section nineteen, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment to the House amendment.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 551), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 436) passed.

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

The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of

S. B. 481, Relating to municipal policemen’s and firemen’s pension and relief funds’ investment,

S. B. 483, Relating to municipal policemen’s and firemen’s pension and relief funds’ trustees,

S. B. 514, Relating to investments of local policemen’s and firemen’s pension and relief funds,

The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with a title amendment, and the passage, as amended, of

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

The following Senate title amendment to the House of Delegates amendment was reported by the Clerk:

S. B. 574 - “A Bill to amend and reenact §60-3A-17 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-4-3 and §60-4-3a of said code, all relating to sales of liquor by distilleries and mini-distilleries generally; setting fees; reducing buyback price; setting fees to be paid to the Alcohol Beverage Control Commissioner on sales of liquor to customers from a distillery or a mini-distillery for off-premises consumption; providing that no liquor sold by a distillery or mini-distillery should be priced less than the price set by the commissioner; setting a maximum for market zone payments; and raising the production level allowable for mini-distilleries.”

On motion of Delegate Cowles, the House of Delegates concurred in the Senate title amendment.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 552), and there were--yeas 92, nays 8, absent and not voting none, with the nays being as follows:

Nays: Mr. Speaker, Mr. Armstead, Azinger, Border, Fast, Householder, Moye, Overington and Sobonya.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 574) passed.

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

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, to take effect July 1, 2015, a bill of the House of Delegates as follows:

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect July 1, 2015, of

S. B. 583, Increasing tax rate on providers of certain nursing facility services.

The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2015, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2005, Relating to alternative programs for the education of teachers.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

On page nineteen, section one-a, lines ten through twelve, by striking out “Under the State Board’s supervision, county boards may offer these programs without a partner pursuant to subsection (d), section one-b of this article.”

On page twenty, section one-a, following line thirty-six, by inserting a new subdivision, designated subdivision (3), to read as follows:

“(3) ‘Area of critical need and shortage’ means an opening in an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a, article four of this chapter and for which no fully-qualified applicant has been employed” and a semicolon.

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

“(a) Alternative program instruction. -- An alternative program for classroom teachers shall provide, at a minimum, either six credit hours or six staff development hours of instruction in one or more of the following subjects” and a colon.

On page forty-six, section one-f, lines twenty-four through twenty-six, by striking out all of subdivision (7), and inserting in lieu thereof a new subdivision, designated subdivision (7), to read as follows:

“(7) Receive from a county superintendent a formal offer of employment in an area of critical need and shortage and by a school or school district that is a member of an approved educational provider” and a semicolon.

On page forty-six, section one-f, line twenty-nine, after the word “employed”, by changing the semicolon to a period and inserting “For the purposes of this section, ‘reasonably indicate’ means an academic major or occupational area the same as or similar to the subject matter to which the alternative program teacher is being hired to teach” and a semicolon.

On page forty-seven, section one-f, line fifty-five, by striking out the word “including” and inserting in lieu thereof the word “except”.

On page forty-seven, section one-f, line fifty-five, after the word “seniority” and the period, by adding “In no event will an alternative program teacher displace a professional educator as defined in section one, article one of this chapter.”

On page fifty-eight, section two-a, lines one hundred twenty-eight through one hundred twenty-nine, by striking out all of subparagraph (B).

On the passage of the bill, the yeas and nays were taken (Roll No. 553), and there were--yeas 63, nays 37, absent and not voting none, with the nays being as follows:

Nays: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Frich, Gearheart, Guthrie, Hamilton, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Rodighiero, Rowe, P. Smith, Sponaugle, Trecost, H. White and Williams.

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 H. B. 2005) passed.

On this question, the yeas and nays were taken (Roll No. 554), and there were--yeas 61, nays 39, absent and not voting none, with the nays being as follows:

Nays: Bates, Boggs, Byrd, Campbell, Caputo, Deem, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Frich, Gearheart, Guthrie, Hamilton, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, P. Smith, Sponaugle, Trecost, H. White and Williams.

So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion rejected.

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

The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

H. B. 2140, Building governance and leadership capacity of county board during period of state intervention.

The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

H. B. 2492, Repealing the requirement that an entity charging admission to view certain closed circuit telecast or subscription television events needs to obtain a permit from the State Athletic Commission.

The Clerk of the Senate, announced concurrence in the House of Delegates amendment to the Senate amendment, and the passage, as amended, of

Com. Sub. for H. B. 2527, Creating a Task Force on Prevention of Sexual Abuse of Children; “Erin Merryn’s Law”.

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

H. B. 2627, Providing protection against property crimes committed against coal mines, utilities and other industrial facilities.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

§61-3-29. Damage or destruction of railroad or public utility company property, or real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, coal, water, wastewater, stormwater, telecommunications or cable service; penalties; restitution.

(a) Any person who knowingly and willfully damages or destroys any commercial or industrial real or personal property owned by a railroad company, or public utility company, solid waste facility or collection equipment as defined in section two, article fifteen, chapter twenty-two of this code or any real or personal property used for producing, generating, transmitting, distributing, treating, storing or collecting electricity, natural gas, oil, coal, timber, timber processing, water, wastewater, stormwater, telecommunications or cable service, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,000, or confined in jail not more than one year, or both. fined and confined.

(b) Any person who knowingly and willfully: (1) Damages damages or destroys any commercial or industrial real or personal property owned by a railroad company, or public utility company, solid waste facility or collection equipment as defined in section two, article fifteen, chapter twenty-two of this code or any real or personal property used for producing, generating, transmitting, distributing, treating, storing, or collecting electricity, natural gas, oil, coal, timber, timber processing, water, wastewater, stormwater, telecommunications or cable service; and (2) thereby creates a substantial risk of serious bodily injury to another or results in the interruption of service to the public is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or confined in a state correctional facility not less than one nor more than three years, or both. fined and imprisoned.

(c) Any person who knowingly and willfully: (1) Damages damages or destroys any commercial or industrial real or personal property owned by a railroad company, or public utility company, solid waste facility or collection equipment as defined in section two, article fifteen, chapter twenty-two of this code, or any real or personal property used for producing, generating, transmitting, distributing, treating, storing or collecting electricity, natural gas, oil, coal, timber, timber processing, water, wastewater, stormwater, telecommunications or cable service; and (2) causes serious bodily injury to another is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $50,000, or confined in a state correctional facility not less than one nor more than five years, or both. fined and imprisoned.

(d) Any person who knowingly and willfully damages or destroys any commercial or industrial real or personal property owned by a railroad company, public utility company, solid waste facility or collection equipment as defined in section two, article fifteen, chapter twenty-two of this code or any real or personal property used for producing, generating, transmitting, distributing, treating, storing or collecting electricity, natural gas, oil, coal, timber, timber processing, water, wastewater, stormwater, telecommunications or cable service; and thereby hinders, impairs or disrupts, directly or indirectly the normal operation of any equipment, device, system or service put in place, in whole or in part, to protect, promote or facilitate the health or safety of any person is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $10,000.

(e) Any person convicted of subsection (a), (b), (c) or (d) of this section shall be subject to the provisions of article eleven-a of this chapter.

(d) (f) Nothing in this section may be construed to limit or restrict limits or restricts the ability of an entity referred to in subsection (a), (b), or (c) or (d) of this section or a property owner or other person who has been damaged or injured as a result of a violation of this section from seeking recovery for damages arising from violation of this section.”

H. B. 2627 - “A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding waste management facilities, storage facilities and timber operations to the protected parties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; providing criminal penalties; and clarifying persons convicted of section are subject to restitution.”

On the passage of the bill, the yeas and nays were taken (Roll No. 555), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2627) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

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

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §11-12-86 of the Code of West Virginia, 1931, as amended, be repealed; that §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code be repealed; that said code be amended by adding thereto a new section, designated §9A-1-11b; that §11-17-3 of said code be amended and reenacted; that §16-2-11 of said code be amended and reenacted; that said code be amended by adding thereto a new section designated §16-2-13a; that said code be amended by adding a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and that §61-3E-1 and §61-3E-11 of said code be amended and reenacted, all to read as follows:

There is hereby created in the State Treasury a special revenue fund to be designated and known as the West Virginia Veterans Program Fund, which shall consist of revenues derived from the assessment of the fireworks safety fee, as provided in section seven, article three-e, chapter twenty-nine of this code, to be administered by the Department of Veterans’ Affairs and used for funding veterans’ programs. Funds may also be derived from any gift, grant, bequest, endowed fund or donation which may be received by any veterans’ program created by statute or from any governmental entity or unit or any person, firm, foundation or corporation.

Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2016, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature. Any balance remaining in the fund at the end of any fiscal year shall be reappropriated to the next fiscal year.

(a) Tax on cigarettes. -- For the purpose of providing revenue for the General Revenue Fund of the state, an excise tax is hereby levied and imposed on sales of cigarettes at the rate of 55¢ on each twenty cigarettes or in like ratio on any part thereof. Only one sale of the same article shall be used in computing the amount of tax due under this subsection: Provided, That effective July 1, 2015, the excise tax imposed by this subsection shall be at the rate of $1.05 on each twenty cigarettes or in like ratio on any part thereof: Provided, however, That effective July 1, 2016, the excise tax imposed by this subsection shall be at the rate of $1.55 on each twenty cigarettes or in like ratio on any part thereof: Provided further, That during the period of July 1, 2015 to June 30, 2016, notwithstanding any provision of this code to the contrary, the sum of $20 million collected shall be dedicated to and paid into the West Virginia Veterans Program Fund created by the provisions of section eleven-b, article one, chapter nine of this code: And provided further, That during the period from July 1, 2016 to June 30, 2017, notwithstanding any provision of this code to the contrary, the sum of $20 million collected shall be dedicated to and paid into the Consolidated Medical Services Fund, Continuum of Care, for the exclusive purposes of funding controlled substance abuse treatment and facilities; And provided further, That beginning July 1, 2015, and annually thereafter, the sum of $2 million dollars collected shall be dedicated to and paid into the Fire Protection Fund created in section thirty-three, article three, chapter thirty-three of this code to be distributed annually in equal amounts to all volunteer fire departments to be used in conformity with the provisions of said section.

(b) Tax on tobacco products other than cigarettes. - Effective January 1, 2002, an excise tax is hereby levied and imposed on the sale or use of, other than cigarettes, tobacco products at a rate equal to seven percent of the wholesale price of each article or item of tobacco product other than cigarettes sold by the wholesaler or subjobber dealer, whether or not sold at wholesale, or if not sold, then at the same rate upon the use by the wholesaler or dealer. Only one sale of the same article shall be used in computing the amount of tax due under this subsection. Revenues received from this tax shall be deposited into the General Revenue Fund.

(a) Each local board of health created, established and operated pursuant to the provisions of this article shall:

(1) Provide the following basic public health services and programs in accordance with state public health performance-based standards:

(i) Community health promotion including assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community’s priority health needs, mobilization of a community around identified priorities and monitoring the progress of community health education services;

(ii) Environmental health protection including the promoting and maintaining of clean and safe air, water, food and facilities and the administering of public health laws as specified by the commissioner as to general sanitation, the sanitation of public drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions, and recreation; and

(iii) Communicable or reportable disease prevention and control including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases;

(2) Appoint a local health officer to serve at the will and pleasure of the local board of health with approval of the commissioner;

(3) Submit a general plan of operation to the commissioner for approval, if it receives any state or federal money for health purposes. This program plan shall be submitted annually and comply with provisions of the local board of health standards administrative rule;

(4) Provide equipment and facilities for the local health department that are in compliance with federal and state law;

(5) Permit the commissioner to act by and through it, as needed. The commissioner may enforce all public health laws of this state, the rules and orders of the secretary, any county commission orders or municipal ordinances of the board’s service area relating to public health, and the rules and orders of the local board within the service area of a local board. The commissioner may enforce these laws, rules and orders when, in the opinion of the commissioner, a public health emergency exists or when the local board fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of a communicable or reportable disease dangerous to the public health. The expenses incurred shall be charged against the counties or municipalities concerned;

(6) Deposit all moneys and collected fees into an account designated for local board of health purposes. The moneys for a municipal board of health shall be deposited with the municipal treasury in the service area. The moneys for a county board of health shall be deposited with the county treasury in the service area. The moneys for a combined local board of health shall be deposited in an account as designated in the plan of combination: Provided, That nothing contained in this subsection is intended to conflict with the provisions of article one, chapter sixteen of this code;

(7) Submit vouchers or other instruments approved by the board and signed by the local health officer or designated representative to the county or municipal treasurer for payment of necessary and reasonable expenditures from the county or municipal public health funds: Provided, That a combined local board of health shall draw upon its public health funds account in the manner designated in the plan of combination;

(8) Participate in audits, be in compliance with tax procedures required by the state and annually develop a budget for the next fiscal year;

(9) Perform public health duties assigned by order of a county commission or by municipal ordinance consistent with state public health laws; and

(10) Enforce the public health laws of this state and any other laws of this state applicable to the local board.

(b) Each local board of health created, established and operated pursuant to the provisions of this article may:

(1) Provide primary care services, clinical and categorical programs, and enhanced public health services;

(2) Employ or contract with any technical, administrative, clerical or other persons, to serve as needed and at the will and pleasure of the local board of health. Staff and any contractors providing services to the board shall comply with applicable West Virginia certification and licensure requirements. Eligible staff employed by the board shall be covered by the rules of the Division of Personnel under section six, article ten, chapter twenty-nine of this code. However, any local board of health may, in the alternative and with the consent and approval of the appointing authority, establish and adopt a merit system for its eligible employees. The merit system may be similar to the state merit system and may be established by the local board by its order, subject to the approval of the appointing authority, adopting and making applicable to the local health department all, or any portion of any order, rule, standard, or compensation rate in effect in the state merit system as may be desired and as is properly applicable;

(3) Adopt and promulgate and from time to time amend rules consistent with state public health laws and the rules of the West Virginia state Department of Health and Human Resources, that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation and spread of disease. All rules shall be filed with the clerk of the county commission or the clerk or the recorder of the municipality or both and shall be kept by the clerk or recording officer in a separate book as public records;

(4) Accept, receive and receipt for money or property from any federal, state or local governmental agency, from any other public source or from any private source, to be used for public health purposes or for the establishment or construction of public health facilities;

(5) Assess, charge and collect fees for permits and licenses for the provision of public health services: Provided, That permits and licenses required for agricultural activities may not be assessed, charged or collected: Provided, however, That a local board of health may assess, charge and collect all of the expenses of inspection of the physical plant and facilities of any distributor, producer or pasteurizer of milk whose milk distribution, production or pasteurization facilities are located outside this state but who sells or distributes in the state, or transports, causes or permits to be transported into this state, milk or milk products for resale, use or consumption in the state and in the service area of the local board of health. A local board of health may not assess, charge and collect the expenses of inspection if the physical plant and facilities are regularly inspected by another agency of this state or its governmental subdivisions or by an agency of another state or its governmental subdivisions certified as an approved inspection agency by the commissioner. No more than one local board of health may act as the regular inspection agency of the physical plant and facilities; when two or more include an inspection of the physical plant and facilities in a regular schedule, the commissioner shall designate one as the regular inspection agency;

(6) Assess, charge and collect fees for services provided by the local health department: Provided, That fees for services shall be submitted to and approved by the commissioner;

(7) Contract for payment with any municipality, county or Board of Education for the provision of local health services or for the use of public health facilities. Any contract shall be in writing and permit provision of services or use of facilities for a period not to exceed one fiscal year. The written contract may include provisions for annual renewal by agreement of the parties; and

(8) Retain and make available child safety car seats, collect rental and security deposit fees for the expenses of retaining and making available child safety car seats, and conduct public education activities concerning the use and preventing the misuse of child safety car seats: Provided, That this subsection is not intended to conflict with the provisions of section forty-six, article fifteen, chapter seventeen-c of this code: Provided, however, That any local board of health offering a child safety car seat program or employee or agent of a local board of health is immune from civil or criminal liability in any action relating to the improper use, malfunction or inadequate maintenance of the child safety car seat and in any action relating to the improper placement, maintenance or securing of a child in a child safety car seat.

(9) In consultation with the State Fire Marshal, develop for distribution to the general public a consumer fireworks safety program in the light of the changes made to the types of fireworks available for sale in this state enacted during the 2015 regular session of the legislature.

(c) The local boards of health are charged with protecting the health and safety, as well as promoting the interests of the citizens of West Virginia. All state funds appropriated by the Legislature for the benefit of local boards of health shall be used for provision of basic public health services.

§16-2-13a. Requiring certain facilities to provide for smoking and nonsmoking sections.

(a) Notwithstanding any provision of law to the contrary, any operational veteran’s organization exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code or any facility holding a valid racetrack video lottery license granted by the West Virginia Lottery Commission pursuant to article twenty-two-a, chapter twenty-nine of the code may allow smoking in such facility, but shall provide a smoking and nonsmoking section if smoking is allowed: Provided, That if the facility allows smoking then each entrance to the facility shall have posted a sign of no less than eighteen inches by twenty-four inches, which says ‘DANGER: THIS PREMISES CONTAINS TOBACCO SMOKE’.

(b) A facility holding a valid racetrack video lottery license granted by th West Virginia Lottery Commission pursuant to article twenty-two-a, chapter twenty-nine of this code must have;

(1) A permanent ventilation system that ensures a minimum air exchange of six times per hour throughout the indoor space and a minimum air exchange of twelve times per hour in the indoor space that serves food, unless the food space is designated nonsmoking;

(3) At least ten percent of the indoor space of the area designated a nonsmoking area.

It is unlawful for a person to manufacture, wholesale, distribute, import, sell or store for the purpose of resale, consumer fireworks, sparkling devices, novelties or toy caps without a license, registration, certificate or permit from the State Fire Marshal.

(1) ‘Agricultural and wildlife fireworks’ means fireworks devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or the Department of Natural Resources of this state;

(2) ‘APA Standard 87-1’ means the APA Standard 87-1 published by the American Pyrotechnics Association, as amended, and incorporated by reference into Title 49 of the Code of Federal Regulations;

(3) ‘Articles pyrotechnic’ means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 C.F.R. §172.101 (2014);

(4) ‘Consumer fireworks’ means small fireworks devices that are designed to produce visible effects by combustion and that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. Parts 1500 and 1507 (2014), and that are listed in APA Standard 87-1. Consumer fireworks do not include sparkling devices, novelties and toy caps;

(5) ‘Consumer fireworks certificate’ means a certificate issued under section five of this article;

(6) ‘Display fireworks’ means large fireworks to be used solely by professional pyrotechnicians licensed by the State Fire Marshal and designed primarily to produce visible or audible effects by combustion, deflagration or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334, or UN0335 under 49 C.F.R. §172.101 (2014);

(7) ‘Distributor’ means a person who sells fireworks to wholesalers and retailers for resale;

(8) ‘Division 1.3 explosive’ means that term as defined in 49 C.F.R. §173.50 (2014);

(9) ‘Division 1.4 explosive’ means that term as defined in 49 C.F.R. §173.50 (2014);

(10) ‘Explosive composition’ means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited;

(12) ‘Firework’ or ‘fireworks’ means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. Fireworks include consumer fireworks, display fireworks and special effects. Fireworks does not include sparkling devices, novelties and toy caps and model rockets;

(13) ‘Interstate wholesaler’ means a person who is engaged in interstate commerce selling fireworks;

(14) ‘Model rocket’ means that term as defined in National Fire Protection Association Standard 1122, ‘Code for Model Rocketry’;

(15) ‘New explosive’ means that term as defined in 49 C.F.R. §173.56 (2014);

(16) ‘NFPA 1123’ means that term as defined in National Fire Protection Association Standard 1123, ‘Code for Fireworks Display.’

(17) ‘NFPA 1124' means that term as defined in National Fire Protection Association Standard 1124, ‘Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles,’ 2006 Edition.

(18) ‘NFPA 1126' means that term as defined in National Fire Protection Association Standard 1126, ‘Standard for the Use of Pyrotechnics Before a Proximate Audience.’

(19) ‘Novelties’ means that term as defined under APA standard 87-1, section 3.2; but shall not include toy pistols, toy caps, toy canes, toy guns or other similar devices;

(20) ‘Person’ means an individual, or the responsible person for an association, an organization, a partnership, a limited partnership, a limited liability company, a corporation, or any other group or combination acting as a unit;

(21) ‘Pyrotechnic composition’ means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. A pyrotechnic composition will not explode upon ignition unless severely confined;

(22) ‘Retailer’ means a person who purchases consumer fireworks for resale to consumers;

(23) ‘Sparkling devices’ means ‘ground or handheld sparkling devices’ as that phrase is defined under APA 87-1, sections 3.1.1 and 3.5;

(24) ‘Special effects’ means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment;

(27) ‘Wholesaler’ means any person who sells consumer fireworks to a retailer or any other person for resale and any person who sells articles of pyrotechnics, display fireworks, and special effects to a person licensed to possess and use those devices.

A person may produce or transport a firework that is a new explosive and that is either a division 1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. §173.56(2)(j) (2014).

(a) A person may not sell sparkling devices, novelties or toy caps without being registered with the State Fire Marshal.

(2) Provide a copy of his or her current business registration certificate or his or her certificate to sell sparklers and novelties issued by the State Tax Commission;

(4) Provide other information as the Fire Marshal may require by legislative rule.

(e) A person shall post the registration in a conspicuous place at the location of the business.

(g) The fee required in subdivision (3), subsection (b) of this section shall be $100.00 per retail location.

(h) The fee assessed by this section shall be retained by the Fire Marshal and expended to offset costs incurred in performing the duties imposed by the provisions of this code.

(i) The requirements of NFPA 1124 do not apply to a person only selling sparkling devices, novelties or toy caps.

(a) A retailer may not sell consumer fireworks unless the retailer is certified under this article.

(4) Provide proof that the retailer maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million dollars to cover losses, damages or injuries that might result of the license selling consumer fireworks.

(5) Provide other information as the Fire Marshal may require by legislative rule.

(e) A retailer shall post the certificate in a conspicuous place at the location of the business.

(g) A certificate holder may also sell sparkling device and novelties at the same location without additionally obtaining a sparkling devices and novelties registration.

(h) A retailer who sells consumer fireworks shall comply with the regulations provided in NFPA 1124. The State Fire Marshal may, by legislative rule, add to the regulations established in NFPA 1124.

(i) The fees required in subdivision (3), subsection (b) of this section shall be assessed as follows:

(j) The fees assessed by this section shall be retained by the Fire Marshall and expended to offset that costs incurred by the duties imposed by the provisions of this code.

(1) In temporary facilities located on parking lots of operational veterans organizations exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code;

(2) In temporary facilities located on parking lots of licensed retail stores which offer general merchandise for sale and said stores are occupied;

(3) In temporary facilities located on parking lots of facilities holding a valid racetrack video lottery license granted by the West Virginia Lottery Commission pursuant to article twenty-two-A, chapter twenty-nine of this code; and

(4) In permanent structures occupied and operated as licensed retail stores or as a consumer fireworks retail sales facility: Provided, That facilities referenced in this subdivision meet the requirements for such structures set forth in NFPA 1124.

(a) A municipality, county, fair association, amusement park, and other organizations shall have a permit to present a supervised display of fireworks from the Fire Marshall.

(b) To receive a permit, a municipality, fair association, amusement park, and other organizations shall:

(3) Furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the person or an employee thereof, in the amount, character and form as the Fire Marshal determines to be necessary for the protection of the public; and

(4) Provide any other information as the Fire Marshal may require by legislative rule.

(c) The Fire Marshal may require approval of the local police and fire authorities of the community where the display is proposed to be held.

(e) The display shall be handled by a competent operator licensed or certified as to competency by the Fire Marshal and shall be of such composition, character, and so located, discharged or fired so as to be safe in the opinion of the chief of the fire department serving the community or area where such display is to be held.

(f) The permittee shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this article and the rules of the Fire Marshal except where the licensee is an insured government entity.

§29-3E-7. Fireworks safety fee; administration, tax crimes, collections, remittances, deposits, distributions, rules.

(a) In addition to the sales tax, a fireworks safety fee of ten percent of all sales is levied on retail sales of consumer fireworks in this state. The fee shall be distributed pursuant to the provisions of this section. The fee computation under this section shall be carried to the third decimal place, and the fee rounded up to the next whole cent whenever the third decimal place is greater than four, and rounded down to the lower whole cent whenever the third decimal place is four or less.

(b) A person who purchases consumer fireworks in a retail transaction shall pay to the retailer the amount of the fee levied by this section, which fee is added to and constitutes a part of the sale price, and is collectible by the retailer who shall account to the state for all fees paid by a purchaser. If the retailer fails to collect the fee, or fails to account to the state for the fees paid by a purchaser, then the retailer is personally liable for the payment of the fee to the state.

(c) A retailer shall remit to the State Tax Commissioner no later than twenty days after the end of each preceding month all monies collected for such preceding month, pursuant to the requirements of this section, and shall report such collections on forms and in the manner prescribed by the State Tax Commissioner.

(d) All monies so remitted, net of refunds and adjustments, shall be paid by the Tax Commissioner into the State General Fund, and the amount thereof shall be distributed and paid quarterly, by the Treasurer, into the funds and to the distributees specified in this subsection.

One hundred percent of fireworks safety fee moneys, net of refunds and adjustments shall be deposited in the West Virginia Veterans Program Fund, established in section eleven-b, article one, chapter nine-a of this code, for expenditure pursuant to the provisions of that section.

(e) Each and every provision of the West Virginia Tax Procedure and Administration Act set forth in article ten, chapter eleven of this code, applies to the fees imposed pursuant to this article, with like effect as if that act were applicable only to the fees imposed by this article and were set forth in extenso in this article.

(f) Each and every provision of the West Virginia Tax Crimes and Penalties Act set forth in article nine, chapter eleven of this code applies to the fees imposed pursuant to this article, with like effect as if that act were applicable only to the fees imposed by this article and were set forth in extenso in this article.

(g) The State Tax Commissioner may make all necessary rules and regulations for the fees to which this article applies as provided in the State Administrative Procedures Act in chapter twenty-nine-a of this code.

(h) Notwithstanding any other provision of this code to the contrary, the State Tax Commissioner may deduct and retain one percent from each payment into the General Fund, as provided in this section, for the benefit of his or her office for general tax administration, from which expenditures are permitted from collections without appropriation by the Legislature.

(a) The Fire Marshal may propose emergency rules and shall promulgate legislative rules for promulgation, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:

(2) Adopting by reference the most recent edition of NFPA 1123, code for fireworks display;

(3) Adopting by reference the most recent edition of NFPA 1124, code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles;

(4) Adopting by reference the most recent edition of NFPA 1126, standard for the use of pyrotechnics before a proximate audience, as promulgated by the State Fire Commission;

(5) Procedures for the issuance and renewal of a registration, certificate and permit;

(8) Establishing additional criteria for the granting of a registration, certificate, or permit under this article; and

(1) The use of fireworks by railroads or other transportation agencies for signal purposes or illumination;

(3) The sale or use of blank cartridges for a theatrical performance, use by military organizations or signal or ceremonial purposes in athletics or sports; or

(4) The possession, sale, or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who have a permit to possess, store, and sell explosives from the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice and the Fire Marshal.

This article does not affect the right of the governing body of a municipality to prohibit the use of consumer fireworks within its boundaries.

(a) A person may not intentionally ignite, discharge or use consumer fireworks or sparkling devices on public property or private property without the express permission of the owner to do so.

(b) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building.

(c) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people.

(d) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices while the person:

(4) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(5) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more by weight.

(e) A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer fireworks: Provided, That a person sixteen years of age or older may purchase, offer for sale and possess sparkling devices and novelties.

Any person who violates this article or any rules promulgated pursuant to section eight of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500.

(a) The Fire Marshal shall seize, take, remove and dispose of at public auction or destroy, or cause to be seized, taken or removed and disposed of at public auction, or destroyed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this article or legislative rule.

(b) The West Virginia State Police, sheriffs, municipal police officers and other law-enforcement officers shall assist in the enforcement of this article.

(a) ‘Destructive device’ means any bomb, grenade, mine, rocket, missile, pipebomb or similar device containing an explosive, incendiary, explosive gas or expanding gas which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts, either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled.

‘Destructive device’ does not include a firearm as such is defined in section two, article seven of this chapter, sparkling devices, novelties or model rockets and their components as defined in this section twenty-three, article three, chapter twenty-nine of this code or fireworks as defined in section two, article three-e, chapter twenty-nine of this code, or high power rockets and their components, as defined in this section.

(b) ‘Explosive material’ means any chemical compound, mechanical mixture or device that is commonly used or can be used for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packaging that an ignition by fire, by friction, by concussion, by percussion, by detonator or by any part of the compound or mixture may cause a sudden generation of highly heated gases. These materials include, but are not limited to, powders for blasting, high or low explosives, blasting materials, blasting agents, blasting emulsions, blasting fuses other than electric circuit breakers, detonators, blasting caps and other detonating agents and black or smokeless powders not manufactured or used for lawful sporting purposes. or fireworks defined in section twenty-three, article three, chapter twenty-nine of this code which are not used in violation of this article. Also included are all explosive materials listed annually by the office of the State Fire Marshal and published in the State Register, said publication being hereby mandated.

(c) ‘High power rocket’ means the term as defined in National Fire Protection Association Standard 1127, ‘Code for High Power Rocketry’.

(c) (d) ‘Hoax bomb’ means any device or object that by its design, construction, content or characteristics appears to be, or is represented to be or to contain a destructive device, explosive material or incendiary device as defined in this section, but is, in fact, an inoperative facsimile or imitation of such a destructive device, explosive material or incendiary device.

(d) (e) ‘Incendiary device’ means a container containing gasoline, kerosene, fuel oil, or derivative thereof, or other flammable or combustible material, having a wick or other substance or device which, if set or ignited, is capable of igniting such gasoline, kerosene, fuel oil, or derivative thereof, or other flammable or combustible material: Provided, That no similar device commercially manufactured and used solely for the purpose of illumination shall be deemed to be an incendiary device.

(e) (f) ‘Legal authority’ means that right as expressly stated by statute or law.

(g) ‘Model rocket’ means the term as defined in National Fire Protection Association Standard 1122, ‘Code for Model Rocketry’.

(f) (h) ‘Person’ shall mean means an individual, corporation, company, association, firm, partnership, society or joint stock company.

(g) (i) ‘Storage magazine’ is defined to mean any building or structure, other than an explosives manufacturing building, approved by the legal authority for the storage of explosive materials.

(a) Unless specifically prohibited by any provision of this code or the laws of the United States, nothing in this article shall prohibit prohibits the authorized manufacture, sale, transportation, distribution, use or possession of any explosive material by any person holding a permit for such issued by the office of the State Fire Marshal. Any person performing a lawful activity pursuant to or regulated by the terms of a permit issued by the Division of Environmental Protection, or any office thereof, shall be is exempt from the provisions of this article.

(b) Unless specifically prohibited by any other provision of this code or the laws of the United States, nothing in this section shall prohibit prohibits the authorized manufacture, transportation, distribution, use or possession of any explosive, destructive device or incendiary device by a member of the Armed Forces or law-enforcement officers whenever such persons are acting lawfully and in the line of duty; nor shall it prohibit the manufacture, transportation, distribution, use or possession of any explosive material, destructive device or incendiary device to be used solely for lawful scientific research or lawful educational purposes. Any person engaged in otherwise lawful blasting activities failing to obtain a permit or in possession of an expired permit issued by the office of the State Fire Marshal shall not be construed to be is not in violation of the article.

(c) Nothing contained in this article applies to sparkling devices or novelties or to the sale, purchase, possession, use, transportation or storage of fireworks as regulated in article three-e, chapter twenty-nine of this code.”

H. B. 2646 - “A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend and reenact §11-17-3 of said code; to amend and reenact §16-2-11 of said code; to amend said code by adding a new section, designated §16-2-13a; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to raising funds for veterans’ facilities generally, increasing the excise tax on cigarettes by one dollar over a two year period beginning July 1, 2015; dedicating twenty million dollars from cigarette excise taxes collected to the Veterans Program Fund for building a new veteran’s facility; creating the West Virginia Veterans’ Program Fund in the office of the State Treasurer; dedicating twenty million dollars from cigarette excise taxes collected from July 1, 2016 through June 30, 2017, to the Consolidated Medical Services Fund, Continuum of Care exclusively for purposes of treating controlled substance abuse and operating drug treatment facilities; dedicating two million dollars annually, beginning July 1, 2015 to the Fire Protection Fund for distribution to Volunteer Fire Departments; legalizing and regulating the sale and use of fireworks; eliminating the prohibition on the sale, possession and ignition of fireworks; eliminating the requirement that the State Fire Marshal seize and destroy fireworks and combustibles illegally held; establishing age limitation for purchase and sale of consumer fireworks; eliminating the prohibition on nonresidents without in-state legal counsel to obtain a permit for conducting of a pyrotechnic display; increasing the sparkler and novelty registration fee; eliminating certain defined terms; eliminating exemptions; defining terms relating to consumer fireworks; creating standards for the production and transport of fireworks; establishing registration requirements for sales of sparklers, novelties and toy caps; requiring local boards of health to assist Fire Marshal’s office in developing a fireworks safety program; clarifying that certain veterans’ organizations and racetrack video lottery facilities may only allow smoking of tobacco products if non-smoking areas are provided; setting ventilation age and space requirements for racetrack video lottery facilities which allow smoking; creating a certification requirement for the sale of consumer fireworks; limiting sale of consumer fireworks to certain facilities including parking lots of certain veterans’ organizations, licensed racetrack video facilities, retail store parking lots and freestanding stores; establishing permit requirements for public fireworks displays; specifying imposition of a fireworks safety fee of ten percent of sales for the retail sale of consumer fireworks dedicated to the West Virginia Veterans’ Program Fund; specifying collection and deposit of monies from fees, specifying one percent retainage by Tax Commissioner for administration, designating the allocation and distribution of the fee; creating the West Virginia Veterans Program Fund to be administered by the Department of Veterans’ Assistance; regulating public fireworks displays; providing for rules; authorizing seizures by the State Fire Marshal; and providing exemptions; and providing for criminal penalties.”

On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2793, Relating to exemptions from mandatory school attendance.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

On page six, section one, after line seventy-five, by inserting a new paragraph, to read as follows:

On page six, section nine, after line seventy-five, by striking out all of paragraph (B), and inserting in lieu thereof a new paragraph (B), to read as follows:

“(B) With the notice required in paragraph (A) of this subdivision, the person or persons providing home instruction shall submit satisfactory evidence of a high school diploma from a public school, private school or homeschool or the equivalent.”

On page six, section one, line eighty-three, after the word “year”, by inserting the words “and submit the results to the county superintendent”.

On page nine, section one, line one hundred twenty-nine, by striking out “(B)” and inserting in lieu thereof “(C)”.

On page nine, section one, line one hundred forty-one, by striking “(B)” and inserting in lieu thereof “(C)”.

Com. Sub. for H. B. 2793 - “A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to exemptions from mandatory school attendance; restoring historical exemption nomenclature; clarifying that parents and guardians of exempt children may not be prosecuted under §18-8-2; clarifying that exempt children are not status offenders; requiring leave of court and probable cause before petition may be filed to deny home schooling; providing for one-time notice of intent to home school and revising notice contents; removing waiting period; providing for notice of termination; providing for notice when children move between counties; modifying provision pertaining to satisfactory evidence of home instructor’s diploma; removing requirement to outline a plan of instruction; revising requirements and standards for annual assessments and acceptable progress; removing requirement that parents pay costs of assessments not conducted in public schools; requiring parents to retain copies of assessments; and requiring evaluations for learning disabilities when children fail to make acceptable progress.”

On the passage of the bill, the yeas and nays were taken (Roll No. 556), and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:

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 H. B. 2793) passed.

On this question, the yeas and nays were taken (Roll No. 557), and there were--yeas 100, nays none, absent and not voting none.

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. 2793) takes effect from its passage.

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

The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

Com. Sub. for H. B. 2811, Deleting obsolete provisions regarding the Physicians’ Mutual Insurance Company.

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2867, Requiring recommendations for higher education course credit transfer.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

On page two, section two, line twelve, after the word “state”, and the period, by inserting “When developing policy regarding transfer affecting private institutions, the commission and council shall consult with at least two representatives from the private higher education institutions.”

On page two, section two, line thirteen, after the word “recommendations”, by inserting “on public higher education institutions”.

On page three, section two, line fifteen, after “2015” and the period, by inserting “The commission and council shall report the recommendations on private higher education institutions to the Legislative Oversight Commission on Education Accountability by December 1, 2017.”

On the passage of the bill, the yeas and nays were taken (Roll No. 558), and there were--yeas 100, nays none, absent and not voting none.

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 H. B. 2867) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2016, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.

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

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the provisions of Eng. Com. Sub. for Senate Bill No. 233, as follows:

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 2016.

‘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 2016’ shall mean the period from July 1, 2015, through June 30, 2016.

‘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 W.Va. Code §12-2-2 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 2, Chapter 11B of the Code.

‘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. ‘Personal services’ shall include ‘annual increment’ for ‘eligible employees’ and shall be disbursed only in accordance with Article 5, Chapter 5 of the Code.

Unless otherwise specified, appropriations for ‘personal services’ shall include salaries of heads of spending units.

‘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 paid by each spending unit from its ‘unclassified’ appropriation, or its ‘current expenses’ appropriation or other appropriate appropriation. Each spending unit is hereby authorized and required to make such payments in accordance with the provisions of Article 2, Chapter 11B of the Code.

Each spending unit shall be responsible for all contributions, payments or other costs related to coverage and claims of its employees for unemployment compensation and workers compensation. Such expenditures shall be considered an employee benefit.

‘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 Premium’ be insufficient to cover such cost, the remainder of such costs shall be paid by each spending unit from its ‘unclassified’ appropriation, its ‘current expenses’ appropriation or any other appropriate appropriation to the Board of Risk and Insurance Management. Each spending unit is hereby authorized and required to make such payments. If there is no appropriation for ‘BRIM Premium’ such costs shall be paid by each spending unit from its ‘current expenses’ appropriation, ‘unclassified’ appropriation or other appropriate appropriation.

West Virginia Council for Community and Technical College Education and Higher Education Policy Commission entities 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.

‘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 W.Va. Code §12-3-12.

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 may be transferred to a ‘personal services and employee benefits’ appropriation unless the source funds are also wholly from a ‘personal services and employee benefits’ line, or unless the source funds are from another appropriation that has exclusively funded employment expenses for at least twelve consecutive months prior to the time of transfer and the position(s) supported by the transferred funds are also permanently transferred to the receiving agency or board within the department: 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 5F of the Code shall have the authority to transfer funds appropriated to ‘personal services and employee benefits’, ‘current expenses’, ‘repairs and alterations’, ‘equipment’, ‘other assets’, ‘land’, and ‘buildings’ to other appropriations within the same account and no funds from other appropriations shall be transferred to the ‘personal services and employee benefits’ or the ‘unclassified’ appropriation: And provided further, That no authority exists hereunder to transfer funds into appropriations 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 3, Chapter 12 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.

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 2, Chapter 11B the following amounts, as itemized, for expenditure during the fiscal year 2016.

Compensation of Members (R). . . . . . . . . . . . . . . . . . . . . . . . . 00300 $ 1,010,000

and Employees (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00500 3,233,620

Employee Benefits (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 01000 777,712

Current Expenses and Contingent Fund (R). . . . . . . . . . . . . . . 02100 276,392

Repairs and Alterations (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 50,000

Computer Supplies (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10100 20,000

Computer Systems (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10200 60,000

Printing Blue Book (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10300 125,000

Expenses of Members (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39900 370,000

BRIM Premium (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 29,482

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,952,206

The appropriations for the Senate for the fiscal year 2015 are to remain in full force and effect and are hereby reappropriated to June 30, 2016. Any balances so reappropriated may be transferred and credited to the fiscal year 2015 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 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 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 75 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.

Included in the above appropriation for Senate (fund 0165, appropriation 02100), an amount not less than $5,000 is to be used for the West Virginia Academy of Family Physicians - Doc of the Day Program.

Compensation of Members (R). . . . . . . . . . . . . . . . . . . . . . . . . 00300 $ 3,000,000

and Employees (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00500 575,000

Current Expenses and Contingent Fund (R). . . . . . . . . . . . . . . 02100 4,179,031

Expenses of Members (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39900 1,100,000

BRIM Premium (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,904,031

The appropriations for the House of Delegates for the fiscal year 2015 are to remain in full force and effect and are hereby reappropriated to June 30, 2016. Any balances so reappropriated may be transferred and credited to the fiscal year 2015 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.

Included in the above appropriation for House of Delegates (fund 0170, appropriation 02100), an amount not less than $5,000 is to be used for the West Virginia Academy of Family Physicians - Doc of the Day Program.

Joint Committee on Government and Finance (R). . . . . . . . . . . 10400 $ 6,758,015

Legislative Printing (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10500 760,000

Legislative Rule-Making Review Committee (R) . . . . . . . . . . . 10600 147,250

Legislative Computer System (R). . . . . . . . . . . . . . . . . . . . . . . 10700 902,500

BRIM Premium (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 27,692

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,595,457

The appropriations for the joint expenses for the fiscal year 2015 are to remain in full force and effect and are hereby reappropriated to June 30, 2016. Any balances reappropriated may be transferred and credited to the fiscal year 2015 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, appropriation 64200) is intended for possible general state tax reductions or the offsetting of any reductions in federal funding for state programs.

Personal Services and Employee Benefits (R). . . . . . . . . . . . . . 00100 $ 98,955,687

Children’s Protection Act (R). . . . . . . . . . . . . . . . . . . . . . . . . . 09000 2,800,000

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 29,465,276

Repairs and Alterations (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 715,000

Equipment (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 3,100,000

Judges’ Retirement System (R). . . . . . . . . . . . . . . . . . . . . . . . . 11000 2,845,000

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 100,000

Other Assets (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,200,000

BRIM Premium (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 391,532

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,572,495

The appropriations to the Supreme Court of Appeals for the fiscal years 2014 and 2015 are to remain in full force and effect and are hereby reappropriated to June 30, 2016. Any balances so reappropriated may be transferred and credited to the fiscal year 2015 accounts.

This fund 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 there from as required by law for taxes and other items.

The appropriation for the Judges’ Retirement System (fund 0180, appropriation 11000) is to be transferred to the Consolidated Public Retirement Board, in accordance with the law relating thereto, upon requisition of the Administrative Director of the Supreme Court of Appeals.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,253,530

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,145,458

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 2,000

GO HELP (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11600 0

National Governors Association. . . . . . . . . . . . . . . . . . . . . . . . 12300 60,700

Herbert Henderson Office of Minority Affairs. . . . . . . . . . . . . 13400 156,726

Southern Governors’ Association. . . . . . . . . . . . . . . . . . . . . . . 31400 40,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 151,851

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,810,265

Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, appropriation 09900), GO HELP (fund 0101, appropriation 11600), Current Expenses (fund 0101, appropriation 13000) and JOBS Fund (fund 0101, appropriation 66500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0101, appropriation 00100), is $150,000 for the Salary of the Governor.

The above appropriation for Herbert Henderson Office of Minority Affairs (fund 0101, appropriation 13400) shall be transferred to the Minority Affairs Fund (fund 1058).

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 352,216

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 214,166

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 571,382

Any unexpended balance remaining in the appropriation for Current Expenses (fund 0102, appropriation 13000) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Appropriations 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.

Any unexpended balances remaining in the appropriations for Business and Economic Development Stimulus – Surplus (fund 0105, appropriation 08400), Civil Contingent Fund – Total (fund 0105, appropriation 11400), 2012 Natural Disasters – Surplus (fund 0105, appropriation 13500), Civil Contingent Fund – Total – Surplus (fund 0105, appropriation 23800), Civil Contingent Fund – Surplus (fund 0105, appropriation 26300), Business and Economic Development Stimulus (fund 0105, appropriation 58600), Civil Contingent Fund (fund 0105, appropriation 61400) and Natural Disasters – Surplus (fund 0105, appropriation 76400) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From this fund there may be expended, at the discretion of the Governor, an amount not to exceed $1,000 as West Virginia’s contribution to the interstate oil compact commission.

The above fund 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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,160,621

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 10,622

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 10,451

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,181,694

Any unexpended balance remaining in the appropriation for Current Expenses (fund 0116, appropriation 13000) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0116, appropriation 00100), is $95,000 for the Salary of the Auditor.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,534,350

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 32,355

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 387,757

Abandoned Property Program. . . . . . . . . . . . . . . . . . . . . . . . . . 11800 157,337

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Tuition Trust Fund (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69200 73,207

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 30,809

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,225,815

Any unexpended balances remaining in the appropriations for Current Expenses (fund 0126, appropriation 13000) and Tuition Trust Fund (fund 0126, appropriation 69200) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0126, appropriation 00100), is $95,000 for the Salary of the Treasurer.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 5,832,272

Animal Identification Program. . . . . . . . . . . . . . . . . . . . . . . . . . 03900 184,484

State Farm Museum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 05500 104,500

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 67,969

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 264,826

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 30,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 23,402

Gypsy Moth Program (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11900 1,148,890

Huntington Farmers Market. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12800 43,866

Black Fly Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13700 532,444

Donated Foods Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36300 50,000

Predator Control (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47000 200,000

Logan Farmers Market. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50100 46,799

Bee Research. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69100 77,821

Charleston Farmers Market. . . . . . . . . . . . . . . . . . . . . . . . . . . . 74600 84,360

Microbiology Program (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78500 115,096

Moorefield Agriculture Center (R). . . . . . . . . . . . . . . . . . . . . . . 78600 1,077,467

Chesapeake Bay Watershed. . . . . . . . . . . . . . . . . . . . . . . . . . . . 83000 125,416

Livestock Care Standards Board. . . . . . . . . . . . . . . . . . . . . . . . 84300 15,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 120,202

Threat Preparedness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94200 82,110

WV Food Banks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96900 115,000

Senior’s Farmers’ Market Nutrition Coupon Program. . . . . . . . 97000 62,137

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,404,061

Any unexpended balances remaining in the appropriations for Unclassified – Surplus (fund 0131, appropriation 09700), Unclassified (fund 0131, appropriation 09900), Gypsy Moth Program (fund 0131, appropriation 11900), Current Expenses (fund 0131, appropriation 13000), Predator Control (fund 0131, appropriation 47000), Capital Outlay, Repairs and Equipment – Surplus (fund 0131, appropriation 67700), Capital Outlay and Maintenance (fund 0131, appropriation 75500), Microbiology Program (fund 0131, appropriation 78500), Moorefield Agriculture Center (fund 0131, appropriation 78600) and Agricultural Disaster and Mitigation Needs – Surplus (fund 0131, appropriation 85000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0131, appropriation 00100), is $95,000 for the Salary of the Commissioner.

The above appropriation for Predator Control (fund 0131, appropriation 47000) is to be made available to the United States Department of Agriculture, Wildlife Services to administer the Predator Control Program.

A portion of the Unclassified or Current Expenses 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 (fund 0131, appropriation 96900), $20,000 is for House of Hope and the remainder of the appropriation shall be allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton County.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 722,344

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 83,564

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 333,771

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

Soil Conservation Projects (R). . . . . . . . . . . . . . . . . . . . . . . . . . 12000 7,148,899

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 26,326

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,334,904

Any unexpended balances remaining in the appropriations for Unclassified (fund 0132, appropriation 09900), Soil Conservation Projects (fund 0132, appropriation 12000) and Current Expenses (fund 0132, appropriation 13000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 618,662

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 7,182

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 96,344

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 722,188

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.

Commissioner’s Awards and Programs. . . . . . . . . . . . . . . . . . . 73700 39,250

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,250

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 98,029

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 950

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 98,979

Personal Services and Employee Benefits (R). . . . . . . . . . . . . . 00100 $ 3,562,683

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 51,867

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 590,706

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 7,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 40,000

Better Government Bureau. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74000 270,742

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 90,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,664,237

Any unexpended balances remaining in the above appropriations for Personal Services and Employee Benefits (fund 0150, appropriation 00100), Employee Benefits (fund 0150, appropriation 01000), Unclassified (fund 0150, appropriation 09900), Current Expenses (fund 0150, appropriation 13000), Criminal Convictions and Habeas Corpus Appeals (fund 0150, appropriation 26000), Agency Client Revolving Liquidity Pool (fund 0150, appropriation 36200), Equipment – Surplus (fund 0150, appropriation 34100), Technology Improvements – Surplus (fund 0150, appropriation 72500) and Operating Expenses – Surplus (fund 0150, appropriation 77900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0150, appropriation 00100), is $95,000 for the Salary of the Attorney General.

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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 119,024

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 11,217

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 977,395

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 20,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,127,636

Any unexpended balances remaining in the appropriations for Unclassified (fund 0155, appropriation 09900), Current Expenses (fund 0155, appropriation 13000) and Technology Improvements – Surplus (fund 0155, appropriation 72500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0155, appropriation 00100), is $95,000 for the Salary of the Secretary of State.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,477

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 83

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 5,782

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,342

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 584,142

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 9,177

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 102,470

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 100

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,000

Financial Advisor (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30400 110,546

Lease Rental Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51600 15,000,000

Design-Build Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54000 4,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 4,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,815,535

Any unexpended balance remaining in the appropriation for Financial Advisor (fund 0186, appropriation 30400) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The appropriation for Lease Rental Payments (fund 0186, appropriation 51600) shall be disbursed as provided by W.Va. Code §31-15-6b.

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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 91,073

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 2,400

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 84,462

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,000

GAAP Project (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12500 594,456

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 2,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 4,526

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 781,417

Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, appropriation 12500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,640,822

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 20,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 878,365

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,000

Fire Service Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12600 14,000

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 500

on Capitol Grounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37100 68,000

Capital Outlay, Repairs and Equipment (R). . . . . . . . . . . . . . . . 58900 4,500,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 500

Land (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 112,481

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,240,668

Any unexpended balances remaining in the above appropriations for Buildings (fund 0230, appropriation 25800), Capital Outlay, Repairs and Equipment (fund 0230, appropriation 58900) and Land (fund 0230, appropriation 73000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Preservation and Maintenance of Statues and Monuments on Capitol Grounds (fund 0230, appropriation 37100), the Division shall consult the Division of Culture and History and Capitol Building Commission in all aspects of planning, assessment, maintenance and restoration.

The above appropriation for Capital Outlay, Repairs and Equipment (fund 0230, appropriation 58900) shall be expended for capital improvements, maintenance, repairs and equipment for state-owned buildings.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,005,608

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,444

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 24,070

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 700

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 6,167

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,039,989

The division of highways shall reimburse Fund 2031 within the Division of Purchasing for all actual expenses incurred pursuant to the provisions of W.Va. Code §17-2A-13.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 926,382

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 14,414

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 447,316

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 0

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,000

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 100

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,393,312

Any unexpended balance remaining in the appropriation for Buildings (fund 0615, appropriation 25800) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 465

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 45,085

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,550

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 918,368

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 165,806

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 50

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 7,803

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,093,027

Any unexpended balances remaining in the appropriations for Buildings (fund 0220, appropriation 25800) and Land (fund 0220, appropriation 73000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 570,145

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 4,500

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 128,193

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 3,137

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 706,575

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,419,650

Unclassified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 317,429

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 45,840

Public Defender Corporations. . . . . . . . . . . . . . . . . . . . . . . . . . 35200 19,199,406

Appointed Counsel Fees (R). . . . . . . . . . . . . . . . . . . . . . . . . . . 78800 10,723,115

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 6,155

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,711,595

Any unexpended balance remaining in the above appropriation for Appointed Counsel Fees (fund 0226, appropriation 78800) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The director shall have the authority to transfer funds from the appropriation to Public Defender Corporations (fund 0226, appropriation 35200) to Appointed Counsel Fees (fund 0226, appropriation 78800).

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,187

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 868

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,055

Forensic Medical Examinations (R). . . . . . . . . . . . . . . . . . . . . . 68300 $ 140,505

Federal Funds/Grant Match (R). . . . . . . . . . . . . . . . . . . . . . . . . 74900 100,782

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 241,287

Any unexpended balances remaining in the appropriations for Forensic Medical Examinations (fund 0557, appropriation 68300) and Federal Funds/Grant Match (fund 0557, appropriation 74900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 0

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 0

Autism Spectrum Disorder Coverage. . . . . . . . . . . . . . . . . . . . 85600 0

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 725,360

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 2,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 167,046

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 100

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 2,500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 4,200

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 901,206

Any unexpended balances remaining in the appropriations for Buildings (fund 0610, appropriation 25800) and Land (fund 0610, appropriation 73000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,908,154

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 21,435

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,213,953

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 135,000

Equipment (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 100,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 85,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,463,542

Any unexpended balance remaining in the appropriation for Equipment (fund 0250, appropriation 07000) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Out of the above appropriations a sum may be used to match federal funds for cooperative studies or other funds for similar purposes.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,632,541

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 30,096

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 91,852

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 100

Mineral Mapping System (R). . . . . . . . . . . . . . . . . . . . . . . . . . . 20700 1,214,328

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 20,950

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,999,967

Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund 0253, appropriation 20700) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The above Unclassified and Current Expenses appropriations include funding to secure federal and other contracts and may be transferred to a special revolving fund (fund 3105) for the purpose of providing advance funding for such contracts.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,954,304

ARC-WV Home of Your Own Alliance. . . . . . . . . . . . . . . . . . 04800 33,744

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 128,379

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,750,854

Southern WV Career Center. . . . . . . . . . . . . . . . . . . . . . . . . . . 07100 414,840

Local Economic Development Partnerships (R). . . . . . . . . . . . 13300 825,000

ARC Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13600 152,585

Mid-Atlantic Aerospace Complex. . . . . . . . . . . . . . . . . . . . . . . 23100 149,134

Guaranteed Work Force Grant (R). . . . . . . . . . . . . . . . . . . . . . . 24200 993,386

Advantage Valley. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38900 0

Chemical Alliance Zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39000 40,099

WV High Tech Consortium. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39100 198,906

Regional Contracting Assistance Center. . . . . . . . . . . . . . . . . . 41800 225,000

Highway Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43100 732,078

International Offices (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59300 529,867

WV Manufacturing Extension Partnership. . . . . . . . . . . . . . . . 73100 121,478

Polymer Alliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75400 97,014

Regional Councils. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78400 371,184

Mainstreet Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79400 167,292

National Institute of Chemical Studies. . . . . . . . . . . . . . . . . . . . 80500 59,474

I-79 Development Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82400 46,296

Mingo County Post Mine Land Use Projects .. . . . . . . . . . . . . . 84100 250,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 26,096

Hatfield McCoy Recreational Trail. . . . . . . . . . . . . . . . . . . . . . 96000 210,900

Hardwood Alliance Zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99200 35,937

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,952,351

Any unexpended balances remaining in the appropriations for Unclassified – Surplus (fund 0256, appropriation 09700), Partnership Grants (fund 0256, appropriation 13100), Local Economic Development Partnerships (fund 0256, appropriation 13300), Guaranteed Work Force Grant (fund 0256, appropriation 24200), Industrial Park Assistance (fund 0256, appropriation 48000), Small Business Development (fund 0256, appropriation 70300), Local Economic Development Assistance (fund 0256, appropriation 81900) and 4-H Camp Improvements (fund 0256, appropriation 94100) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation to Local Economic Development Partnerships (fund 0256, appropriation 13300) 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 W.Va. Code §5B-2-14. 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 $34,000 per county served by an economic development or redevelopment corporation or authority.

From the above appropriation for Highway Authorities (fund 0256, appropriation 43100), $106,548 is for King Coal Highway Authority; $106,548 is for Coal Field Expressway Authority; $170,478 is for Coal Heritage Highway Authority; $42,620 is for Little Kanawha River Parkway; $76,715 is for Midland Trail Scenic Highway Association; $48,585 is for Shawnee Parkway Authority; $85,239 is for Corridor G Regional Development Authority; $52,725 is for Corridor H Authority; and $42,620 is for Route 2 I68 Highway Authority.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,201,632

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 28,658

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 564,773

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 30,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 22,752

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,857,81537 - Division of Labor –

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 74,144

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 79,963

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 985

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 156,092

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 16,378,772

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 11,220

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 57,416

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 400

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 500

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 400

Litter Control Conservation Officers. . . . . . . . . . . . . . . . . . . . . 56400 149,103

Upper Mud River Flood Control. . . . . . . . . . . . . . . . . . . . . . . . 65400 168,622

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 200

Land (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 400

Law Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80600 2,764,373

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 293,374

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,824,780

Any unexpended balances remaining in the appropriations for Buildings (fund 0265, appropriation 25800), Land (fund 0265, appropriation 73000) and State Park Improvements – Surplus (fund 0265, appropriation 76300) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 10,503,524

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 120,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,870,667

Coal Dust and Rock Dust Sampling. . . . . . . . . . . . . . . . . . . . . . 27000 572,583

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 68,134

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,134,908

Included in the above appropriation for Current Expenses (fund 0277, appropriation 13000) is $500,000 for the Southern West Virginia Community and Technical College Mine Rescue and Rapid Response Team.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 286,435

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 4,230

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 131,634

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 422,299

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 13,464

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 655

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 51,289

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,408

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 327,407

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 3,500

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 86,106

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 417,013

Office of Economic Opportunity. . . . . . . . . . . . . . . . . . . . . . . . 03400 $ 102,417

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 204,270

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 16,268

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,402,196

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 3,297

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,626,031

From the above appropriation for Current Expenses (fund 0612, appropriation 13000) $593,375 is for West Virginia University and $593,375 is for Southern West Virginia Community and Technical College for the Mine Training and Energy Technologies Academy.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 386,466

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 0

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,118,490

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,504,956

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 600,273

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 500,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 128,033

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 21,694

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,250,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 4,416,344

Technology System Specialist. . . . . . . . . . . . . . . . . . . . . . . . . . 06200 2,000,000

Teachers’ Retirement Savings Realized. . . . . . . . . . . . . . . . . . . 09500 34,472,000

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 300,000

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,673,081

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 50,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,000

Increased Enrollment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14000 5,260,000

Safe Schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14300 5,028,664

Teacher Mentor (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15800 592,034

National Teacher Certification (R). . . . . . . . . . . . . . . . . . . . . . . 16100 150,000

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

Allowance for County Transfers. . . . . . . . . . . . . . . . . . . . . . . . 26400 469,993

Technology Repair and Modernization. . . . . . . . . . . . . . . . . . . 29800 951,003

HVAC Technicians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35500 491,258

Early Retirement Notification Incentive. . . . . . . . . . . . . . . . . . 36600 300,000

MATH Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36800 366,532

Assessment Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39600 2,339,588

21^st Century Fellows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50700 274,899

English as a Second Language. . . . . . . . . . . . . . . . . . . . . . . . . . 52800 100,000

Teacher Reimbursement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57300 297,188

Hospitality Training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60000 264,973

Hi-Y Youth in Government. . . . . . . . . . . . . . . . . . . . . . . . . . . . 61600 100,000

High Acuity Special Needs (R). . . . . . . . . . . . . . . . . . . . . . . . . 63400 1,500,000

Foreign Student Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63600 89,231

Principals Mentorship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64900 69,250

State Board of Education Administrative Costs. . . . . . . . . . . . . 68400 363,428

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,000

IT Academy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72100 500,000

Land (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 1,000

Early Literacy Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75600 5,700,000

Local Solutions Dropout Prevention and Recovery. . . . . . . . . . 78000 2,230,000

School Based Truancy Prevention. . . . . . . . . . . . . . . . . . . . . . . 78101 2,000,000

Elementary/Middle Alternative Schools. . . . . . . . . . . . . . . . . . 83300 900,000

21^st Century Innovation Zones. . . . . . . . . . . . . . . . . . . . . . . . . . 87600 266,144

21^st Century Learners (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88600 1,566,874

Technology Initiatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90100 230,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 285,686

High Acuity Health Care Needs Program. . . . . . . . . . . . . . . . . 92000 925,000

21^st Century Assessment and Professional Development. . . . . . 93100 4,496,283

Tools and Support (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93300 7,636,586

WV Commission on Holocaust Education. . . . . . . . . . . . . . . . 93500 13,875

Regional Education Service Agencies. . . . . . . . . . . . . . . . . . . . 97200 3,690,750

Educational Program Allowance. . . . . . . . . . . . . . . . . . . . . . . . 99600 535,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 93,903,664

The above appropriations include funding for the state board of education and their executive office.

Any unexpended balances remaining in the appropriations for Unclassified (fund 0313, appropriation 09900), Current Expenses (fund 0313, appropriation 13000), Teacher Mentor (fund 0313, appropriation 15800), National Teacher Certification (fund 0313, appropriation 16100), Buildings (fund 0313, appropriation 25800), High Acuity Special Needs (fund 0313, appropriation 63400), Land (fund 0313, appropriation 73000) and 21^st Century Learners (fund 0313, appropriation 88600) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Technology System Specialists (fund 0313, appropriation 06200), shall first be used for the continuance of current pilot projects. The remaining balance, if any, may be used to expand the pilot project for additional counties.

The above appropriation for Teachers’ Retirement Savings Realized (fund 0313, appropriation 09500) shall be transferred to the Employee Pension and Health Care Benefit Fund (fund 2044).

Included in the above appropriation for Current Expenses (fund 0313, appropriation 13000) is $50,000 for the fifth year of a five year special community development school pilot program per W.Va. Code 18-3-12.

The above appropriation for Hospitality Training (fund 0313, appropriation 60000), 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.

The above appropriation for Local Solutions Dropout Prevention and Recovery (fund 0313, appropriation 78000) shall be transferred to the Local Solutions Dropout Prevention and Recovery Fund (fund 3949).

From the above appropriation for Educational Program Allowance (fund 0313, appropriation 99600), $100,000 shall be expended for Webster County Board of Education for Hacker Valley; $150,000 for the Randolph County Board of Education for Pickens School; and $100,000 shall be for the Preston County Board of Education for the Aurora School; $100,000 shall be for the Fayette County Board of Education for Meadow Bridge and $85,000 is for Project Based Learning in STEM fields.

Special Education – Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . 15900 $ 7,271,757

Special Education – Institutions. . . . . . . . . . . . . . . . . . . . . . . . . 16000 3,707,066

Juvenile Detention Centers. . . . . . . . . . . . . . . . . . . . . . . . . . 30200 589,370

Education of Institutionalized Juveniles and Adults (R). . . . . . 47200 17,335,390

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,903,583

Any unexpended balance remaining in the appropriation for Education of Institutionalized Juveniles and Adults (fund 0314, appropriation 47200) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

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.

Other Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02200 $ 154,474,796

Advanced Placement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 05300 526,406

Professional Educators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15100 869,755,621

Service Personnel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15200 294,796,569

Fixed Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15300 103,413,284

Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15400 83,379,648

Professional Student Support Services. . . . . . . . . . . . . . . . . . . . 65500 37,927,850

Improved Instructional Programs. . . . . . . . . . . . . . . . . . . . . . . . 15600 47,840,942

21st Century Strategic Technology Learning Growth. . . . . . . . 93600 18,176,651

Basic Foundation Allowances. . . . . . . . . . . . . . . . . . . . . . . . . . 1,610,291,767

Less Local Share. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (454,137,621)

Less Adjustments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1,865,133)

Total Basic State Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,154,289,013

Public Employees’ Insurance Matching. . . . . . . . . . . . . . . . . . . 01200 214,590,471

Teachers’ Retirement System. . . . . . . . . . . . . . . . . . . . . . . . . . . 01900 66,428,000

School Building Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45300 23,423,270

Retirement Systems – Unfunded Liability. . . . . . . . . . . . . . . . . 77500 298,584,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,757,314,75450 - State Board of Education –

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,293,783

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 280,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 918,886

Wood Products – Forestry Vocational Program. . . . . . . . . . . . . 14600 64,841

Albert Yanni Vocational Program. . . . . . . . . . . . . . . . . . . . . . . 14700 131,951

Vocational Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14800 22,193,335

Adult Basic Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14900 4,470,114

Program Modernization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30500 884,313

High School Equivalency Diploma Testing (R). . . . . . . . . . . . . 72600 1,067,176

FFA Grant Awards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83900 11,496

Pre-Engineering Academy Program. . . . . . . . . . . . . . . . . . . . . . 84000 265,294

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,581,189

Any unexpended balances remaining in the appropriations for GED Testing (fund 0390, appropriation 33900) and High School Equivalency Diploma Testing (fund 0390, appropriation 72600) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 903,491

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 7,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 942,099

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,855,590

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 11,551,213

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 107,329

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,690,291

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 75,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 35,000

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 25,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 25,000

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 62,500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 68,628

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,639,961

Any unexpended balances remaining in the appropriations for Buildings (fund 0320, appropriation 25800) and Capital Outlay and Maintenance (fund 0320, appropriation 75500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 851,891

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 35,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 27,818

Center for Professional Development (R). . . . . . . . . . . . . . . . . 11500 2,298,371

National Youth Science Camp . . . . . . . . . . . . . . . . . . . . . . . . . 13200 246,500

WV Humanities Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16800 450,000

Governor’s Honors Academy (R). . . . . . . . . . . . . . . . . . . . . . . 47800 597,714

Educational Enhancements. . . . . . . . . . . . . . . . . . . . . . . . . . . . 69500 575,000

S.T.E.M. Education and Grant Program. . . . . . . . . . . . . . . . . . 71900 500,000

Energy Express. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86100 470,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 4,509

Special Olympic Games. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96600 25,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,887,698

Any unexpended balances remaining in the appropriations for Center for Professional Development (fund 0294, appropriation 11500), Benedum Professional Development Collaborative (fund 0294, appropriation 42700) and Governor’s Honors Academy (fund 0294, appropriation 47800) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation for Educational Enhancements (fund 0294, appropriation 69500) is $125,000 for Reconnecting McDowell - Save the Children, $375,000 for Save the Children programs in Cabell, Roane, Calhoun and Mason counties and $75,000 for the Clay Center.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,802,316

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 44,177

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 810,103

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1

Land (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 1

Culture and History Programming. . . . . . . . . . . . . . . . . . . . . . . 73200 236,298

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 20,000

Historical Highway Marker Program. . . . . . . . . . . . . . . . . . . . . 84400 58,722

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 33,677

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,006,297

Any unexpended balances remaining in the appropriations for Unclassified (fund 0293, appropriation 09900), Buildings (fund 0293, appropriation 25800), Capital Outlay, Repairs and Equipment (fund 0293, appropriation 58900), Capital Improvements – Surplus (fund 0293, appropriation 66100), Capital Outlay, Repairs and Equipment – Surplus (fund 0293, appropriation 67700), Land (fund 0293, appropriation 73000) and Capital Outlay and Maintenance (fund 0293, appropriation 75500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The Current Expense 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 5A, Article 3 and Chapter 12 of the Code.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,309,788

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 171,140

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 6,500

Services to Blind & Handicapped. . . . . . . . . . . . . . . . . . . . . . . 18100 161,559

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 15,177

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,664,164

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 4,261,859

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 170,545

Mountain Stage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24900 300,000

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 50,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 41,929

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,824,333

Any unexpended balance remaining in the appropriation for Capital Outlay and Maintenance (fund 0300, appropriation 75500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Current Expenses (fund 0300, appropriation 13000) $100,000 is for Healthy Choices Children Television Program in conjunction with WVSOM and up to $45,000 is for the WV Music Hall of Fame.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 10,597,682

Independent Living Services. . . . . . . . . . . . . . . . . . . . . . . . . . . 00900 500,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 545,202

Workshop Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16300 2,116,149

Supported Employment Extended Services. . . . . . . . . . . . . . . . 20600 100,000

Ron Yost Personal Assistance Fund (R). . . . . . . . . . . . . . . . . . 40700 388,698

Employment Attendant Care Program . . . . . . . . . . . . . . . . . . . 59800 156,065

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 67,033

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,470,829

Any unexpended balance remaining in the appropriation for Ron Yost Personal Assistance Fund (fund 0310, appropriation 40700) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Workshop Development (fund 0310, appropriation 16300), funds shall be used exclusively with the private nonprofit 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 organizations.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 72,050

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 30,691

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 100

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 717

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 600

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 684

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 104,842

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 4,161,396

Water Resources Protection and Management. . . . . . . . . . . . . . 06800 579,695

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 331,339

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 13,150

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 7,400

Dam Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60700 212,499

West Virginia Stream Partners Program. . . . . . . . . . . . . . . . . . 63700 77,396

Meth Lab Cleanup. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65600 206,203

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 9,183

WV Contributions to River Commissions. . . . . . . . . . . . . . . . . 77600 148,485

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 56,802

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,726,671

A portion of the appropriations for Current Expenses (fund 0273, appropriation 13000) and Dam Safety (fund 0273, appropriation 60700) may be transferred to the special revenue fund Dam Safety Rehabilitation Revolving Fund (fund 3025) for the state deficient dams rehabilitation assistance program.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 64,143

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 10,746

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 50

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 579

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 200

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 2,013

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,731

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 478,683

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 8,386

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 48,461

Women’s Commission (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19100 155,557

Commission for the Deaf and Hard of Hearing. . . . . . . . . . . . . 70400 216,405

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 907,492

Any unexpended balance remaining in the appropriation for the Women’s Commission (fund 0400, appropriation 19100) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 12,097,139

Chief Medical Examiner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04500 5,476,995

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 717,980

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 4,614,237

State Aid for Local and Basic Public Health Services. . . . . . . . 18400 16,648,328

Safe Drinking Water Program (R). . . . . . . . . . . . . . . . . . . . . . . 18700 2,165,274

Women, Infants and Children. . . . . . . . . . . . . . . . . . . . . . . . . . 21000 38,602

Early Intervention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22300 2,844,884

Cancer Registry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22500 197,761

CARDIAC Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37500 427,500

State EMS Technical Assistance. . . . . . . . . . . . . . . . . . . . . . . . 37900 1,348,136

Statewide EMS Program Support (R). . . . . . . . . . . . . . . . . . . . 38300 959,098

Primary Care Centers - Mortgage Finance. . . . . . . . . . . . . . . . . 41300 114,501

Black Lung Clinics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46700 170,885

Center for End of Life. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54500 420,198

Pediatric Dental Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55000 51,888

Vaccine for Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55100 333,311

Tuberculosis Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55300 367,837

Medical Contracts and Fees (R). . . . . . . . . . . . . . . . . . . . . . 57500 6,278,587

Epidemiology Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62600 1,500,154

Primary Care Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62800 6,000,000

Sexual Assault Intervention and Prevention. . . . . . . . . . . . . . . 72300 125,000

Health Right Free Clinics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72700 3,000,000

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 100,000

Healthy Lifestyles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77800 146,282

Maternal Mortality Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . 83400 46,895

Osteoporosis and Arthritis Prevention. . . . . . . . . . . . . . . . . . . . 84900 158,336

Diabetes Education and Prevention. . . . . . . . . . . . . . . . . . . . . . 87300 97,125

Tobacco Education Program (R). . . . . . . . . . . . . . . . . . . . . . . . 90600 4,870,309

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 211,214

State Trauma and Emergency Care System. . . . . . . . . . . . . . . . 91800 1,987,034

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73,515,490

Any unexpended balances remaining in the appropriations for Unclassified – Surplus (fund 0407, appropriation 09700), Safe Drinking Water Program (fund 0407, appropriation 18700), Statewide EMS Program Support (fund 0407, appropriation 38300), Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, appropriation 57500), Capital Outlay and Maintenance (fund 0407, appropriation 75500), Emergency Response Entities – Special Projects (fund 0407, appropriation 82200), Assistance to Primary Health Care Centers Community Health Foundation (fund 0407, appropriation 84500) and Tobacco Education Program (fund 0407, appropriation 90600) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Current Expenses (fund 0407, appropriation 13000), an amount not less than $100,000 is for the West Virginia Cancer Coalition; $50,000 shall be expended for the West Virginia Aids Coalition; $100,000 is for Adolescent Immunization Education; $73,065 is for informal dispute resolution relating to nursing home administrative appeals; and $50,000 is for Hospital Hospitality House of Huntington.

From the above appropriation for Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, appropriation 57500) $400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund (fund 5197) and $11,000 is for the Marshall County Health Department for dental services.

Included in the above appropriation for Primary Care Centers - Mortgage Finance (fund 0407, appropriation 41300) is $8,375 for the mortgage payment for the Lincoln Primary Care Center, Inc.; $7,130 for the mortgage payment for Roane County Family Health Care, Inc.; $8,040 for the mortgage payment for Community Care (formerly Primary Care Systems); $3,350 for the mortgage payment for the Belington Community Medical Services; $5,025 for the mortgage payment for Community Care (formerly Tri-County Health Clinic); $2,513 for the mortgage payment for Valley Health Care (Randolph); $4,449 for the mortgage payment for WomenCare (Family Care Health Center - Madison); $1,340 for the mortgage payment for Northern Greenbrier Health Clinic; $3,350 for the mortgage payment for the North Fork Clinic (Pendleton); $6,700 for the mortgage payment for the Pendleton Community Care; $6,433 for the mortgage payment for Clay-Battelle Community Health Center; $8,288 for the mortgage payment for Monongahela Valley Association of Health Centers, Inc. (Marion); $5,628 for the mortgage payment for Mountaineer Community Health Center; $2,178 for the mortgage payment for the St. George Medical Clinic; $4,691 for the mortgage payment for the Bluestone Health Center; $7,538 for the mortgage payment for Wheeling Health Right; $8,040 for the mortgage payment for the Minnie Hamilton Health Care Center, Inc.; $9,045 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.; $7,538 for the mortgage payment for the Change, Inc.; and $4,850 for the mortgage payment for the Wirt County Health Services Association.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,567,388

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 12,463

Behavioral Health Program (R). . . . . . . . . . . . . . . . . . . . . . . . . 21900 69,725,365

Family Support Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22100 251,226

Institutional Facilities Operations (R). . . . . . . . . . . . . . . . . . . . 33500 110,414,656

Substance Abuse Continuum of Care (R). . . . . . . . . . . . . . . . . 35400 5,000,000

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 950,000

Renaissance Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80400 165,996

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 1,088,070

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 189,175,164

Any unexpended balances remaining in the appropriations for Behavioral Health Program (fund 0525, appropriation 21900), Institutional Facilities Operations (fund 0525, appropriation 33500), Substance Abuse Continuum of Care (fund 0525, appropriation 35400), Capital Outlay (fund 0525, appropriation 51100), Behavioral Health Program – Surplus (fund 0525, appropriation 63100), Institutional Facilities Operations – Surplus (fund 0525, appropriation 63200), Substance Abuse Continuum of Care – Surplus (fund 0525, appropriation 72200) and Capital Outlay and Maintenance (fund 0525, appropriation 75500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation for Behavioral Health Program (fund 0525, appropriation 21900) is $100,000 for the Healing Place of Huntington.

From the above appropriation for Institutional Facilities Operations, together with available funds from the Division of Health – Hospital Services Revenue Account (fund 5156, appropriation 33500), on July 1, 2015, the sum of $160,000 shall be transferred to the Department of Agriculture – Land Division – Farm Operating Fund (1412) 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.

From the above appropriation for Substance Abuse Continuum of Care (fund 0525, appropriation 35400), the funding will be consistent with the goal areas outlined in the Comprehensive Substance Abuse Strategic Action Plan.

Additional funds have been appropriated in fund 5156, fiscal year 2016, organization 0506 and fund 5124, fiscal year 2016, 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 appropriation to facilitate cost effective and cost saving services at the community level.

Revolving Fund – Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . 68900 $ 647,500

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 16 of the Code.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 910,221

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 4,024

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 191,766

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 9,311

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,115,322

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 40,965,805

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 5,688,944

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 10,074,541

CHIP Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110,992

CHIP Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,379,734

Autism Spectrum Disorder Coverage. . . . . . . . . . . . . . . . . . . . 85600 497,035

Child Care Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14400 11,224,912

Medical Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18900 461,285,182

Social Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19500 142,174,864

Family Preservation Program. . . . . . . . . . . . . . . . . . . . . . . . . . . 19600 1,565,000

Family Resource Networks. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27400 1,762,464

Domestic Violence Legal Services Fund. . . . . . . . . . . . . . . . . . 38400 370,000

James ‘Tiger’ Morton Catastrophic Illness Fund. . . . . . . . . . . . 45500 101,144

I/DD Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46600 88,753,483

Child Protective Services Case Workers . . . . . . . . . . . . . . . . . . 46800 21,398,895

OSCAR and RAPIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51500 5,102,872

Title XIX Waiver for Seniors. . . . . . . . . . . . . . . . . . . . . . . . . . . 53300 13,593,620

WV Teaching Hospitals Tertiary/Safety Net. . . . . . . . . . . . . . . 54700 6,356,000

Specialized Foster Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56600 310,948

Child Welfare System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60300 1,251,312

In-Home Family Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68800 1,000,000

WV Works Separate State Program. . . . . . . . . . . . . . . . . . . . . . 69800 3,250,000

Child Support Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 70500 6,234,804

Medicaid Auditing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70600 606,373

Maintenance of Effort. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70700 22,969,096

Child Care Maintenance of Effort Match. . . . . . . . . . . . . . . . . . 70800 5,693,743

Child and Family Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73600 2,850,000

Programs and Statewide Prevention. . . . . . . . . . . . . . . . . . . 75000 2,500,000

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 11,875

Medical Services Administrative Costs. . . . . . . . . . . . . . . . . . . 78900 35,614,907

Traumatic Brain Injury Waiver. . . . . . . . . . . . . . . . . . . . . . . . . 83500 800,000

Indigent Burials (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85100 2,050,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 834,187

Rural Hospitals Under 150 Beds. . . . . . . . . . . . . . . . . . . . . . . . 94000 2,596,000

Children’s Trust Fund – Transfer . . . . . . . . . . . . . . . . . . . . . . . 95100 220,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 912,034,201

Any unexpended balances remaining in the appropriations for Capital Outlay and Maintenance (fund 0403, appropriation 75500) and Indigent Burials (fund 0403, appropriation 85100) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

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 appropriations: Provided, That no more than five percent of the funds appropriated to one appropriation may be transferred to other appropriations: Provided, however, That no funds from other appropriations shall be transferred to the personal services and employee benefits appropriation.

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.

Included in the above appropriation for Social Services (fund 0403, appropriation 19500) is funding for continuing education requirements relating to the practice of social work.

The above appropriation for Domestic Violence Legal Services Fund (fund 0403, appropriation 38400) shall be transferred to the Domestic Violence Legal Services Fund (fund 5455).

The above appropriation for James ‘Tiger’ Morton Catastrophic Illness Fund (fund 0403, appropriation 45500) shall be transferred to the James ‘Tiger’ Morton Catastrophic Illness Fund (fund 5454) as provided by Article 5Q, Chapter 16 of the Code.

The above appropriation for WV Works Separate State Program (fund 0403, appropriation 69800), shall be transferred to the WV Works Separate State College Program Fund (fund 5467) and the WV Works Separate State Two-Parent Program Fund (fund 5468) as determined by the secretary of the Department of Health and Human Resources.

From the above appropriation for Child Support Enforcement (fund 0403, appropriation 70500) 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 (fund 0403, appropriation 75000), 50% of the total shall be divided equally and distributed among the fourteen (14) licensed programs and the West Virginia Coalition Against Domestic Violence (WVCADV). The balance remaining in the appropriation for Grants for Licensed Domestic Violence Programs and Statewide Prevention (fund 0403, appropriation 75000), shall be distributed according to the formula established by the Family Protection Services Board.

The above appropriation for Children’s Trust Fund – Transfer (fund 0403, appropriation 95100) shall be transferred to the Children’s Fund (fund 5469, org 0511).

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 706,626

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 20,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 111,450

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 9,900

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 3,300

Fusion Center (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46900 534,544

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 4,015

Directed Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70000 32,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 9,404

WV Fire and EMS Survivor Benefit (R). . . . . . . . . . . . . . . . . . 93900 400,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,364,275

Any unexpended balances remaining in the appropriations for Unclassified (fund 0430, appropriation 09900), Fusion Center (fund 0430, appropriation 46900), Substance Abuse Program – Surplus (fund 0430, appropriation 69600), Justice Reinvestment Training – Surplus (fund 0430, appropriation 69900), WV Fire and EMS Survivor Benefit (fund 0430, appropriation 93900) and Homeland State Security Administrative Agency (fund 0430, appropriation 95300) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Directed Transfer (fund 0430, appropriation 70000) shall be transferred to the Law-Enforcement, Safety and Emergency Worker Funeral Expense Payment Fund (fund 6003).

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 14,993,758

College Education Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23200 $ 0

Mountaineer Challenge Academy. . . . . . . . . . . . . . . . . . . . . . . 70900 0

Armory Board Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70015 0

Military Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74800 0

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,993,758

Any unexpended balance remaining in the appropriation for Unclassified (fund 0433, appropriation 09900) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Unclassified, (fund 0433, appropriation 09900) an amount not less than $2,947,186 is for the Mountaineer ChalleNGe Academy.

From the above appropriations 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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 100,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 71,125

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,125

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 378,085

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 168,694

Salaries of Members of West Virginia Parole Board. . . . . . . . . 22700 600,744

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 4,712

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,152,235

The above appropriation for Salaries of Members of West Virginia Parole Board (fund 0440, appropriation 22700) includes funding for salary, annual increment (as provided for in W.Va. Code §5-5-1) and related employee benefits of board members.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 547,934

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 28,157

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 144,611

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Radiological Emergency Preparedness. . . . . . . . . . . . . . . . . . . 55400 27,752

Federal Funds/Grant Match (R). . . . . . . . . . . . . . . . . . . . . . . . . 74900 658,407

Response Call Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78100 481,412

Early Warning Flood System (R). . . . . . . . . . . . . . . . . . . . . . . . 87700 506,089

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 18,811

WVU Charleston Poison Control Hotline. . . . . . . . . . . . . . . . . 94400 757,804

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,171,977

Any unexpended balances remaining in the appropriations for Federal Funds/Grant Match (fund 0443, appropriation 74900), Early Warning Flood System (fund 0443, appropriation 87700) and Disaster Mitigation (fund 0443, appropriation 95200) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 610,190

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,800

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 611,990

Employee Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 01000 $ 1,258,136

Children’s Protection Act (R). . . . . . . . . . . . . . . . . . . . . . . . . . 09000 938,437

Unclassified (R) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,842,160

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 31,000,000

Facilities Planning and Administration (R). . . . . . . . . . . . . . . . 38600 1,116,627

Charleston Correctional Center. . . . . . . . . . . . . . . . . . . . . . . . . 45600 3,134,387

Beckley Correctional Center. . . . . . . . . . . . . . . . . . . . . . . . . . . 49000 1,814,873

Huntington Work Release Center. . . . . . . . . . . . . . . . . . . . . . . 49500 1,139,619

Anthony Correctional Center . . . . . . . . . . . . . . . . . . . . . . . . . . 50400 5,001,443

Huttonsville Correctional Center . . . . . . . . . . . . . . . . . . . . . . . 51400 21,042,042

Northern Correctional Center . . . . . . . . . . . . . . . . . . . . . . . . . . 53400 6,947,380

Inmate Medical Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . 53500 21,226,064

Pruntytown Correctional Center . . . . . . . . . . . . . . . . . . . . . . . . 54300 7,069,693

Corrections Academy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56900 1,447,934

Martinsburg Correctional Center. . . . . . . . . . . . . . . . . . . . . . . . 66300 3,437,882

Parole Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68600 5,145,478

Special Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68700 7,822,908

Investigative Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71600 3,445,962

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 2,000,000

Salem Correctional Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77400 9,977,414

McDowell County Correctional Center. . . . . . . . . . . . . . . . . . . 79000 1,949,983

Stevens Correctional Center . . . . . . . . . . . . . . . . . . . . . . . . . . . 79100 6,474,500

Parkersburg Correctional Center. . . . . . . . . . . . . . . . . . . . . . . . 82800 2,431,887

St. Mary’s Correctional Center . . . . . . . . . . . . . . . . . . . . . . . . . 88100 12,665,613

Denmar Correctional Center. . . . . . . . . . . . . . . . . . . . . . . . . . . 88200 4,384,334

Ohio County Correctional Center. . . . . . . . . . . . . . . . . . . . . . . . 88300 1,743,194

Mt. Olive Correctional Complex. . . . . . . . . . . . . . . . . . . . . . . . 88800 19,783,496

Lakin Correctional Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89600 8,909,548

IT Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 829,190

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 196,080,184

Any unexpended balances remaining in the appropriations for Children’s Protection Act (fund 0450, appropriation 09000), Unclassified – Surplus (fund 0450, appropriation 09700), Current Expenses (fund 0450, appropriation 13000), Facilities Planning and Administration (fund 0450, appropriation 38600), Inmate Medical Expenses (fund 0450, appropriation 53500), Capital Improvements – Surplus (fund 0450, appropriation 66100), Capital Outlay, Repairs and Equipment – Surplus (fund 0450, appropriation 67700), Capital Outlay and Maintenance (fund 0450, appropriation 75500) and Operating Expenses – Surplus (fund 0450, appropriation 77900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016 with the exception of fund 0450, fiscal year 2015, appropriation 13000 ($8,000,000) and fund 0450, fiscal year 2015, appropriation 53500 ($3,000,000) which shall expire on June 30, 2015.

The commissioner of corrections shall have the authority to transfer between appropriations to the individual correctional units above and may transfer funds from the individual correctional units to Current Expenses (fund 0450, appropriation 13000) or Inmate Medical Expenses (fund 0450, appropriation 53500).

From the above appropriation to Unclassified, on July 1, 2015, the sum of $300,000 shall be transferred to the Department of Agriculture – Land Division – Farm Operating Fund (1412) 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.

From the above appropriation to Current Expenses (fund 0450, appropriation 13000) payment shall be made to house Division of Corrections inmates in federal, county, and/or regional jails.

Any realized savings from the Energy Savings Contract for Mt. Olive Correctional Complex, Huttonsville Correction Center, Pruntytown Correctional Center, or Denmar Correctional Center may be transferred from the listed individual correctional units to Facilities Planning and Administration (fund 0450, appropriation 38600).

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 60,207,287

Children’s Protection Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09000 935,026

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,034,469

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 9,817,120

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 450,523

Vehicle Purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45100 3,112,866

Barracks Lease Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55600 246,478

Communications and Other Equipment (R). . . . . . . . . . . . . . . . 55800 1,912,975

Trooper Retirement Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60500 4,198,320

Handgun Administration Expense. . . . . . . . . . . . . . . . . . . . . . . 74700 80,205

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 2,250,000

Retirement Systems – Unfunded Liability. . . . . . . . . . . . . . . . . 77500 13,209,000

Automated Fingerprint Identification System. . . . . . . . . . . . . . 89800 720,844

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 4,946,608

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 103,121,721

Any unexpended balances remaining in the appropriations for Communications and Other Equipment (fund 0453, appropriation 55800) and Capital Outlay and Maintenance (fund 0453, appropriation 75500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Personal Services and Employee Benefits (fund 0453, appropriation 00100), 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.

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 69,439

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 527,515

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 132,696

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,804

Child Advocacy Centers (R). . . . . . . . . . . . . . . . . . . . . . . . . . . 45800 1,702,108

Community Corrections (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . 56100 7,419,704

Statistical Analysis Program. . . . . . . . . . . . . . . . . . . . . . . . . . . 59700 46,499

Qualitative Analysis and Training for Youth Services. . . . . . . . 76200 500,000

Law Enforcement Professional Standards. . . . . . . . . . . . . . . . . 83800 156,577

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 1,421

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,564,916

Any unexpended balances remaining in the appropriations for Buildings (fund 0546, appropriation 25800), Child Advocacy Centers (fund 0546, appropriation 45800) and Community Corrections (fund 0546, appropriation 56100) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Child Advocacy Centers (fund 0546, appropriation 45800), the division may retain an amount not to exceed four percent of the appropriation for administrative purposes.

Statewide Reporting Centers. . . . . . . . . . . . . . . . . . . . . . . . . . . 26200 $ 5,428,893

Robert L. Shell Juvenile Center. . . . . . . . . . . . . . . . . . . . . . . . . 26700 1,954,598

Central Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70100 2,334,206

Capital Outlay and Maintenance (R). . . . . . . . . . . . . . . . . . . . . 75500 250,000

Gene Spadaro Juvenile Center . . . . . . . . . . . . . . . . . . . . . . . . . 79300 2,132,797

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 96,187

Kenneth Honey Rubenstein Juvenile Center (R) . . . . . . . . . . . 98000 4,920,220

Vicki Douglas Juvenile Center. . . . . . . . . . . . . . . . . . . . . . . . . . 98100 1,872,622

Northern Regional Juvenile Center. . . . . . . . . . . . . . . . . . . . . . 98200 1,576,302

Lorrie Yeager Jr. Juvenile Center. . . . . . . . . . . . . . . . . . . . . . . . 98300 1,920,239

Sam Perdue Juvenile Center . . . . . . . . . . . . . . . . . . . . . . . . . . . 98400 2,007,781

Tiger Morton Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98500 2,116,477

Donald R. Kuhn Juvenile Center . . . . . . . . . . . . . . . . . . . . . . . 98600 4,066,579

J.M. ‘Chick’ Buckbee Juvenile Center . . . . . . . . . . . . . . . . . . . 98700 2,018,118

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,695,019

Any unexpended balances remaining in the appropriations for Capital Outlay and Maintenance (fund 0570, appropriation 75500) and Kenneth Honey Rubenstein Juvenile Center (fund 0570, appropriation 98000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriations, on July 1, 2015, the sum of $50,000 shall be transferred to the Department of Agriculture – Land Division – Farm Operating Fund (1412) 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 have the authority to transfer between appropriations to the individual juvenile centers above.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,027,387

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 21,991

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 109,232

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 8,500

Equipment (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 75,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 72,825

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 9,969

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,324,904

Any unexpended balances remaining in the appropriations for Equipment (fund 0585, appropriation 07000) and Unclassified (fund 0585, appropriation 09900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 529,025

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 6,397

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 92,454

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,262

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 8,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 637,638

Any unexpended balance remaining in the appropriation for Unclassified – Total (fund 0465, appropriation 09600) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits (R). . . . . . . . . . . . . . 00100 $ 16,722,654

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 234,571

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 6,275,442

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 50,000

Multi State Tax Commission. . . . . . . . . . . . . . . . . . . . . . . . . . . 65300 77,958

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 13,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,393,625

Any unexpended balances remaining in the appropriations for Personal Services and Employee Benefits (fund 0470, appropriation 00100), Tax Technology Upgrade – Surplus (fund 0470, appropriation 45000), Unclassified (fund 0470, appropriation 09900), Current Expenses (fund 0470, appropriation 13000) and GIS Development Project (fund 0470, appropriation 56200) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016 with the exception of fund 0470, fiscal year 2015, appropriation 00100 ($1,000,000) which shall expire on June 30, 2015.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 649,581

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 7,156

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 52,916

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 3,348

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 713,001

Any unexpended balance remaining in the appropriation for Unclassified (fund 0595, appropriation 09900) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 426,857

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 102,313

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 5,397

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 903

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 2,618

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 538,088

Any unexpended balance remaining in the appropriation for Current Expenses (fund 0593, appropriation 13000) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 10,721

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 28,385

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,106

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 314,606

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 330,469

Other Assets (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,360,760

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 173,966

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,179,801

Any unexpended balances remaining in the appropriations for Unclassified (fund 0506, appropriation 09900) and Other Assets (fund 0506, appropriation 69000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Equipment (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 $ 661,049

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,744,949

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 20,281

Other Assets (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,476,279

Any unexpended balances remaining in the appropriations for Equipment (fund 0510, appropriation 07000), Current Expenses (fund 0510, appropriation 13000), Buildings (fund 0510, appropriation 25800) and Other Assets (fund 0510, appropriation 69000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 218,492

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 73,539

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 2,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 295,031

Any unexpended balance remaining in the appropriation for Unclassified (fund 0581, appropriation 09900) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 212,798

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 807,704

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 100

Civil Air Patrol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23400 155,095

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 3,045

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,178,742

Any unexpended balance remaining in the appropriations for Unclassified (fund 0582, appropriation 09900) and Current Expenses (fund 0582, appropriation 13000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Current Expenses (fund 0582, appropriation 13000), the sum of $120,000 shall be distributed equally to each of the twelve local Civil Air Patrol Squadrons.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,726,828

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 20,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 325,507

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Veterans’ Field Offices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22800 583,263

Veterans’ Nursing Home (R). . . . . . . . . . . . . . . . . . . . . . . . . . . 28600 6,004,913

Veterans’ Toll Free Assistance Line. . . . . . . . . . . . . . . . . . . . . 32800 2,015

Veterans’ Reeducation Assistance (R). . . . . . . . . . . . . . . . . . . . 32900 39,502

Veterans’ Grant Program (R). . . . . . . . . . . . . . . . . . . . . . . . . . . 34200 150,000

Veterans’ Grave Markers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47300 10,254

Veterans’ Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48500 625,000

Veterans’ Outreach Programs. . . . . . . . . . . . . . . . . . . . . . . . . . 61700 188,277

Memorial Day Patriotic Exercise. . . . . . . . . . . . . . . . . . . . . . . . 69700 20,000

Veterans’ Cemetery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80800 383,263

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 23,860

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,107,682

Any unexpended balances remaining in the appropriations for Veterans’ Nursing Home (fund 0456, appropriation 28600), Veterans’ Reeducation Assistance (fund 0456, appropriation 32900), Veterans’ Grant Program (fund 0456, appropriation 34200), Veterans’ Bonus – Surplus (fund 0456, appropriation 34400), Veterans’ Bonus (fund 0456, appropriation 48300) and Educational Opportunities for Children of Deceased Veterans (fund 0456, appropriation 85400) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,088,530

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 150,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 69,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,307,530

and Title XIX Waiver for Senior Citizens. . . . . . . . . . . . . . . 53900 $ 14,063,432

The above appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens (fund 0420, appropriation 53900) along with the federal moneys generated thereby shall be used for reimbursement for services provided under the program.

The above appropriation is in addition to funding provided in fund 5405 for this program.

and Technical Education (R). . . . . . . . . . . . . . . . . . . . . . . . . 39200 $ 762,305

Transit Training Partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . 78300 70,217

College Transition Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . 88700 292,718

Technical Program Development (R). . . . . . . . . . . . . . . . . . . . . 89400 1,984,598

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,312,228

Any unexpended balances remaining in the appropriations for Unclassified – Surplus (fund 0596, appropriation 09700), West Virginia Council for Community and Technical Education (fund 0596, appropriation 39200), Capital Improvements – Surplus (fund 0596, appropriation 66100), Community College Workforce Development (fund 0596, appropriation 87800), West Virginia Advance Workforce Development (fund 0596, appropriation 89300) and Technical Program Development (fund 0596, appropriation 89400) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for the Community College Workforce Development (fund 0596, appropriation 87800), $200,000 shall be expended on the Mine Training Program in Southern West Virginia.

Included in the above appropriation for West Virginia Advance Workforce Development (fund 0596, appropriation 89300) is $200,000 to be used exclusively for advanced manufacturing and energy industry specific training programs.

Mountwest Community and Technical College. . . . . . . . . . . . . 48700 $ 5,649,984

New River Community and Technical College. . . . . . . . . . . . . 35800 $ 5,601,500

Pierpont Community and Technical College. . . . . . . . . . . . . . . 93000 $ 7,477,096

Blue Ridge Community and Technical College. . . . . . . . . . . . . 88500 $ 4,574,710

West Virginia University – Parkersburg. . . . . . . . . . . . . . . . . . 47100 $ 9,719,237

BridgeValley Community and Technical College. . . . . . . . . . . 71700 $ 7,664,898

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,517,148

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 172,806

Higher Education Grant Program. . . . . . . . . . . . . . . . . . . . . . . . 16400 39,019,864

Tuition Contract Program (R). . . . . . . . . . . . . . . . . . . . . . . . . . 16500 1,249,464

Facilities Planning and Administration (R). . . . . . . . . . . . . . . . 38600 1,897,759

PROMISE Scholarship – Transfer. . . . . . . . . . . . . . . . . . . . . . . 80000 18,500,000

HEAPS Grant Program (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . 86700 5,006,535

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 16,362

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,572,438

Any unexpended balances remaining in the appropriations for Unclassified – Surplus (fund 0589, appropriation 09700), Tuition Contract Program (fund 0589, appropriation 16500), Facilities Planning and Administration (fund 0589, appropriation 38600), Capital Improvements – Surplus (fund 0589, appropriation 66100), Capital Outlay and Maintenance (fund 0589, appropriation 75500), HEAPS Grant Program (fund 0589, appropriation 86700) and Higher Education – Special Projects – Surplus (fund 0589, appropriation 94600) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Facilities Planning and Administration (fund 0589, appropriation 38600) is for operational expenses of the West Virginia Education, Research and Technology Park between construction and full occupancy.

The above appropriation for Higher Education Grant Program (fund 0589, appropriation 16400) shall be transferred to the Higher Education Grant Fund (fund 4933, org 0441) established by W.Va. Code §18C-5-3.

The above appropriation for Underwood-Smith Scholarship Program-Student Awards (fund 0589, appropriation 16700) shall be transferred to the Underwood-Smith Teacher Scholarship and Loan Assistance Fund (fund 4922, org 0441) established by W.Va. Code §18C-4-1.

The above appropriation for PROMISE Scholarship – Transfer (fund 0589, appropriation 80000) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by W.Va. Code §18C-7-7.

WVNET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16900 $ 1,696,561

WVU School of Health Science – Eastern Division. . . . . . . . . 05600 $ 2,303,985

WVU – School of Health Sciences. . . . . . . . . . . . . . . . . . . . . . 17400 16,961,414

WVU – School of Health Sciences – Charleston Division. . . . 17500 2,374,260

Rural Health Outreach Programs (R). . . . . . . . . . . . . . . . . . . . . 37700 175,720

BRIM Subsidy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46000 1,209,668

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,025,047

Any unexpended balance remaining in the appropriations for Rural Health Outreach Programs (fund 0343, appropriation 37700) and Educational Enhancements – Surplus (fund 0343, appropriation 92700) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the appropriation for WVU - School of Health Sciences (fund 0343, appropriation 17400) is $2,000,000 for the School of Public Health; Graduate Medical Education; programming or research for multiple sclerosis, alzheimers, and neurosciences (including the Blanchette Rockefeller Project); and $82,000 for the West Virginia University National Center of Excellence in Women’s Health. Appropriations for WVU - School of Health Sciences (fund 0343, appropriation 17400) used for Graduate Medical Education 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 used to support graduate medical education, subject to the approval of the vice-chancellor for health sciences and the secretary of the Department of Health and Human Resources. If approval is denied, funds may be utilized by the respective institutions for expenditure on graduate medical education.

The above appropriation for Rural Health Outreach Programs (fund 0343, appropriation 37700) includes rural health activities and programs; rural residency development and education; and rural outreach activities.

The above appropriation for BRIM subsidy (fund 0343, appropriation 46000) shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the ‘Total Premium Billed’ to the institution as part of the full cost of their malpractice insurance coverage.

West Virginia University. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45900 $ 100,604,338

Jackson’s Mill (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46100 307,713

West Virginia University Institute for Technology. . . . . . . . . . 47900 8,281,570

West Virginia University – Potomac State. . . . . . . . . . . . . . . . . 99400 4,037,218

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 113,579,126

Any unexpended balances remaining in the appropriations for Jackson’s Mill (fund 0344, appropriation 46100) and State Priorities – Brownfield Professional Development (fund 0344, appropriation 53100) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the appropriation for West Virginia University (fund 0344, appropriation 45900) is $360,000 for the WVU Law School - Skills Program; $836,400 for the College of Engineering and Mineral Resources for the WVU Coal and Energy Research Bureau, the Mining Engineering Program, and the Petroleum Engineering Program; $416,600 for farms in the Davis College of Forestry, Agriculture and Consumer Sciences and $100,000 for the WVU - Soil Testing Program.

Included in the above appropriation for Jackson’s Mill (fund 0344, appropriation 46100) is $121,500 for the Jackson’s Mill Fire Academy.

Marshall Medical School. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17300 $ 12,541,389

Rural Health Outreach Programs (R). . . . . . . . . . . . . . . . . . . . . 37700 174,600

Forensic Lab. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417,351

Center for Rural Health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275,061

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,285,786

Any unexpended balance remaining in the appropriation for Rural Health Outreach Program (fund 0347, appropriation 37700) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Rural Health Outreach Programs (fund 0347, appropriation 37700) includes rural health activities and programs; rural residency development and education; and rural outreach activities.

The above appropriation for BRIM subsidy (fund 0347, appropriation 44900) shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the ‘Total Premium Billed’ to the institution as part of the full cost of their malpractice insurance coverage.

Marshall University. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44800 $ 47,262,017

Vista E-Learning (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51900 259,207

WV Autism Training Center (R). . . . . . . . . . . . . . . . . . . . . . . . 93200 1,846,830

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49,912,942

Any unexpended balances remaining in the appropriations for Vista E-Learning (fund 0348, appropriation 51900), State Priorities – Brownfield Professional Development (fund 0348, appropriation 53100) and WV Autism Training Center (fund 0348, appropriation 93200) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

West Virginia School of Osteopathic Medicine. . . . . . . . . . . . . 17200 $ 7,458,334

Rural Health Outreach Programs (R). . . . . . . . . . . . . . . . . . . . . 37700 175,367

BRIM Subsidy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40300 150,751

Rural Health Initiative – Medical Schools Support. . . . . . . . . . 58100 418,652

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,203,104

Any unexpended balance remaining in the appropriation for Rural Health Outreach Programs (fund 0336, appropriation 37700) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Rural Health Outreach Programs (fund 0336, appropriation 37700) includes rural health activities and programs; rural residency development and education; and rural outreach activities.

The above appropriation for BRIM subsidy (fund 0336, appropriation 40300) shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the ‘Total Premium Billed’ to the institution as part of the full cost of their malpractice insurance coverage.

Bluefield State College. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40800 $ 5,773,680

Concord University. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41000 $ 8,913,744

Fairmont State University. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41400 $ 15,618,202

Glenville State College. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42800 $ 6,034,427

Shepherd University. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43200 $ 9,751,556

Included in the above appropriation for Shepherd University (fund 0366, appropriation 43200) is $50,000 for the Gateway Program

West Liberty University. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43900 $ 8,138,329

West Virginia State University. . . . . . . . . . . . . . . . . . . . . . . . . . 44100 $ 10,733,691

West Virginia State University Land Grant Match. . . . . . . . . . 95600 1,649,709

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,383,400

(Including claims against the state). . . . . . . . . . . . . . . . . . . . $ 4,305,776,000

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 2, Chapter 11B of the Code the following amounts, as itemized, for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 23,278,949

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 16,204,124

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 144,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,080,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 10,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 2,600,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 61,656

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,378,729

Debt Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04000 $ 37,000,000

Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23700 361,480,000

Secondary Road Maintenance. . . . . . . . . . . . . . . . . . . . . . . . 27200 40,000,000

Bridge Repair and Replacement. . . . . . . . . . . . . . . . . . . . . . . . . 27300 20,000,000

Inventory Revolving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27500 4,000,000

Equipment Revolving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27600 15,000,000

General Operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27700 52,285,000

Interstate Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27800 120,000,000

Other Federal Aid Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27900 371,856,000

Appalachian Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28000 90,000,000

Nonfederal Aid Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . 28100 15,000,000

Highway Litter Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28200 1,740,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,128,361,000

The above appropriations are to be expended in accordance with the provisions of Chapters 17 and 17C 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 in addition to the above appropriations, sufficient money for the payment of claims, accrued or arising during this budgetary period, to be paid in accordance with Sections 17 and 18, Article 2, Chapter 14 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 by appropriation may be transferred to other appropriations upon recommendation of the commissioner and approval of the Governor.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,585,201

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 344,278

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 7,500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,951,979

(Including claims against the state). . . . . . . . . . . . . . . . . . . . $ 1,174,422,141

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 2, Chapter 11B of the Code the following amounts, as itemized, for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 498,020

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 133,903

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Economic Loss Claim Payment Fund. . . . . . . . . . . . . . . . . . . . 33400 3,460,125

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 3,700

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,096,748

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 1,200,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 172,800

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 512,126

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 684,926

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 642,647

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 15,139

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 440,291

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 2,600

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 426,741

Cost of Delinquent Land Sales. . . . . . . . . . . . . . . . . . . . . . . . . . 76800 1,341,168

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,868,586

There is hereby appropriated from this fund, in addition to the above appropriations if needed, the necessary amount for the expenditure of funds other than personal services and employee benefits to enable the division to pay the direct expenses relating to land sales as provided in Chapter 11A of the West Virginia Code.

The total amount of these appropriations shall be paid from the special revenue fund out of fees and collections as provided by law.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 308,087

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 62,030

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 6,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,805

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 50,000

Statutory Revenue Distribution. . . . . . . . . . . . . . . . . . . . . . . . . 74100 1,500,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,936,922

There is hereby appropriated from this fund, in addition to the above appropriations if needed, the amount necessary to meet the transfer and revenue distribution requirements to provide a proportionate share of rebates back to the general revenue fund of local governments based on utilization of the program in accordance with W.Va. Code §6-9-2b.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,882,510

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 31,866

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 838,830

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 12,400

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 19,700

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 673,326

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,458,632

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 300,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 W.Va. Code §12-3-10c.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,499,307

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,578,622

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 650,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 308,886

Statutory Revenue Distribution. . . . . . . . . . . . . . . . . . . . . . . . . 74100 4,000,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,042,315

There is hereby appropriated from this fund, in addition to the above appropriations if needed, the amount necessary to meet the transfer and revenue distribution requirements to the Purchasing Improvement Fund (fund 2264), the Hatfield-McCoy Regional Recreation Authority and the State Park Operating Fund (fund 3265) per W.Va. Code §12-3-10d.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,405,512

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 765,915

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,221,427

Workers’ Compensation Subsidy. . . . . . . . . . . . . . . . . . . . . 83200 $ 2,500,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 769,227

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 14,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 625,404

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,408,631

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 183,074

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 4,700

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 228,875

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 60,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 476,649

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,244,245

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 37,425

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,356,184

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 58,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 36,209

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,742,563

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 73,807

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 10,476

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 963,404

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,047,687

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 2,100

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 129,500

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 47,400

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 31,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 210,000

The above appropriations shall be expended in accordance with Article 26, Chapter 19 of the Code.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 309,248

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 15,173

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,167,464

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 238,722

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 249,393

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 20,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 958,864

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 45,807

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 3,410,542

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 128,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 27,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,580,713

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 100,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 100

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 7,500

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 356,900

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 142,803

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 3,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 507,703

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 210,226

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 48,615

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 3,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 266,841

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 901,135

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 791,051

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 4,524

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 8,036

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 803,611

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,769,898

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 25,529

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 796,716

Technology Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59900 750,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,342,143

Tobacco Settlement Securitization Trustee Pass Thru. . . . . . . . 65000 $ 80,000,000

Tobacco Settlement Fund – Transfer. . . . . . . . . . . . . . . . . . . . . 90200 6,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 80,006,000

The above appropriation for Tobacco Settlement Fund – Transfer (appropriation 90200) shall be transferred to the Division of Health (fund 5124, org 0506) for expenditure.

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 34,472,000

The above appropriation for Current Expenses (fund 2044, appropriation 13000) shall be transferred to the Consolidated Public Retirement Board – West Virginia Teachers’ Retirement System Employers Accumulation Fund (fund 2601).

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 23,378,322

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 382,354

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 11,394,766

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 2,034,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,045,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,235,442

The total amount of these appropriations 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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 655,208

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 2,382

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 238,115

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 2,500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 2,500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 810

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 906,515

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 540,889

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 5,562

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 393,066

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,500,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 500,500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 850

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,941,867

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 722,586

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 4,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 8,130,614

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 12,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 800,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 2,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,671,200

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 1,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 149,700

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 400,237

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 100

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 100

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 552,237

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,942,590

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 51,418

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,062,813

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 20,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 60,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,141,821

The total amount of these appropriations shall be paid from a special revenue fund out of fees collected by the division of personnel.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 249,242

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 5,523

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 294,528

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 600

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 552,393

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 399,911

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 6,949

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 227,116

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 50,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 694,976

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

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,264,328

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 282,202

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 53,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,599,530

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 224,433

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 87,036

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 11,250

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 322,719

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 37,966

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 2,182

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 141,631

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 6,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 20,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 218,279

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,528,219

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 30,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,482,760

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,040,979

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 2,840,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,519,374

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 21,589

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 597,995

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 15,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 5,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,158,958

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 176,772

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 2,261

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 44,112

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 2,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 226,145

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 84,380

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,380

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 49,765

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,500

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 138,025

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 79,316

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,281

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 44,520

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 2,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 128,117

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 133,768

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,847

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 43,700

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 3,404

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 184,719

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 48,000

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 81,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 76,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 205,000

Wildlife Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02300 $ 5,551,895

Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15500 1,387,974

Capital Improvements and Land Purchase (R) . . . . . . . . . . . . . 24800 1,387,973

Law Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80600 5,551,895

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,879,737

The total amount of these appropriations shall be paid from a special revenue fund out of fees collected by the Division of Natural Resources.

Any unexpended balance remaining in the appropriation for Capital Improvements and Land Purchase (fund 3200, appropriation 24800) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 125,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 678,109

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 201,930

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 106,615

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 986,654

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 189,520

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 157,864

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 15,016

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 8,300

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 8,300

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,000,000

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 31,700

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,410,700

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 62,704

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 64,778

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,297

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 6,969

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 135,748

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 200

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 19,800

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 471,606

WV Mining Extension Service. . . . . . . . . . . . . . . . . . . . . . . . . 02600 150,000

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 40,985

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,954,557

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 481,358

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 1,000,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,098,506

Energy Assistance – Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64700 $ 172,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 430,724

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 8,300

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 394,191

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 4,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 838,215

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 134,000

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 265,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000

SBA Construction Grants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24000 $ 37,217,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,086,552

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 249,750

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 7,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 26,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,369,802

The above appropriations are for the administrative expenses of the School Building Authority and shall be paid from the interest earnings on debt service reserve accounts maintained on behalf of said authority.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,169,194

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 17,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 707,223

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 57,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,963,917

Any unexpended balance remaining in the appropriation for Educational Enhancements (fund 3508, appropriation 69500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 211,418

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 862,241

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 75,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 52,328

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,202,987

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 119,738

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 220,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,180,122

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 85,500

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 150,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 150,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,905,360

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 804,189

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,059,077

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 4,403

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,873,669

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 200,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 701,197

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 187,733

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 4,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 2,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 895,430

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 935,324

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,251,510

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 13,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 53,105

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,262,939

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,350,829

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 16,402,506

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 79,950

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 130,192

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 32,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,995,477

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 163,594

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 512,329

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 675,923

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,899,788

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,414,609

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 15,600

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 8,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 15,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,352,997

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 4,635,449

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,407,012

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 60,260

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 85,134

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 57,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,245,355

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 441,543

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 350,940

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,350

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 3,610

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 3,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 804,943

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 643,319

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 433,002

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 7,014

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 9,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 11,700

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,104,035

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 779,261

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 3,657,693

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,150

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 31,500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,479,604

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,913,948

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,178,850

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 31,930

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 28,356

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 25,554

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,178,638

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 5,658,302

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,560,534

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 74,045

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 106,927

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 44,249

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,444,057

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 296,164

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 94,688

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 6,500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 126,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 524,352

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 11,294,705

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 2,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,298,205

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 60,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 544,553

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,237,354

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 800

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 2,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,785,707

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,228,345

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 649,909

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 20,112

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 23,725

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 15,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,937,591

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 157,224

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 161,225

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 9,481

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 330,430

Institutional Facilities Operations. . . . . . . . . . . . . . . . . . . . . . . 33500 $ 6,000

Additional funds have been appropriated in fund 0525, fiscal year 2016, organization 0506 and fund 5156, fiscal year 2016, 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 appropriation for Institutional Facilities Operations to facilitate cost effective and cost saving services at the community level.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 876,771

Unclassified.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 15,500

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 685,954

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 30,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 441,834

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,050,059

Institutional Facilities Operations. . . . . . . . . . . . . . . . . . . . . . . 33500 $ 56,708,911

Medical Services Trust Fund – Transfer. . . . . . . . . . . . . . . . . . 51200 27,800,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,508,911

The total amount of these appropriations shall be paid from the hospital services revenue account special fund created by W.Va. Code §16-1-13 and shall be used for operating expenses and for improvements in connection with existing facilities.

Additional funds have been appropriated in fund 0525, fiscal year 2016, organization 0506 and fund 5124, fiscal year 2016, 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 appropriation for Institutional Facilities Operations 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 fund or in connection with the appropriation designated Institutional Facilities Operations in the Consolidated Medical Service Fund (fund 0525, organization 0506).

From the above appropriation to Institutional Facilities Operations, together with available funds from the Consolidated Medical Services Fund (fund 0525, appropriation 33500) on July 1, 2015, the sum of $160,000 shall be transferred to the Department of Agriculture – Land Division – Farm Operation Fund (1412) 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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 912,657

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 18,114

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 850,133

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 30,583

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,811,487

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 605,950

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 7,113

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 98,247

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 711,310

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 88,582

Unclassified.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 18,477

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,740,699

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,847,758

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 19,100

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 373

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 17,875

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,348

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 707,545

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 223,999

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 21,468,438

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,399,982

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 7,579

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 3,033,821

Hospital Assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02500 600,000

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 67,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,837,945

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 25,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 50,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 25,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,738,766

The above appropriation is to be expended in accordance with and pursuant to the provisions of W.Va. Code §16-29B 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 fund 5375 to the West Virginia Health Information Network Account (fund 5380) as authorized per W.Va. Code §16-29G-4.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 729,000

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 20,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,251,000

Technology Infrastructure Network. . . . . . . . . . . . . . . . . . . . . . 35100 3,500,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,500,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 2,000,000

Medical Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18900 $ 198,381,008

Medical Services Administrative Costs. . . . . . . . . . . . . . . . . . . 78900 418,992

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 198,800,000

The above appropriation for Medical Services Administrative Costs (fund 5090, appropriation 78900) 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).

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 24,809,509

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 380,000

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 12,810,491

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000

Any unexpended balances remaining in the appropriations for Unclassified (fund 5094, appropriation 09900) and Current Expenses (fund 5094, appropriation 13000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Medical Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18900 $ 60,723,077

Medical Services Administrative Costs. . . . . . . . . . . . . . . . . . . 78900 548,723

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 61,271,800

The above appropriation to Medical Services shall be used to provide state match of Medicaid expenditures as defined and authorized in subsection (c) of W.Va. Code §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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 89,392

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 16,031

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,497,688

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,603,111

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 1,077,982

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 1,065,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 3,250,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 10,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 25,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 32,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,643,528

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 750,000

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 485,652

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 300,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 770,820

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000

From the above appropriations, the Adjutant General may receive and expend funds to conduct operations and activities to include functions of the Military Authority. The Adjutant General may transfer funds between appropriations, except no funds may be transferred to Personal Services and Employee Benefits (fund 6057, appropriation 00100).

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 2,000,000

Any unexpended balance remaining in the appropriation for Unclassified – Total (fund 6295, appropriation 09600) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,013,793

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 9,804

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 408,480

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 30,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 40,129

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,502,206

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,212,105

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 261,283

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 4,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 350,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 534,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 5,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 302,432

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,669,320

The total amount of these appropriations shall be paid from the special revenue fund out of fees collected for inspection stickers as provided by law. Per W.Va. §17C-16-5(a) any balance remaining in the fund on the last day of June of each fiscal year, not required for the administration and enforcement of the provisions of this article, shall be transferred to the state road fund.

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 1,327,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 3,491,895

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 154,452

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,973,347

The total amount of these appropriations shall be paid from the special revenue fund out of receipts collected pursuant to W.Va. Code §11-15-9a and 16 and paid into a revolving fund account in the state treasury.

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 $ 443,980

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 1,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 77,222

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 522,202

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 114,063

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 157,002

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 40,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 45,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 366,065

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 236,881

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 51,443

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 200,500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 500

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 18,524

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 508,348

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 8,300

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 160,000

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 40,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,971,039

Debt Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04000 9,000,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 495,852

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 4,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,743

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,472,634

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,848,036

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 3,800

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,238,550

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 54,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 50,800

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 12,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,257,686

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 152,000

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 750

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,846,250

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 21,865

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,478,135

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,409,034

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 32,290

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 719,042

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 20,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 47,710

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,229,076

Medical Services Trust Fund – Transfer. . . . . . . . . . . . . . . . . . 51200 $ 27,794,077

The above appropriation for Medical Services Trust Fund – Transfer (appropriation 51200) shall be transferred to the Medical Services Trust Fund (fund 5185).

The above appropriation does not affect the provisions of W.Va. Code Chapter 11B-2-20(e).

Directed Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70000 20,000,000

The above appropriation for Directed Transfer shall be transferred to the Consolidated Public Retirement Board – West Virginia Public Employees Retirement System Employers Accumulation Fund (fund 2510).

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 23,459

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 7,717

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,176

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 655,203

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 9,500

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 273,297

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 7,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 950,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 254,162

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 5,406

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 259,568

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 35,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 15,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 908,968

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 10,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 84,563

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,009,531

Public Employees Insurance Reserve Fund – Transfer. . . . . . . 90300 $ 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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 718,525

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,359,793

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 3,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 81,374

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 8,289

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 11,426

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,182,407

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 550,184

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 204,196

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 34,225

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 4,865

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 19,460

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 817,930

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 24,951,887

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 8,547,598

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 68,614

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,906,240

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 25,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 500,661

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,000,000

Employee Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 01000 $ 100,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 549,900,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 550,000,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 27,000,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 5,000,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 10,000,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 $ 500,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 246,489

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 105,878

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 100

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 352,467

Medical Expenses – Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24500 $ 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 fund except for hospitalization, medical care and/or funeral expenses for persons contributing to this fund.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 256,665

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 93,335

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 5,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 355,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,271,339

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 566,248

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 7,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,894,587

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 864,474

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 214,406

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 200,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,278,880

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 122,339

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 69,186

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 7,263

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 100,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 308,888

To the extent permitted by law, four classified exempt positions shall be provided from Personal Services and Employee Benefits appropriation for field auditors.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 5,413,237

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,897,577

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 84,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 108,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 100

Purchase of Supplies for Resale. . . . . . . . . . . . . . . . . . . . . . . . . 41900 71,000,000

Transfer Liquor Profits and Taxes. . . . . . . . . . . . . . . . . . . . . . . 42500 16,070,724

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 100

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 95,573,838

The total amount of these appropriations shall be paid from a special revenue fund out of liquor revenues and any other revenues available.

The above appropriations include the salary of the commissioner and the salaries, expenses and equipment of administrative offices, warehouses and inspectors.

The above appropriations include funding for the Tobacco/Alcohol Education Program.

There is hereby appropriated from liquor revenues, in addition to the above appropriations as needed, the necessary amount for the purchase of liquor as provided by law and the remittance of profits and taxes to the General Revenue Fund.

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 189,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,852,799

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 4,896,057

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 75,000

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 16,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 61,655

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,911,511

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 1,650,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 10,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 7,990,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 94,210

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,255,997

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,380,207

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 700,000

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 151,290

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 10,348,710

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,500,000

The total amount of these appropriations are funded from annual table game license fees to enable the aged and disabled citizens of West Virginia to stay in their homes through the provision of home and community-based services.

General Capital Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . 30600 $ 500,000

The total amount of this appropriation shall be paid from the special capital improvements fund created in W.Va. Code §18B-10-8. Projects are to be paid on a cash basis and made available on July 1 of each year and may be transferred to special revenue funds for capital improvement projects at the institutions.

Debt Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04000 $ 28,901,910

General Capital Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . 30600 13,000,000

Facilities Planning and Administration. . . . . . . . . . . . . . . . . . . 38600 421,082

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,322,992

The total amount of these appropriations shall be paid from the special capital improvement fund created in W.Va. Code §18B-10-8. 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.

Any unexpended balance remaining in the appropriation for Capital Outlay (fund 4906, appropriation 51100) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

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 W.Va. Code §18-12B-8, which have since been refunded.

Any unexpended balance remaining in the appropriation for Capital Improvements – Total (fund 4908, appropriation 95800) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The total amount of this appropriation shall be paid from the sale of the 2009 Series A Community and Technical College Capital Improvement Revenue Bonds and anticipated interest earnings.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 10,274,340

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 4,524,300

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 425,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 512,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 150,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,935,640

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 504,497

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 239,969

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 744,466

The total amount of these appropriations shall be paid from a special revenue fund out of collections made by the board of barbers and cosmetologists as provided by law.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 72,682

Unclassified.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,450

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 71,039

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,171

The total amount of these appropriations shall be paid from the special revenue fund out of fees and collections as provided by Article 29A, Chapter 16 of the Code.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 427,915

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 55,542

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 483,457

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,082,344

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 295,214

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 3,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 19,500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 4,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,404,558

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 11,807,314

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 147,643

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,594,398

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 55,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 160,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 4,500,000

PSC Weight Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34500 4,405,884

Debt Payment/Capital Outlay. . . . . . . . . . . . . . . . . . . . . . . . . . . 52000 350,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 114,609

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,134,848

The total amount of these appropriations shall be paid from a special revenue fund out of collections for special license fees from public service corporations as provided by law.

The Public Service Commission is authorized to transfer up to $500,000 from this fund to meet the expected deficiencies in the Motor Carrier Division (fund 8625, org 0926) due to the amendment and reenactment of W.Va. Code §24A-3-1 by Enrolled House Bill Number 2715, Regular Session, 1997.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 284,198

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 3,851

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 93,115

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 4,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 385,164

The total amount of these appropriations 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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,243,526

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 29,233

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 577,557

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 23,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 50,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,923,316

The total amount of these appropriations 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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 743,372

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 276,472

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 4,532

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,034,376

The total amount of these appropriations shall be supported by cash from a special revenue fund out of collections made by the Public Service Commission.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 582,413

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 285,622

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 883,035

The total amount of these appropriations shall be paid out of collections of license fees as provided by law.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 73,190

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 65,623

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 138,813

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 78,880

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 51,750

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 400

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 131,030

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 8,648

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 14,352

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 102,398

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 24,668

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 127,066

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 997,752

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 813,789

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 20,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,831,541

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 6,713,066

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 430,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 42,306,934

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 100,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 250,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 100,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 711,966

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 12,667

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 482,574

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 59,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,766,707

There is hereby appropriated from this fund, in addition to the above appropriation if needed, an 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 Article 6C, Chapter 12 of the Code.

The total amount of these appropriations shall be paid from the special revenue fund out of fees and collections as provided by law.

(Including claims against the state). . . . . . . . . . . . . . . . . . . . $ 1,814,439,126

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 W.Va. Code §29-22-18, 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, Fund 9067 and Fund 3514 and is authorized to transfer any such amounts to Fund 9065, Fund 4297, Fund 9067 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.

Debt Service – Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31000 $ 10,000,000

Tourism – Telemarketing Center. . . . . . . . . . . . . . . . . . . . . . . . 46300 $ 82,080

WV Film Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49800 340,434

Tourism – Advertising (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61800 3,571,419

Tourism – Operations (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66200 4,006,373

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,000,306

Any unexpended balances remaining in the appropriations for Tourism – Advertising (fund 3067, appropriation 61800) and Tourism – Operations (fund 3067, appropriation 66200) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,133,913

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 47,127

Pricketts Fort State Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32400 111,000

Non-Game Wildlife (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52700 389,234

State Parks and Recreation Advertising (R). . . . . . . . . . . . . . . . 61900 507,578

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,188,852

Any unexpended balances remaining in the appropriations for Unclassified (fund 3267, appropriation 09900), Capital Outlay – Parks (fund 3267, appropriation 28800), Non-Game Wildlife (fund 3267, appropriation 52700) and State Parks and Recreation Advertising (fund 3267, appropriation 61900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

FBI Checks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37200 $ 108,031

Vocational Education Equipment Replacement. . . . . . . . . . . . . 39300 800,000

Assessment Program (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39600 2,935,751

Network Tools and Support (R). . . . . . . . . . . . . . . . . . . . . . 93300 14,108,744

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,952,526

Any unexpended balances remaining in the appropriations for Unclassified (fund 3951, appropriation 09900), Current Expenses (fund 3951, appropriation 13000), Assessment Program (fund 3951, appropriation 39600) and 21st Century Technology Infrastructure Network Tools and Support (fund 3951, appropriation 93300) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Debt Service – Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31000 $ 7,507,700

Directed Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70000 10,492,300

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,000,000

The School Building Authority shall have the authority to transfer between the above appropriations in accordance with W.Va. Code §29-22-18.

Unclassified (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 15,881

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 104,119

Governor’s Honors Academy (R). . . . . . . . . . . . . . . . . . . . . . . 47800 400,000

Arts Programs (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50000 81,165

College Readiness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57900 154,906

Statewide STEM 21^st Century Academy. . . . . . . . . . . . . . . . . . 89700 130,000

Literacy Project (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89900 350,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,586,412

Any unexpended balances remaining in the appropriations for Unclassified (fund 3508, appropriation 09900), Governor’s Honors Academy (fund 3508, appropriation 47800), Arts Programs (fund 3508, appropriation 50000) and Literacy Project (fund 3508, appropriation 89900) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Huntington Symphony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02700 $ 82,025

Preservation West Virginia (R). . . . . . . . . . . . . . . . . . . . . . . . . 09200 652,799

Fairs and Festivals (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12200 1,853,663

Historic Preservation Grants (R). . . . . . . . . . . . . . . . . . . . . . . . 31100 368,368

West Virginia Public Theater. . . . . . . . . . . . . . . . . . . . . . . . . . . 31200 166,693

Greenbrier Valley Theater. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42300 138,254

Theater Arts of West Virginia. . . . . . . . . . . . . . . . . . . . . . . . . . 46400 125,000

Marshall Artists Series. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51800 50,008

Grants for Competitive Arts Program (R). . . . . . . . . . . . . . . . . 62400 731,000

West Virginia State Fair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65700 43,391

Save the Music. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68000 30,000

Contemporary American Theater Festival. . . . . . . . . . . . . . . . . 81100 79,558

Independence Hall. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81200 37,885

Mountain State Forest Festival. . . . . . . . . . . . . . . . . . . . . . . . . . 86400 53,038

WV Symphony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90700 82,025

Wheeling Symphony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90800 82,025

Appalachian Children’s Chorus. . . . . . . . . . . . . . . . . . . . . . . . . 91600 75,770

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,745,102

Any unexpended balances remaining in the appropriations for Preservation West Virginia (fund 3534, appropriation 09200), Fairs and Festivals (fund 3534, appropriation 12200), Archeological Curation/Capital Improvements (fund 3534, appropriation 24600), Historic Preservation Grants (fund 3534, appropriation 31100), Grants for Competitive Arts Program (fund 3534, appropriation 62400) and Project ACCESS (fund 3534, appropriation 86500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Preservation West Virginia (fund 3534, appropriation 09200) African-American Heritage Family Tree Museum (Fayette) $3,713, Aracoma Story (Logan) $41,254, Arts Monongahela (Monongalia) $16,502, Barbour County Arts and Humanities Council $1,238, Beckley Main Street (Raleigh) $4,125, Buffalo Creek Memorial (Logan) $4,125, Carnegie Hall (Greenbrier) $65,138, Ceredo Historical Society (Wayne) $1,650, Ceredo Kenova Railroad Museum (Wayne) $1,650, Ceredo Museum (Wayne) $1,000, Children’s Theatre of Charleston (Kanawha) $4,343, Chuck Mathena Center (Mercer) $86,850, Collis P. Huntington Railroad Historical Society (Cabell) $8,251, Country Music Hall of Fame and Museum (Marion) $5,776, First Stage Children’s Theater Company $1,650, Flannigan Murrell House (Summers) $8,251, Fort Ashby Fort (Mineral) $1,238, Fort New Salem (Harrison) $3,053, Fort Randolph (Mason) $4,125, General Adam Stephen Memorial Foundation (Berkeley) $15,286, Grafton Mother’s Day Shrine Committee (Taylor) $7,013, Hardy County Tour and Crafts Association $16,502, Heritage Farm Museum & Village (Cabell) $41,254, Historic Fayette Theater (Fayette) $4,538, Historic Middleway Conservancy (Jefferson) $825, Jefferson County Black History Preservation Society $4,125, Jefferson County Historical Landmark Commission $6,601, Maddie Carroll House (Cabell) $6,188, Marshall County Historical Society $7,013, McCoy Theater (Hardy) $16,502, Morgantown Theater Company (Monongalia) $16,502, Mountaineer Boys’ State (Lewis) $8,251, Nicholas Old Main Foundation (Nicholas) $1,650, Norman Dillon Farm Museum (Berkeley) $8,251, Old Opera House Theater Company (Jefferson) $12,376, Parkersburg Arts Center (Wood) $16,502, Pocahontas Historic Opera House $4,950, Raleigh County All Wars Museum $8,251, Rhododendron Girl’s State (Ohio) $8,251, Roane County 4-H and FFA Youth Livestock Program $4,125, Scottish Heritage Society/N. Central WV (Harrison) $4,125, Society for the Preservation of McGrew House (Preston) $2,888, Southern West Virginia Veterans’ Museum $3,713, Summers County Historic Landmark Commission $4,125, Those Who Served War Museum (Mercer) $3,300, Three Rivers Avian Center (Summers) $12,376, Tug Valley Arts Council (Mingo) $4,125, Tug Valley Chamber of Commerce Coal House (Mingo) $1,650, Tunnelton Historical Society (Preston) $1,650, Veterans Committee for Civic Improvement of Huntington (Wayne) $4,125, West Virginia Museum of Glass (Lewis) $4,125, West Virginia Music Hall of Fame (Kanawha) $28,878, YMCA Camp Horseshoe (Tucker) $82,508, Youth Museum of Southern West Virginia (Raleigh) $9,901, Z.D. Ramsdell House (Wayne) $1,000.

From the above appropriation for Fairs and Festivals (fund 3534, appropriation 12200) funding shall be provided to the African-American Cultural Heritage Festival (Jefferson) $4,125, Alderson 4th of July Celebration (Greenbrier) $4,125, Allegheny Echo (Pocahontas) $6,189, Alpine Festival/Leaf Peepers Festival (Tucker) $9,282, American Civil War (Grant) $4,343, American Legion Post 8 Veterans Day Parade (McDowell) $1,737, Angus Beef and Cattle Show (Lewis) $1,238, Annual Birch River Days (Nicholas) $1,800, Annual Don Redman Heritage Concert & Awards (Jefferson) $1,303, Annual Ruddle Park Jamboree (Pendleton) $6,514, Antique Market Fair (Lewis) $1,650, Apollo Theater-Summer Program (Berkeley) $1,650, Appalachian Autumn Fest (Gilmer) $3,325, Apple Butter Festival (Morgan) $4,950, Arkansaw Homemaker’s Heritage Weekend (Hardy) $2,888, Armed Forces Day-South Charleston (Kanawha) $2,475, Arthurdale Heritage New Deal Festival (Preston) $4,125, Athens Town Fair (Mercer) $1,650, Augusta Fair (Randolph) $4,125, Autumn Harvest Fest (Monroe) $1,900, Barbour County Fair $20,627, Barboursville Octoberfest (Cabell) $4,125, Bass Festival (Pleasants) $1,527, Battelle District Fair (Monongalia) $4,125, Battle of Dry Creek (Greenbrier) $1,238, Battle of Point Pleasant Memorial Committee (Mason) $4,125, Belle Town Fair (Kanawha) $3,713, Belleville Homecoming (Wood) $16,502, Bergoo Down Home Days (Webster) $2,063, Berkeley County Youth Fair $15,264, Black Bear 4K Mountain Bike Race (Kanawha) $950, Black Heritage Festival (Harrison) $4,950, Black Walnut Festival (Roane) $8,251, Blast from the Past (Upshur) $2,000, Blue-Gray Reunion (Barbour) $2,888, Boone County Fair $8,251, Boone County Labor Day Celebration $3,300, Bradshaw Fall Festival (McDowell) $1,650, Brandonville Heritage Day (Preston) $1,455, Braxton County Fair $9,489, Braxton County Monster Fest / West Virginia Autumn Festival $2,063, Brooke County Fair $2,888, Bruceton Mills Good Neighbor Days (Preston) $1,650, Buckwheat Festival (Preston) $7,014, Buffalo 4th of July Celebration (Putnam) $475, Buffalo October Fest (Putnam) $4,500, Burlington Apple Harvest Festival (Mineral) $24,752, Burlington Pumpkin Harvest Festival (Raleigh) $4,125, Burnsville Harvest Festival (Braxton) $1,954, Cabell County Fair $8,251, Calhoun County Wood Festival $1,650, Campbell’s Creek Community Fair (Kanawha) $2,063, Cape Coalwood Festival Association (McDowell) $2,063, Capon Bridge Founders Day Festival (Hampshire) $1,650, Capon Springs Ruritan 4th of July (Hampshire) $950, Cass Homecoming (Pocahontas) $1,650, Cedarville Town Festival (Gilmer) $950, Celebration in the Park (Wood) $3,300, Celebration of America (Monongalia) $4,950, Ceredo Freedom Festival (Wayne) $973, Chapmanville Apple Butter Festival (Logan) $950, Chapmanville Fire Department 4th of July (Logan) $2,475, Charles Town Christmas Festival (Jefferson) $4,125, Charles Town Heritage Festival (Jefferson) $4,125, Charlie West Blues Festival (Kanawha) $8,251, Cherry River Festival (Nicholas) $5,363, Chester Fireworks (Hancock) $1,238, Chester 4th of July Festivities (Hancock) $4,125, Chief Logan State Park-Civil War Celebration (Logan) $6,601, Chilifest West Virginia State Chili Championship (Cabell) $2,171, Christmas In Our Town (Marion) $4,343, Christmas in Shepherdstown (Jefferson) $3,300, Christmas in the Park (Brooke) $4,125, Christmas in the Park (Logan) $20,627, City of Dunbar Critter Dinner (Kanawha) $8,251, City of New Martinsville Festival of Memories (Wetzel) $9,076, Clay County Golden Delicious Apple Festival $5,776, Coal Field Jamboree (Logan) $28,878, Coalton Days Fair (Randolph) $5,776, Country Roads Festival (Fayette) $1,650, Cowen Railroad Festival (Webster) $2,888, Craigsville Fall Festival (Nicholas) $2,888, Culturefest World Music & Arts Festival (Mercer) $6,514, Delbarton Homecoming (Mingo) $2,888, Doddridge County Fair $5,776, Durbin Days (Pocahontas) $4,125, Eastern Kanawha Valley Homecoming Festival (Kanawha) $2,171, Elbert/Filbert Reunion Festival (McDowell) $1,238, Elizabethtown Festival (Marshall) $4,125, Elkins Randolph County 4th of July Car Show (Randolph) $1,650, Fairview 4th of July Celebration (Marion) $950, Farm Safety Day (Preston) $1,650, Farmer Day Festival (Monroe) $1,737, Farmers’ Day Parade (Wyoming) $1,000, FestivALL Charleston (Kanawha) $16,502, Fiber Festival (Preston) $1,500, Flatwoods Days (Braxton) $973, Flemington Day Fair and Festival (Taylor) $2,888, Follansbee Community Days (Brooke) $6,807, Fort Gay Mountain Heritage Days (Wayne) $4,125, Fort Henry Days (Ohio) $4,373, Fort Henry Living History (Ohio) $2,171, Fort New Salem Spirit of Christmas Festival (Harrison) $3,378, Frankford Autumnfest (Greenbrier) $4,125, Franklin Fishing Derby (Pendleton) $6,189, Franklin Firemen Carnival (Pendleton) $4,125, Freshwater Folk Festival (Greenbrier) $4,125, Friends Auxiliary of W.R. Sharpe Hospital (Lewis) $4,125, Frontier Days (Harrison) $2,475, Frontier Fest/Canaan Valley (Taylor) $4,125, Fund for the Arts-Wine & All that Jazz Festival (Kanawha) $2,063, Gassaway Days Celebration (Braxton) $4,125, Gilbert Elementary Fall Blast (Mingo) $2,171, Gilbert Kiwanis Harvest Festival (Mingo) $3,300, Gilbert Spring Fling (Mingo) $4,125, Gilmer County Farm Show $3,300, Grant County Arts Council $1,650, Grape Stomping Wine Festival (Nicholas) $1,650, Great Greenbrier River Race (Pocahontas) $8,251, Greater Quinwood Days (Greenbrier) $1,086, Green Spring Days (Hampshire) $950, Guyandotte Civil War Days (Cabell) $8,251, Hamlin 4th of July Celebration (Lincoln) $4,125, Hampshire Civil War Celebration Days (Hampshire) $950, Hampshire County 4th of July Celebration $16,502, Hampshire County Fair $6,948, Hampshire Heritage Days (Hampshire) $3,300, Hancock County Oldtime Fair $4,125, Hardy County Commission - 4th of July $8,251, Hatfield McCoy Matewan Reunion Festival (Mingo) $17,125, Hatfield McCoy Trail National ATV and Dirt Bike Weekend (Wyoming) $4,125, Heat’n the Hills Chilifest (Lincoln) $3,474, Heritage Craft Festival (Monroe) $950, Heritage Days Festival (Roane) $1,238, Hilltop Festival (Cabell) $950, Hilltop Festival of Lights (McDowell) $1,650, Hinton Railroad Days (Summers) $4,538, Holly River Festival (Webster) $1,238, Hometown Mountain Heritage Festival (Fayette) $3,378, Hundred 4th of July (Wetzel) $5,982, Hundred American Legion Earl Kiger Post Bluegrass Festival (Wetzel) $1,650, Hurricane 4th of July Celebration (Putnam) $4,125, Iaeger Town Fair (McDowell) $1,238, Irish Heritage Festival of West Virginia (Raleigh) $4,125, Irish Spring Festival (Lewis) $950, Italian Heritage Festival-Clarksburg (Harrison) $24,752, Jackson County Fair $4,125, Jamboree (Pocahontas) $4,125, Jane Lew Arts and Crafts Fair (Lewis) $950, Jefferson County Fair Association $20,627, Jersey Mountain Ruritan Pioneer Days (Hampshire) $950, John Henry Days Festival (Monroe) $4,125, Johnnie Johnson Blues and Jazz Festival (Marion) $4,125, Johnstown Community Fair (Harrison) $2,063, Junior Heifer Preview Show (Lewis) $1,650, Kanawha Coal Riverfest-St. Albans 4th of July Festival (Kanawha) $4,125, Keeper of the Mountains-Kayford (Kanawha) $2,063, Kenova Autumn Festival (Wayne) $6,080, Kermit Fall Festival (Mingo) $2,475, Keystone Reunion Gala (McDowell) $2,171, King Coal Festival (Mingo) $4,125, Kingwood Downtown Street Fair and Heritage Days (Preston) $1,650, L.Z. Rainelle West Virginia Veterans Reunion (Greenbrier) $4,125, Lady of Agriculture (Preston) $950, Larry Joe Harless Center Octoberfest Hatfield McCoy Trail (Mingo) $8,251, Larry Joe Harless Community Center Spring Middle School Event (Mingo) $4,125, Last Blast of Summer (McDowell) $4,125, Lewis County Fair Association $2,888, Lewisburg Shanghai (Greenbrier) $1,650, Lincoln County Fall Festival $6,601, Lincoln County Winterfest $4,125, Little Levels Heritage Festival (Pocahontas) $1,650, Logan Freedom Festival $6,189, Lost Creek Community Festival (Harrison) $5,776, Main Street Arts Festival (Upshur) $4,343, Main Street Martinsburg Chocolate Fest and Book Fair (Berkeley) $3,908, Mannington District Fair (Marion) $4,950, Maple Syrup Festival (Randolph) $950, Marion County FFA Farm Fest $2,063, Marmet Labor Day Celebration (Kanawha) $4,275, Marshall County Antique Power Show $2,063, Marshall County Fair $6,189, Mason County Fair $4,125, Mason Dixon Festival (Monongalia) $5,776, Matewan Massacre Reenactment (Mingo) $6,950, Matewan-Magnolia Fair (Mingo) $22,128, McARTS-McDowell County $16,502, McDowell County Fair $2,063, McGrew House History Day (Preston) $1,650, McNeill’s Rangers (Mineral) $6,601, Meadow Bridge Hometown Festival (Fayette) $1,032, Meadow River Days Festival (Greenbrier) $2,475, Mercer Bluestone Valley Fair (Mercer) $1,650, Mercer County Fair $1,650, Mercer County Heritage Festival $4,825, Mid Ohio Valley Antique Engine Festival (Wood) $2,475, Milton Christmas in the Park (Cabell) $2,063, Milton 4th of July Celebration (Cabell) $2,063, Mineral County Veterans Day Parade $1,238, Molasses Festival (Calhoun) $1,650, Monongahfest (Marion) $5,211, Moon Over Mountwood Fishing Festival (Wood) $2,475, Morgan County Fair-History Wagon $1,238, Moundsville Bass Festival (Marshall) $3,300, Moundsville July 4th Celebration (Marshall) $4,125, Mount Liberty Fall Festival (Barbour) $2,063, Mountain Fest (Monongalia) $16,502, Mountain Festival (Mercer) $3,816, Mountain Music Festival (McDowell) $2,063, Mountain State Apple Harvest Festival (Berkeley) $6,189, Mountain State Arts & Crafts Fair Cedar Lakes (Jackson) $37,128, Mountaineer Hot Air Balloon Festival (Monongalia) $3,300, Mullens Dogwood Festival (Wyoming) $5,776, Multi-Cultural Festival of West Virginia (Kanawha) $16,502, Music and Barbecue - Banks District VFD (Upshur) $1,776, New Cumberland Christmas Parade (Hancock) $2,475, New Cumberland 4th of July (Hancock) $4,125, New River Bridge Day Festival (Fayette) $33,003, Newburg Volunteer Fireman’s Field Day (Preston) $950, Nicholas County Fair $4,125, Nicholas County Potato Festival $2,888, Oak Leaf Festival (Fayette) $8,685, Oceana Heritage Festival (Wyoming) $4,950, Oglebay City Park - Festival of Lights (Ohio) $66,006, Oglebay Festival (Ohio) $8,251, Ohio County Country Fair $7,426, Ohio Valley Beef Association (Wood) $2,063, Ohio Valley Black Heritage Festival (Ohio) $4,538, Old Central City Fair (Cabell) $4,125, Old Century City Fair (Barbour) $1,737, Old Tyme Christmas (Jefferson) $1,980, Paden City Labor Day Festival (Wetzel) $5,363, Parkersburg Homecoming (Wood) $12,159, Patty Fest (Monongalia) $1,650, Paw Paw District Fair (Marion) $2,888, Pax Reunion Committee (Fayette) $4,125, Pendleton County 4-H Weekend $1,650, Pendleton County Committee for Arts $12,376, Pendleton County Fair $8,685, Pennsboro Country Road Festival (Ritchie) $1,650, Petersburg 4th of July Celebration (Grant) $16,502, Petersburg HS Celebration (Grant) $8,251, Piedmont-Annual Back Street Festival (Mineral) $3,300, Pinch Reunion (Kanawha) $1,238, Pine Bluff Fall Festival (Harrison) $3,300, Pine Grove 4th of July Festival (Wetzel) $5,776, Pineville Festival (Wyoming) $4,950, Pleasants County Agriculture Youth Fair $4,125, Poca Heritage Days (Putnam) $2,475, Pocahontas County Pioneer Days $5,776, Point Pleasant Stern Wheel Regatta (Mason) $4,125, Potomac Highlands Maple Festival (Grant) $4,950, Pratt Fall Festival (Kanawha) $2,063, Princeton Autumnfest (Mercer) $2,171, Princeton Street Fair (Mercer) $4,125, Putnam County Fair $4,125, Quartets on Parade (Hardy) $3,300, Rainelle Fall Festival (Greenbrier) $4,343, Rand Community Center Festival (Kanawha) $2,063, Randolph County Community Arts Council $2,475, Randolph County Fair $5,776, Randolph County Ramp and Rails $1,650, Ranson Christmas Festival (Jefferson) $4,125, Ranson Festival (Jefferson) $4,125, Ravenswood Octoberfest (Jackson) $6,601, Renick Liberty Festival (Greenbrier) $950, Ripley 4th of July (Jackson) $12,376, Ritchie County Fair and Exposition $4,125, Ritchie County Pioneer Days $950, River City Festival (Preston) $950, Riverside Blues Festival (Randolph) $4,343, Roane County Agriculture Field Day $2,475, Rock the Park (Kanawha) $4,500, Rocket Boys Festival (Raleigh) $2,375, Romney Heritage Days (Hampshire) $2,606, Ronceverte River Festival (Greenbrier) $4,125, Rowlesburg Labor Day Festival (Preston) $950, Rupert Country Fling (Greenbrier) $2,475, Saint Spyridon Greek Festival (Harrison) $2,063, Salem Apple Butter Festival (Harrison) $3,300, Sistersville 4th of July (Tyler) $4,538, Skirmish on the River (Mingo) $1,737, Smoke on the Water (Wetzel) $2,475, South Charleston Summerfest (Kanawha) $8,251, Southern Wayne County Fall Festival $950, Spirit of Grafton Celebration (Taylor) $8,251, Springfield Peach Festival (Hampshire) $1,026, St. Albans City of Lights - December (Kanawha) $4,125, Sternwheel Festival (Wood) $2,475, Stoco Reunion (Raleigh) $2,063, Stonewall Jackson Heritage Arts & Crafts Jubilee (Lewis) $9,076, Storytelling Festival (Lewis) $475, Strawberry Festival (Upshur) $24,752, Sylvester Big Coal River Festival $2,700, Tacy Fair (Barbour) $950, Taste of Parkersburg (Wood) $4,125, Taylor County Fair $4,538, Terra Alta VFD 4th of July Celebration (Preston) $950, The Gathering at Sweet Creek (Wood) $2,475, Three Rivers Coal Festival (Marion) $6,394, Thunder on the Tygart - Mothers’ Day Celebration (Taylor) $12,376, Town of Delbarton 4th of July Celebration (Mingo) $2,475, Town of Fayetteville Heritage Festival (Fayette) $6,189, Town of Matoaka Hog Roast (Mercer) $950, Town of Rivesville 4th of July Festival (Marion) $4,343, Town of Winfield - Putnam County Homecoming $4,500, Treasure Mountain Festival (Pendleton) $20,627, Tri-County Fair (Grant) $31,318, Tucker County Arts Festival and Celebration $14,851, Tucker County Fair $3,919, Tucker County Health Fair $1,650, Tunnelton Depot Days (Preston) $950, Tunnelton Volunteer Fire Department Festival (Preston) $950, Turkey Festival (Hardy) $2,475, Tyler County Fair $4,290, Tyler County 4th of July $475, Tyler County OctoberFest $1,000, Union Community Irish Festival (Barbour) $900, Uniquely West Virginia Festival (Morgan) $1,650, Upper Kanawha Valley Oktoberfest (Kanawha) $2,063, Upper Ohio Valley Italian Festival (Ohio) $9,901, Upper West Fork Park Bluegrass Festival (Calhoun) $475, Upshur County Youth Livestock Show $2,000, Valley District Fair (Preston) $2,888, Veterans Welcome Home Celebration (Cabell) $1,303, Vietnam Veterans of America # 949 Christmas Party (Cabell) $950, Volcano Days at Mountwood Park (Wood) $4,125, War Homecoming Fall Festival (McDowell) $1,238, Wardensville Fall Festival (Hardy) $4,125, Wayne County Fair $4,125, Wayne County Fall Festival $4,125, Webster County Wood Chopping Festival $12,376, Webster Wild Water Weekend $1,650, Weirton July 4th Celebration (Hancock) $16,502, Welcome Home Family Day (Wayne) $2,640, Wellsburg 4th of July Celebration (Brooke) $6,189, Wellsburg Apple Festival of Brooke County $4,125, West Virginia Blackberry Festival (Harrison) $4,125, West Virginia Chestnut Festival (Preston) $950, West Virginia Coal Festival (Boone) $8,251, West Virginia Coal Show (Mercer) $2,171, West Virginia Dairy Cattle Show (Lewis) $8,251, West Virginia Dandelion Festival (Greenbrier) $4,125, West Virginia Fair and Exposition (Wood) $6,684, West Virginia Fireman’s Rodeo (Fayette) $2,063, West Virginia Oil and Gas Festival (Tyler) $9,076, West Virginia Peach Festival (Hampshire) $4,500, West Virginia Polled Hereford Association (Braxton) $1,238, West Virginia Poultry Festival (Hardy) $4,125, West Virginia Pumpkin Festival (Cabell) $8,251, West Virginia State Monarch Butterfly Festival (Brooke) $4,125, West Virginia Water Festival - City of Hinton (Summers) $13,201, Weston VFD 4th of July Firemen Festival (Lewis) $1,650, Wetzel County Autumnfest $4,538, Wetzel County Town and Country Days $14,026, Wheeling Celtic Festival (Ohio) $1,650, Wheeling City of Lights (Ohio) $6,601, Wheeling Sternwheel Regatta (Ohio) $8,251, Wheeling Vintage Raceboat Regatta (Ohio) $16,502, Whipple Community Action (Fayette) $2,063, Wileyville Homecoming (Wetzel) $3,300, Wine Festival and Mountain Music Event (Harrison) $4,125, Winter Festival of the Waters (Berkeley) $4,125, Wirt County Fair $2,063, Wirt County Pioneer Days $1,650, Wyoming County Civil War Days $1,800, Youth Stockman Beef Expo (Lewis) $1,650.

Any Fairs & Festivals 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.293 - Library Commission –

Books and Films. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17900 $ 360,784

Services to Libraries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18000 550,000

Grants to Public Libraries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18200 9,439,571

Digital Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30900 219,992

Infomine Network. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88400 850,646

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,420,993

Any unexpended balance remaining in the appropriation for Libraries – Special Projects (fund 3559, appropriation 62500) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 193,414

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 333,681

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Local Programs Service Delivery Costs. . . . . . . . . . . . . . . . . . . 20000 2,435,250

Silver Haired Legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20200 18,500

and Title XIX Waiver for Senior Citizens. . . . . . . . . . . . . . . 53900 20,503,026

Roger Tompkins Alzheimer’s Respite Care. . . . . . . . . . . . . . . . 64300 2,296,543

WV Alzheimer’s Hotline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72400 45,000

Regional Aged and Disabled Resource Center. . . . . . . . . . . . . 76700 425,000

Senior Services Medicaid Transfer. . . . . . . . . . . . . . . . . . . . . . 87100 8,670,000

Legislative Initiatives for the Elderly. . . . . . . . . . . . . . . . . . . . . 90400 9,671,239

Long Term Care Ombudsman. . . . . . . . . . . . . . . . . . . . . . . . . . 90500 297,226

BRIM Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91300 6,500

In-Home Services and Nutrition for Senior Citizens. . . . . . . . . 91700 4,320,941

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49,217,320

Any unexpended balance remaining in the appropriation for Senior Citizen Centers and Programs (fund 5405, appropriation 46200) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation for Current Expenses (fund 5405, appropriation 13000), is funding to support an in-home direct care workforce registry.

The above appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens (appropriation 53900) along with the federal moneys generated thereby shall be used for reimbursement for services provided under the program.

RHI Program and Site Support (R). . . . . . . . . . . . . . . . . . . . . . 03600 $ 1,912,491

RHEP Program Administration (R). . . . . . . . . . . . . . . . . . . 03700 146,653

Ed and Fiscal Oversight (R). . . . . . . . . . . . . . . . . . . . . . . . . 03800 85,813

Minority Doctoral Fellowship (R). . . . . . . . . . . . . . . . . . . . . . . 16600 129,604

Program–Student Awards. . . . . . . . . . . . . . . . . . . . . . . . . . . 16700 135,849

Health Sciences Scholarship (R). . . . . . . . . . . . . . . . . . . . . . . . 17600 220,598

Rural Health Residency Program (R). . . . . . . . . . . . . . . . . . 60100 62,725

Technology Scholarship Program. . . . . . . . . . . . . . . . . . . . . 86800 452,831

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,146,564

Any unexpended balances remaining in the appropriations for RHI Program and Site Support (fund 4925, appropriation 03600), RHI Program and Site Support – RHEP Program Administration (fund 4925, appropriation 03700), RHI Program and Site Support – Grad Med Ed and Fiscal Oversight (fund 4925, appropriation 03800), Minority Doctoral Fellowship (fund 4925, appropriation 16600), Health Sciences Scholarship (fund 4925, appropriation 17600) and Vice Chancellor for Health Sciences – Rural Health Residency Program (fund 4925, appropriation 60100) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Underwood–Smith Scholarship Program–Student Awards (appropriation 16700) shall be transferred to the Underwood – Smith Teacher Scholarship and Loan Assistance Fund (fund 4922, org 0441) established by W.Va. Code §18C-4-1.

The above appropriation for WV Engineering, Science and Technology Scholarship Program (appropriation 86800) shall be transferred to the West Virginia Engineering, Science and Technology Scholarship Fund (fund 4928, org 0441) established by W.Va. Code §18C-6-1.

Debt Service – Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31000 $ 5,000,000

Any unexpended balance remaining in the appropriation for Capital Outlay and Improvements – Total (fund 4908, appropriation 84700) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

RHI Program and Site Support (R). . . . . . . . . . . . . . . . . . . . 03500 $ 1,125,203

Health Science Technology (R). . . . . . . . . . . . . . . . . . . . . . . 62300 54,432

Health Sciences Career Opportunities Program (R). . . . . . . . . . 86900 328,462

HSTA Program (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87000 1,674,240

Center for Excellence in Disabilities (R). . . . . . . . . . . . . . . . . . 96700 305,806

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,488,143

Any unexpended balances remaining in the appropriations for WVU Health Sciences – RHI Program and Site Support (fund 4185, appropriation 03500), MA Public Health Program and Health Science Technology (fund 4185, appropriation 62300), Health Sciences Career Opportunities Program (fund 4185, appropriation 86900), HSTA Program (fund 4185, appropriation 87000) and Center for Excellence in Disabilities (fund 4185, appropriation 96700) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Any unexpended balance remaining in the appropriation for Marshall University Graduate College Writing Project (fund 4267, appropriation 80700) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

RHI Program and Site Support (R). . . . . . . . . . . . . . . . . . . . 03300 $ 410,253

Rural Health Residency Program (R). . . . . . . . . . . . . . . . . . 60100 169,529

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 579,782

Any unexpended balances remaining in the appropriations for Marshall Medical School – RHI Program and Site Support (fund 4896, appropriation 03300) and Vice Chancellor for Health Sciences – Rural Health Residency Program (fund 4896, appropriation 60100) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Total TITLE II, Section 4 — Lottery Revenue. . . . . . . . . . . . . $ 136,326,000

Sec. 5. Appropriations from state excess lottery revenue fund. — In accordance with W.Va. Code §29-22-18a, §29-22A-10d, §29-22A-10e, §29-22C-27a and §29-25-22b, 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.

After first funding the appropriations required by W.Va. Code §29-22-18a, §29-22A-10d, §29-22A-10e, §29-22C-27a and §29-25-22b, the Director of the Lottery shall provide funding from the State Excess Lottery Revenue Fund for the remaining appropriations in this section to the extent that funds are available. In the event that revenues to the State Excess Lottery Revenue Fund are not sufficient to meet all the appropriations made pursuant to this section, then the Director of the Lottery shall first provide the necessary funds to meet fund 7208, appropriation 70011 of this section; next, to provide the funds necessary for fund 5365, appropriation 18900. Allocation of the funds for each appropriation shall be allocated in succession before any funds are provided for the next subsequent appropriation.

Directed Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70000 $ 10,000,000

The above appropriation shall be transferred to the General Revenue Fund to provide reimbursement for the refundable credit allowable under W.Va. Code §11-21-21. 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.

General Revenue Fund – Transfer. . . . . . . . . . . . . . . . . . . . . . . 70011 $ 65,000,000

The above appropriation shall be transferred to the General Revenue Fund as determined by the director of the lottery in accordance with W.Va. Code §29-22-18a.

PROMISE Scholarship – Transfer. . . . . . . . . . . . . . . . . . . . . . . 80000 $ 29,000,000

The above appropriation shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by W.Va. Code §18C-7-7.

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.

Fund 9065 FY 2016 Org 0944Debt Service – Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31000 $ 19,000,000

Pursuant to W.Va. Code §29-22-18a, subsection (f), 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 W.Va. Code §29-22-18, subsection (f).

Debt Service – Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31000 $ 19,000,000

Directed Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70000 $ 36,000,000

The above appropriation shall be allocated pursuant to W.Va. Code §29-22-18d and §31-15-9.

Directed Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70000 $ 15,000,000

The above appropriation shall be transferred to fund 4903, org 0442 as authorized by Senate Concurrent Resolution No. 41.

Current Expenses (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 2,438,300

Repairs and Alterations (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 2,161,200

Equipment (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 200,000

Buildings (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 100,000

Other Assets (R). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000

Any unexpended balances remaining in the above appropriations for Repairs and Alterations (fund 3277, appropriation 06400), Equipment (fund 3277, appropriation 07000), Unclassified – Total (fund 3277, appropriation 09600), Unclassified (fund 3277, appropriation 09900), Current Expenses (fund 3277, appropriation 13000), Buildings (fund 3277, appropriation 25800) and Other Assets (fund 3277, appropriation 69000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

(WVC §29-22-18a, subsection (l)). . . . . . . . . . . . . . . . . . . . 21800 $ 2,000,000

Parking Garage Fund – Transfer. . . . . . . . . . . . . . . . . . . . . . . . 70001 $ 500,000

Capitol Dome and Improvements Fund – Transfer. . . . . . . . . . 70003 2,200,641

Capitol Renovation and Improvement Fund – Transfer. . . . . . . 70004 2,807,722

Development Office Promotion Fund – Transfer. . . . . . . . . . . . 70005 1,531,485

Research Challenge Fund – Transfer. . . . . . . . . . . . . . . . . . . . . 70006 2,041,980

Tourism Promotion Fund – Transfer. . . . . . . . . . . . . . . . . . . . . 70007 5,694,666

Grant Program Fund – Transfer. . . . . . . . . . . . . . . . . . . . . . . 70008 1,500,000

Workers’ Compensation Debt Reduction Fund – Transfer. . . . 70009 11,000,000

State Debt Reduction Fund – Transfer. . . . . . . . . . . . . . . . . . . . 70010 20,000,000

General Revenue Fund – Transfer. . . . . . . . . . . . . . . . . . . . . . . 70011 1,794,761

Video Lottery Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70012 4,083,958

Historic Resort Hotel Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 70013 34,200

Licensed Racetrack Regular Purse Fund. . . . . . . . . . . . . . . . . . 70014 13,159,198

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,603,860

General Revenue Fund – Transfer. . . . . . . . . . . . . . . . . . . . . . . 70011 $ 18,355,000

The above appropriation for General Revenue Fund – Transfer (fund 7208, appropriation 70011) shall be transferred to the General Revenue Fund.

Any unexpended balance remaining in the appropriation for Publication of Papers and Transition Expenses – Lottery Surplus (fund 1046, appropriation 06600) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Any unexpended balances remaining in the appropriations for Unclassified – Total (fund 3170, appropriation 09600), Recreational Grants or Economic Development Loans (fund 3170, appropriation 25300) and Connectivity Research and Development – Lottery Surplus (fund 3170, appropriation 92300) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Any unexpended balance remaining in the appropriation for Advanced Technology Centers (fund 4932, appropriation 02800) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Any unexpended balance remaining in the appropriation for Capital Outlay and Maintenance (fund 5219, appropriation 75500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Medical Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18900 $ 15,422,140

Any unexpended balance remaining in the appropriation for Capital Outlay and Maintenance (fund 6283, appropriation 75500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Total TITLE II, Section 5 — Excess Lottery Funds. . . . . . . . . . $ 300,381,000

Sec. 6. Appropriations of federal funds. — In accordance with Article 11, Chapter 4 of the Code from federal funds there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in Article 2, Chapter 11B of the Code the following amounts, as itemized, for expenditure during the fiscal year 2016.

Economic Loss Claim Payment Fund. . . . . . . . . . . . . . . . . . . . 33400 $ 3,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 250,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,750,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 86,677

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 138,323

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 225,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,563,760

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 50,534

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 3,229,161

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 50,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 160,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,053,455

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 610,830

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 8,755

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 136,012

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 114,478

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 875,575

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 97,250

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 14,099,974

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,197,224

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 46,526

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 5,004

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 448,920

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,450

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 210,240

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 7,484

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 415,727

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 15,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 748,451

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 0

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 0

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,442,347

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 51,050

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 5,622,560

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 155,795

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 50,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,808,300

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,130,052

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 54,432

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 2,803

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 195,639

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 7,500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 15,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 280,374

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,052,547

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 96,900

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 8,553,505

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,702,952

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 384,072

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 5,572

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 167,098

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 557,242

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 7,912,218

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 107,693

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 5,556,594

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 189,400

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,096,242

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,951,000

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,815,147

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 613,177

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 150,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 763,177

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 5,127

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 507,530

Reed Act 2002 – Unemployment Compensation. . . . . . . . . . . . 62200 2,850,000

Reed Act 2002 – Employment Services. . . . . . . . . . . . . . . . . . . 63000 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 W.Va. Code §21A-9-9, the above appropriation to Unclassified and Current Expenses shall be used by 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.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 497,289

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 106,795

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 10,068,916

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 6,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,679,500

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 411,574

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 15,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,082,968

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 200

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,510,742

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 7,078,855

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 2,000,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 208,917,820

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Federal Economic Stimulus. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89100 2,000,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 220,026,675

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,992,648

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,150,500

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 113,101,265

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 20,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 100,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 25,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,389,413

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,519,972

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 155,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 13,820,081

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,525,053

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 4,044,940

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,000,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 107,646,390

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 10,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 10,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 112,721,330

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 414,424

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 5,589,576

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,005,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 743,046

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,947,372

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 1,000

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 360

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,694,778

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 328,653

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,081,157

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 543,406

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,953,216

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 $ 750,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 12,616,894

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 53,118,076

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 350,300

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 1,275,870

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,361,140

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 15,906,206

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 9,207,634

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,100

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 83,350

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,198,290

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 28,102,458

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 166,827,394

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 233,583

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 888,188

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 146,216

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 100,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 196,297,839

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 627,336

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 73,307

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 6,630,103

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,330,746

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 13,744,404

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 910,028

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 79,148,201

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 456,972

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 155,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 380,000

Federal Economic Stimulus. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89100 150,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,944,605

Revolving Fund – Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . 68900 $ 16,000,000

Fund 8851 FY 2016 Org 0507Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 9,966

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 986,649

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 996,615

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 549,827

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 5,482

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 90,389

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 645,698

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 67,320,701

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 22,855,833

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 71,798,431

Medical Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18900 2,803,202,632

Medical Services Administrative Costs. . . . . . . . . . . . . . . . . . . 78900 132,045,119

CHIP Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85601 533,752

CHIP Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85602 47,422,974

Federal Economic Stimulus. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89100 45,693,209

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,190,872,651

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 440,525

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 250,053

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 24,303,277

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 3,971

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 7,500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,005,326

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 982,705

Mountaineer ChalleNGe Academy. . . . . . . . . . . . . . . . . . . . . . 70900 3,050,000

Martinsburg Starbase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74200 375,000

Charleston Starbase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74300 325,000

Military Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74800 93,537,900

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 98,270,605

The adjutant general shall have the authority to transfer between appropriations.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,350,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 300,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 350,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 721,650

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 20,429,281

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 100,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,255,931

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 $ 1,100

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 108,900

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 110,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,325,349

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,125,971

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 42,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 2,502,285

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 750,500

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 144,500

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,891,105

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 80,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 724,370

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 25,185

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 7,965,450

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,750

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,716,755

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 $ 10,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 838,090

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 12,962,837

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 25,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 250,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 25,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,200,927

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 501,394

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 17,671,640

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 500

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,173,534

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 657,137

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 8,928,012

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 2,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 5,286,432

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 500,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 174,119

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,548,200

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,749,840

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 3,927,160

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 50,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 200,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 600,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 100,000

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 100,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,727,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 877,375

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 844,632

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 220,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 198,000

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 296,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 20,000

Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73000 10,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,466,007

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 721,393

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 13,811,853

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 3,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,536,246

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,286,913

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 368,953

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 40,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,695,866

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 337,532

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 14,648

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 352

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 352,532

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 158,635

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 631,365

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 5,000

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 3,000

Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69000 2,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 800,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 0

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 0

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0

Total TITLE II, Section 6 – Federal Funds. . . . . . . . . . . . . . . . $ 4,395,605,081

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 2016.

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 648,117

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 483,500

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 47,226,995

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 300

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,358,912

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,511,208

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 23,023

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 19,864,909

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,600

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 500

Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25800 1,100

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,402,340

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 362,389

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 84,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 12,043,111

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 1,500

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 9,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 2,124,294

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 110,017

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 8,767,420

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,001,731

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 162,320

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 22,457

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 1,895,366

Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07000 165,642

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,245,785

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 822,766

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 115,924

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 10,653,740

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,592,430

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 936,557

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 33,533

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,383,307

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,353,397378- Division of Human Services –

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 1,475,000

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 350,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 33,175,000

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 14,231,684

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 171,982

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 2,870,508

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,274,174

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 17,964,349

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 1,250,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 105,785,651

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 4,654,643

Unclassified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09900 350,000

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 31,995,357

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,000,000

Personal Services and Employee Benefits. . . . . . . . . . . . . . . . . 00100 $ 14,246

Current Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13000 235,729

Repairs and Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06400 25

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000

Total TITLE II, Section 7 — Federal Block Grants. . . . . . . . . . $ 324,978,769

Sec. 8. Awards for claims against the state. — There are hereby appropriated for fiscal year 2016, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $203,331, special revenue funds in the amount of $747,870 and state road funds in the amount of $730,433 for payment of claims against the state.

Sec. 9. Appropriations from general revenue surplus accrued. — The following item is hereby appropriated from the state fund, general revenue, and is to be available for expenditure during the fiscal year 2016 out of surplus funds only, accrued from the fiscal year ending June 30, 2015, subject to the terms and conditions set forth in this section.

It is the intent and mandate of the Legislature that the following appropriation be payable only from surplus accrued as of July 31, 2015 from the fiscal year ending June 30, 2015, only after first meeting requirements of W.Va. Code §11B-2-20(b).

In the event that surplus revenues available on July 31, 2015, are not sufficient to meet the appropriation made pursuant to this section, then the appropriation shall be made to the extent that surplus funds are available as of the date mandated to meet the appropriation in this section.

Capital Outlay, Repairs and Equipment – Surplus. . . . . . . . . . . 58900 $ 9,000,000

Total TITLE II, Section 9 – Surplus Accrued. . . . . . . . . . . . $ 9,000,000

Sec. 10. Appropriations from lottery net profits surplus accrued. — The following item is hereby appropriated from the lottery net profits and is to be available for expenditure during the fiscal year 2016 out of surplus funds only, as determined by the director of lottery, accrued from the fiscal year ending June 30, 2015, subject to the terms and conditions set forth in this section.

It is the intent and mandate of the Legislature that the following appropriation be payable only from surplus accrued from the fiscal year ending June 30, 2015.

In the event that surplus revenues available from the fiscal year ending June 30, 2015, are not sufficient to meet the appropriation made pursuant to this section, then the appropriation shall be made to the extent that surplus funds are available.

Senior Services Medicaid Transfer – Lottery Surplus. . . . . . . . 68199 $ 10,000,000

Total TITLE II, Section 10 – Surplus Accrued. . . . . . . . . . . $ 10,000,000

Sec. 11. Appropriations from state excess lottery revenue surplus accrued. — The following item is hereby appropriated from the state excess lottery revenue fund and is to be available for expenditure during the fiscal year 2016 out of surplus funds only, as determined by the director of lottery, accrued from the fiscal year ending June 30, 2015, subject to the terms and conditions set forth in this section.

It is the intent and mandate of the Legislature that the following appropriation be payable only from surplus accrued from the fiscal year ending June 30, 2015.

Medical Services – Lottery Surplus. . . . . . . . . . . . . . . . . . . . . . 68100 $ 20,000,000

Total TITLE II, Section 11 – Surplus Accrued. . . . . . . . . . . $ 20,000,000

Sec. 12. Special revenue appropriations. — There are hereby appropriated for expenditure during the fiscal year 2016 appropriations made by general law from special revenues which are not paid into the state fund as general revenue under the provisions of W.Va. Code §12-2-2: Provided, That none of the money so appropriated by this section shall be available for expenditure except in compliance with the provisions of W.Va. Code §12-2 and 3 and W.Va. Code §11B-2, 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; and

(b) A detailed expenditure schedule showing for what purposes the fund is to be expended.

Sec. 13. State improvement fund appropriations. — Bequests or donations of nonpublic funds, received by the Governor on behalf of the state during the fiscal year 2016, 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 2016 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. 14. 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 3, Chapter 12 of the Code.

Sec. 15. 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. 16. 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 W.Va. Code §31-18-20b, 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. 17. 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:

Sec. 18. Total appropriations. — Where only a total sum is appropriated to a spending unit, the total sum shall include personal services and employee benefits, annual increment, current expenses, repairs and alterations, buildings, equipment, other assets, land and capital outlay, where not otherwise specifically provided and except as otherwise provided in TITLE I – GENERAL PROVISIONS, Sec. 3.

Sec. 19. 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 W.Va. Code §18-9A-16.

Sec. 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 2, Chapter 11B 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

On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendment and requested the Senate to recede therefrom.

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

Delegates Westfall and Rowe offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 153 - “Requesting the Joint Committee on Government and Finance to study the methods of handling ‘zero dollar claims’ in regard to property and casualty insurance and the impacts of such methods upon consumers of commercial and domestic property and casualty insurance.”

Whereas, Comprehensive policies for property and casualty insurance may not cover all types of hazards or risks that, nevertheless, occur within our area and purchasers of property and casualty insurance in West Virginia may experience uncovered losses arising from such hazards; and

Whereas, Consumers of commercial and domestic property and casualty insurance may be obliged for various, legitimate reasons to report these losses or to report the occurrences of incidents that are later determined not to be compensable under the terms of the insurance policies; and

Whereas, These claims for loss or damage, which are not compensable under policies for property and casualty insurance, are commonly known as “zero dollar claims”; and

Whereas, An occurrence of a “zero dollar claim” may be used by an insurer to increase a property owner’s rate for insurance coverage or may be used to deny coverage entirely even though the insurer was not required to make any payout for the claim; and

Whereas, The impact of “zero dollar claims” and their handling by providers of property and casualty insurance has adversely and unreasonably affected owners of commercial and domestic property within this state; therefore, be it

That the Joint Committee on Government and Finance is hereby requested to study the methods of handling “zero dollar claims” in regard to property and casualty insurance and the impacts of such methods upon consumers of commercial and domestic property and casualty insurance; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Delegates Reynolds, Pushkin, Byrd, Hornbuckle, Sponaugle, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hartman, Howell, Longstreth, Manchin, Moore, Morgan, Pasdon, Perdue, Rowe, Skinner, Storch, Trecost and H. White offered the following resolution, which was read by its title and referred to the Committee on Health and Human Resources then Rules:

H. C. R. 154 - “Requesting the Joint Committee on Government and Finance to study the financial implications and benefits of the cultivation and sales of marijuana to be sold only in states where sales are legal.”

Whereas, The State of West Virginia has experienced great difficulty in generating needed revenue to yield a balanced budget in fiscal years 2014, 2015 and 2016; and

Whereas, The state has relied on temporary sources of revenue in attempts to close large budget gaps, and cannot continue to rely on “one-time” revenue sources, such as severance taxes due to their erratic and unpredictable nature; and

Whereas, The cultivation of marijuana and its legal sales could lead to enhanced prosperity of the State of West Virginia by creating jobs, generating revenue through its taxation, encouraging tourism and fostering economic diversification; and

Whereas, Since its legalization in Colorado, the excise tax on marijuana has produced $2.35 million in revenue that has gone to fund public improvements such as schools and their facilities; and

Whereas, Over 146 million people in the United States reside in a state where some form of marijuana is legalized; and

Whereas, With proven, far-reaching financial benefits, the cultivation of marijuana could greatly foster economic growth in West Virginia; therefore, be it

That the Joint Committee on Government and Finance study the cultivation and legal sales of marijuana as a potential solution to budgetary issues, and also study how such sales and cultivation could serve as a means by which West Virginia could reap economic benefits and growth; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Department of Agriculture and to the Commissioner of Agriculture; and be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Delegate McCuskey offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 21 - “Recognizing the importance of self-care and over-the-counter medicines in the improvement of West Virginians’ overall health and in the preservation and appropriate use of the state’s healthcare resources.”

Whereas, Self-care is a lifelong daily habit of healthy lifestyle choices, good hygiene practices, prevention of infection and illnesses, avoiding unhealthy choices, monitoring for signs and symptoms of changes in health, knowing when to consult a healthcare practitioner and knowing when it is appropriate to self-treat conditions; and

Whereas, The United States Food and Drug Administration deems over-the-counter (OTC) medicines safe and effective for the self-care treatment of minor acute and chronic health conditions and symptoms such as pain, the common cold, allergies and other conditions that impact large segments of the population; and

Whereas, OTC medicines are either developed as new nonprescription medicines or switched from existing prescription medicines; and

Whereas, OTC nonprescription medicines are self-care products that consumers purchase in pharmacies, supermarkets, retail stores and online; and

Whereas, Every dollar spent on over-the-counter medicines saves the United States healthcare system $6 to $7 each year totaling $102 billion in annual savings; and

Whereas, Nonprescription medicines help to ease the burden on healthcare practitioners, eliminating unnecessary medical examinations that could be avoided with appropriate self-care; and

Whereas, West Virginia benefits when its citizens practice appropriate self-care; do not unnecessarily visit healthcare practitioners and are empowered by higher self-esteem, improved health, and reduced use of health care services; and

Whereas, West Virginia encourages its citizens to take advantage of self-care’s potential to improve personal and public health, save personal and public treasury and strengthen the sustainability of West Virginia’s health care system; and

Whereas, Achieving self-care’s potential is a shared opportunity for consumers, healthcare practitioners, policymakers and regulators; therefore, be it

(1) Recognizes the importance of improving awareness of self-care and the value it represents to the citizens of West Virginia;

(2) Supports increased consumer empowerment through the development of new nonprescription medicines and the appropriate switch of certain prescription medicines to nonprescription medicines;

(3) Acknowledges that OTC medications can greatly improve and reduce costs to the public health system;

(4) Encourages consumers, healthcare practitioners, policymakers and regulators to communicate the benefits of self-care.

Com. Sub. for H. B. 2478, Relating to public school finance; coming up in regular order, as unfinished business, was reported by the Clerk.

At the request of Delegate Cowles, and by unanimous consent, consideration of the bill was postponed.

Com. Sub. for S. B. 60, Requiring food handler examinations and cards; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 559), and there were--yeas 96, nays 4, absent and not voting none, with the nays being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 60) passed.

On motion of Delegate Howell, the title of the bill was amended to read as follows:

Com. Sub. for S. B. 60 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-16, relating to the regulation of food handlers; permitting the issuance of a food handler’s card; permitting the issuance of the food handler’s permit; requiring a food handler’s card to be valid for a certain time frame; requiring a food handler’s permit to be valid for a certain time frame; permitting the food handler’s card to be valid in all counties subject to payment of an additional fee; permitting the food handler’s permit to be valid in all counties subject to payment of an additional fee; requiring a food handler’s card to be obtained within thirty days of being hired; requiring a food handler’s permit to be obtained within thirty days of being hired; requiring the Bureau for Public Health to develop minimum training guidelines; permitting a local health department to adopt certain training programs.”

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

Com. Sub. for S. B. 88, Creating WV Clearance for Access: Registry and Employment Screening Act; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 560), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 88 ) passed.

On motion of Delegate Shott, the title of the bill was amended to read as follows:

Com. Sub. for S. B. 88 - “A Bill to amend and reenact §15-2-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6, §16-46-7, §16-46-8 and §16-46-9, all relating to requiring background checks for individuals who have direct access to residents, members or beneficiaries of covered providers participating in the West Virginia Clearance for Access: Registry and Employment Screening program; defining terms; requiring the Secretary of the Department of Health and Human Resources to develop a plan and a program for conducting background checks; requiring centralized database to maintain criminal history record information and results; establishing prescreening process conducted by covered providers; requiring applicants to provide fingerprints and undergo criminal background check; authorizing the State Police to assess a fee for conducting the criminal background check; providing for deposit of State Police collected fees into a non-appropriated special revenue fund; directing notification to be given to applicants regarding the retention of fingerprints; establishing procedures and criteria for obtaining and reviewing criminal history record information; establishing criteria for approving applicants as covered individuals; authorizing contractors and fees; creating special revenue account for administrative fees; providing for protests of the secretary’s decisions and permitting variances; creating exceptions; authorizing legislative rules; providing monetary penalties; and providing civil and criminal immunity.”

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

S. B. 195, Authorizing Conservation Committee promulgate legislative rule relating to financial assistance programs; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 561), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 195) passed.

On this question, the yeas and nays were taken (Roll No. 562), and there were--yeas 100, nays none, absent and not voting none.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 195) 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.

Delegate Cowles announced that the Committee on Rules had placed S. B. 434, on Third Reading, Special Calendar, after Com. Sub. for S. B. 234, on Third Reading, Special Calendar.

Com. Sub. for S. B. 234, Relating to operation and regulation of certain water and sewer utilities owned by political subdivisions; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 563), and there were--yeas 92, nays 8, absent and not voting none, with the nays being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 234) passed.

An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:

Com. Sub. for S. B. 234 - “A Bill to amend and reenact §8-12-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-16-19 of said code; to amend and reenact §8-19-4 of said code; to amend and reenact §16-13A-1a, §16-13A-9 and §16-13A-25 of said code; to amend and reenact §24-1-1, §24-1-1b and §24-1-2 of said code; to amend and reenact §24-2-1, §24-2-2, §24-2-3, §24-2-4a, §24-2-4b, §24-2-7 and §24-2-11 of said code; and to amend and reenact §24-3-5 of said code, all relating to operation and regulation of certain water and sewer utilities owned or operated by political subdivisions of the state; modifying procedure for sale or lease of municipal public utility; providing procedures for adjustment of rates by certain public service districts and municipal water and sewer utilities; eliminating requirement for consent and approval of Public Service Commission with respect to public service districts borrowing money, issuing bonds and entering into certain engineering contracts; relating to the authority of bondholders to petition the Public Service Commission for redress when there is a deficiency in bond revenue or bond reserve accounts or is otherwise in breach of bond covenants; limiting jurisdiction of Public Service Commission over certain water and sewer utilities owned or operated by political subdivisions of the state; defining terms; providing procedure for providing notice of construction projects to be undertaken by certain water and sewer utilities; requiring all public utilities to file schedules of rates with Public Service Commission; expanding jurisdiction of the Public Service Commission to provide assistance to public service districts and municipal corporations regarding proposed rate changes; providing for a working capital reserve; expanding powers of certain public service boards; providing mechanism for Public Service Commission to address deficiencies in the measurements, practices acts or services provided by certain public utility that is a political subdivision of the state; and providing mechanisms for various functions of political subdivisions related to water and sewer services.”

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

S. B. 434, Relating to horse racing; on third reading, coming up in regular order, was reported by the Clerk.

Delegate E. Nelson asked and obtained unanimous consent to amend the bill on third reading.

On motion of Delegates E. Nelson and Boggs, the bill was amended on page two, following the enacting section, by inserting the following:

(a) Notwithstanding any provision of section ten or ten-d of this article to the contrary, during the fiscal year beginning July 1, 2015, the commission shall not make a deposit of such amounts as are available under subdivision (1), subsection (b), section ten of this article into a separate facility modernization account maintained within the Licensed Racetrack Modernization Fund for each racetrack as prescribed by subdivision (2), subsection (b), section ten of this article. In lieu thereof, the commission shall deposit the amounts otherwise made available by those calculations as follows:

(1) Up to $6 million shall be deposited into the state road fund of the state to be expended for maintenance, contract paving, and secondary road maintenance purposes;

(2) Up to $1 million shall be deposited into the Department of Human Services Medical Services Fund established pursuant to section two, article four, chapter nine of this code to be expended for the state’s Title XIX Aged and Disabled Waiver program;

(3) Up to $1 million shall be deposited into the West Virginia Department of Health and Human Resources Division of Health General Administrative Fund established pursuant to subsection (b) of this section to be expended for Health Right Free Clinics; and

(4) Up to $1 million shall be deposited into the West Virginia Department of Health and Human Resources Division of Health General Administrative Fund established pursuant to subsection (b) of this section to be expended by the Secretary of Health and Human Resources after consultation with, and pursuant to the guidance provided by, the Governor’s Advisory Council on Substance Abuse created by Executive Order No. 5-11 on September 6, 2011, for the purposes of implementing the approved Statewide Substance Abuse Strategic Action Plan for the improvement of the statewide substance abuse continuum of care, or for other purposes as may be recommended by the Advisory Council pursuant to the duties imposed by said Executive Order.

(b) The West Virginia Department of Health and Human Resources Division of Health General Administrative Fund is hereby established in the State Treasury. The fund shall be administered by the Secretary of the West Virginia Department of Health and Human Resources and shall consist of all moneys made available for the administration of programs or other activities of the Department as established by law or as directed by the Legislature from any source, including, but not limited to, all gifts, grants, bequests, deposits or transfers from any source, any moneys that may be transferred, designated or appropriated to the fund by the Legislature, and all interest or other return earned from investment of the fund. Expenditures from the fund are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this subsection.”

On page two, by striking out the enacting section and inserting in lieu thereof the following:

“That §19-23-12b and §19-23-13b of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be further amended by adding thereto a new section, designated §29-22A-10g, all to read as follows” followed by a colon.

Delegate Skinner arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker replied, stating that the bill includes language that changes the manner in which monies are spent from the fund, and therefore the amendment is germane to the fundamental purpose of the bill.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 564), and there were--yeas 92, nays 8, absent and not voting none, with the nays being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 434) passed.

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

Com. Sub. for S. B. 242, Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 565), and there were--yeas 78, nays 22, absent and not voting none, with the nays being as follows:

Nays: Azinger, Byrd, Cadle, Fluharty, Folk, Hicks, Hornbuckle, Ihle, Kurcaba, Marcum, McGeehan, Moffatt, Morgan, J. Nelson, R. Phillips, Pushkin, Reynolds, Rodighiero, Skinner, Trecost, Wagner and H. White.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 242) passed.

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

S. B. 250, Relating to Conservation Agency financial assistance applications from district supervisors; on third reading, coming up in regular order, was reported by the Clerk.

Delegate Hanshaw asked and obtained unanimous consent to amend the bill on third reading.

On motion of Delegate Hanshaw, the bill was amended on page three, after line twenty-two, by inserting the following: “(d) The State Conservation Committee may propose emergency rules as necessary to implement the provisions of this section.”

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 566), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 250) passed.

On this question, the yeas and nays were taken (Roll No. 567), and there were--yeas 100, nays none, absent and not voting none.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 250) 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.

Com. Sub. for S. B. 274, Relating to TANF program sanctions; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

An amendment recommended by Delegate Ellington was reported by the Clerk on page four, line thirty, by striking out “promulgate emergency rules and propose for legislative promulgation legislative rules, pursuant to article three, chapter twenty-nine-a of this code, setting forth” and inserting in lieu thereof, “prescribe policies in accordance with the Temporary Assistance for Needy Families Program” and a comma.

On page four, line thirty-seven, by striking out the word, “rules” and inserting in lieu thereof the word, “policies”.

On page four, line forty-three, by striking out the words, “also promulgate legislative rules” and inserting the words, “by policies”.

On page six, line eight, by striking out the word, “on” and inserting the word, “by”.

On page six, line eighty, by striking out, “Copies of that report shall also be furnished to the President of the Senate and Speaker of the House.”

Delegate Ellington then asked and obtained unanimous consent to withdraw the amendment.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 568), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 274) passed.

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

Com. Sub. for S. B. 286, Relating to compulsory immunizations of students; exemptions; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 569), and there were--yeas 62, nays 36, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Boggs, Byrd, Campbell, Caputo, Eldridge, Fleischauer, Guthrie, Hartman, Hicks, Hornbuckle, Lynch, Manchin, Marcum, Miley, Moore, Morgan, J. Nelson, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Skinner, P. Smith, Sponaugle, Stansbury, Statler, Trecost, Wagner, H. White and Williams.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 286) passed.

On motion of Delegate Shott, the title of the bill was amended to read as follows:

Com. Sub. for S. B. 286 - “A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating generally to compulsory immunizations; adding chickenpox, hepatitis-B, meningitis and mumps to the list of diseases for which vaccination is required; requiring children entering or enrolled in state regulated child care centers to be immunized; providing for qualifications for medical exemptions to compulsory vaccination; authorizing the Commissioner of the Bureau for Public Health to condition, deny, suspend or revoke a medical exemption to compulsory immunization requirements; providing for a review of a decision by the State Health Officer; providing a right of appeal of a final determination of the State Health Officer; prohibiting the Secretary of the Department of Health and Human Resources and the Commissioner of the Bureau of Public Health from adding compulsory vaccinations through promulgation of a rule; providing that amendments made to this section supercede any interpretative rules; clarifying the duty of county health departments to provide immunization services; repealing the criminal offense of refusing to permit a child to be vaccinated; removing an inaccurate legislative finding; clarifying the duties of the Commissioner to acquire and distribute vaccines; clarifying the duties of the Immunization Advisory Committee; establishing a date upon which members of the advisory committee must be appointed; prohibiting members of the advisory committee from participating in matters that will have a direct and predictable effect on their financial interests; establishing the Commissioner as the chair of the advisory committee; extending the terms of the members of the advisory committee from two to four years; and requiring health insurance policies and prepaid care to provide coverage for child immunization services through age eighteen.”

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

At 1:43 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 2:30 p.m.

S. B. 295, Establishing appeal process for DHHR Board of Review and Bureau for Medical Services decisions; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 570), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 295) passed.

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

S. B. 310, Exempting nonprofit public utility companies from B&O tax; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 571), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 310) passed.

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

Com. Sub. for S. B. 315, Relating to civil actions filed under Consumer Protection Act; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 572), and there were--yeas 79, nays 19, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Byrd, Caputo, Eldridge, Fleischauer, Fluharty, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Moye, Perdue, Pushkin, Reynolds, Rowe, Skinner and Sponaugle.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 315) passed.

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

Com. Sub. for S. B. 316, Exempting new veteran-owned business from certain fees paid to Secretary of State; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 573), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 316) passed.

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

The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

Com. Sub. for S. B. 192, Authorizing Department of Transportation promulgate legislative rules.

On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

The Speaker appointed as conferees on the part of the House of Delegates the following:

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

The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

S. B. 518, Permitting county and municipal economic development authorities invest certain funds.

The Speaker appointed as conferees on the part of the House of Delegates the following:

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

The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for H. B. 2929, Relating to requirements for mandatory reporting of sexual offenses on school premises involving students.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

The Speaker appointed as conferees on the part of the House of Delegates the following:

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

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

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

On this question, the yeas and nays were taken (Roll No. 574), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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. 140) takes effect from its passage.

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

The Clerk of the Senate, announced that, upon reconsideration the Senate had amended and again passed, in an effort to meet the objections of the Governor, and requested the concurrence of the House of Delegates in the same, as to

Enr. Com. Sub. for S. B. 435, Creating WV Sheriffs’ Bureau of Professional Standards.

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:

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. 435.

If signed into law, this bill would provide the Secretary of the Department of Military Affairs and Public Safety and the West Virginia Sheriff’s Bureau with appointment powers that are inconsistent with section eight, article VII of the Constitution of West Virginia. I also disapprove of this bill because its title is defective. See State ex rel. Davis v. Oakley, 156 W. Va. 154, 191 S.E.2d 610 (1972) (requiring bill title to provide notice of bill’s contents). The bill authorizes the West Virginia Sheriffs’ Bureau of Professional Standards to promulgate legislative rules in §7-26-2; however, rulemaking authorization is absent from the title.

For the foregoing constitutional and technical reasons, I disapprove and return this bill. I urge the Legislature to correct these issues and to return the bill to my desk for signature.

On motion of Delegate Cowles, 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.

On page two, by striking out all of section one and inserting in lieu a new section one, to read as follows:

(a) For the purpose of providing better law enforcement for the counties of our state and for providing standardization and uniformity of services and operation of the sheriff offices throughout the state, there is hereby created the West Virginia Sheriffs’ Bureau of Professional Standards.

(i) The Secretary of the Department of Military Affairs and Public Safety, or his or her designee; and

(2) Seven members representing the public and law enforcement to be appointed by the Governor:

(i) Five sheriffs of the counties of West Virginia, to be recommended for appointment by the West Virginia Sheriffs’ Association; and

(c) Service of members of the bureau shall be conditioned upon signing all necessary nondisclosure agreements relating to confidential law-enforcement information.

(d) Each bureau member shall serve a two-year term commencing July 1, 2015, except that three of the first five sheriffs beginning their term on July 1, 2015, shall serve a one-year term expiring July 1, 2016, at which time new selections for regular two-year terms shall be made for these three positions.

(e) Any vacancy on the bureau for a sheriff position shall be filled for the remainder of the unexpired term by selection of the West Virginia Sheriffs’ Association. Any vacancy on the bureau for a citizen member position shall be filled for the remainder of the unexpired term by appointment of the Governor.”

Enr. Com. Sub. for S. B. 435 - “An Act to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-26-1, §7-26-2, §7-26-3, §7-26-4, §7-26-5 and §7-26-6, all relating to creating West Virginia Sheriffs’ Bureau of Professional Standards; purpose and composition; general powers and duties; authorizing the bureau to promulgate legislative rules; officers; promotion of training; standards for vehicles, badges and uniforms; and standards for interagency cooperation.”

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendments.

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. 575), and there were--yeas 97, nays none, absent and not voting 3, with the yeas, nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Deem, Duke, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Hicks, Hill, Hornbuckle, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Miller, Moffatt, Moore, Morgan, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 435) 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.

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2011, Relating to disbursements from the Workers’ Compensation Fund where an injury is self inflicted or intentionally caused by the employer.

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

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

§23-4-2. Disbursement where injury is self-inflicted or intentionally caused by employer; legislative declarations and findings; ‘deliberate intention’ defined.

(a) Notwithstanding anything contained in this chapter, no employee or dependent of any employee is entitled to receive any sum under the provisions of this chapter on account of any personal injury to or death to any employee caused by a self-inflicted injury or the intoxication of the employee. Upon the occurrence of an injury which the employee asserts, or which reasonably appears to have, occurred in the course of and resulting from the employee’s employment, the employer may require the employee to undergo a blood test for the purpose of determining the existence or nonexistence of evidence of intoxication: Provided, That the employer must have a reasonable and good faith objective suspicion of the employee’s intoxication and may only test for the purpose of determining whether the person is intoxicated. If any blood test for intoxication is given following an accident, at the request of the employer or otherwise, and if any of the following are true, the employee is deemed intoxicated and the intoxication is the proximate cause of the injury:

(1) If a blood test is administered within two hours of the accident and evidence that there was, at that time, more than five hundredths of one percent, by weight, of alcohol in the employee’s blood; or

(2) If there was, at the time of the blood test, evidence of either on or off the job use of a nonprescribed controlled substance as defined in the West Virginia Uniform Controlled Substances Act, West Virginia Code §60A-2-201, et seq., Schedules I, II, III, IV and V.

(b) For the purpose of this chapter, the commission may cooperate with the Office of Miners’ Health, Safety and Training and the State Division of Labor in promoting general safety programs and in formulating rules to govern hazardous employments.

(c) If injury results to any employee from the deliberate intention of his or her employer to produce the injury or death, the employee, or, if the employee has been found to be incompetent, his or her conservator or guardian, may recover under this chapter and bring a cause of action against the employer, as if this chapter had not been enacted, for any excess of damages over the amount received or receivable in a claim for benefits under this chapter. If death results to any employee from the deliberate intention of his or her employer to produce the injury or death, the representative of the estate may recover under this chapter and bring a cause of action, pursuant to section six, article seven of chapter fifty-five of this code, against the employer, as if this chapter had not been enacted, for any excess of damages over the amount received or receivable in a claim for benefits under this chapter. To recover under this section, the employee, the employee’s representative or dependent, as defined under this chapter, must, unless good cause is shown, have filed a claim for benefits under this chapter.

(d)(1) It is declared that enactment of this chapter and the establishment of the workers’ compensation system in this chapter was and is intended to remove from the common law tort system all disputes between or among employers and employees regarding the compensation to be received for injury or death to an employee except as expressly provided in this chapter and to establish a system which compensates even though the injury or death of an employee may be caused by his or her own fault or the fault of a co-employee; that the immunity established in sections six and six-a, article two of this chapter is an essential aspect of this workers’ compensation system; that the intent of the Legislature in providing immunity from common lawsuit was and is to protect those immunized from litigation outside the workers’ compensation system except as expressly provided in this chapter; that, in enacting the immunity provisions of this chapter, the Legislature intended to create a legislative standard for loss of that immunity of more narrow application and containing more specific mandatory elements than the common law tort system concept and standard of willful, wanton and reckless misconduct; and that it was and is the legislative intent to promote prompt judicial resolution of the question of whether a suit prosecuted under the asserted authority of this section is or is not prohibited by the immunity granted under this chapter.

(2) The immunity from suit provided under this section and under sections six and six-a, article two of this chapter may be lost only if the employer or person against whom liability is asserted acted with ‘deliberate intention’. This requirement may be satisfied only if:

(A) It is proved that the employer or person against whom liability is asserted acted with a consciously, subjectively and deliberately formed intention to produce the specific result of injury or death to an employee. This standard requires a showing of an actual, specific intent and may not be satisfied by allegation or proof of: (i) Conduct which produces a result that was not specifically intended; (ii) conduct which constitutes negligence, no matter how gross or aggravated; or (iii) willful, wanton or reckless misconduct; or

(B) The trier of fact determines, either through specific findings of fact made by the court in a trial without a jury, or through special interrogatories to the jury in a jury trial, that all of the following facts are proven:

(i) That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong probability of serious injury or death;

(ii) That the employer, prior to the injury, had actual knowledge of the existence of the specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the specific unsafe working condition.

(I) In every case actual knowledge must specifically be proven by the employee or other person(s) seeking to recover under this section, and shall not be deemed or presumed: Provided, That actual knowledge may be shown by evidence of intentional and deliberate failure to conduct an inspection, audit or assessment required by state or federal statute or regulation and such inspection, audit or assessment is specifically intended to identify each alleged specific unsafe working condition.

(II) Actual knowledge is not established by proof of what an employee’s immediate supervisor or management personnel should have known had they exercised reasonable care or been more diligent.

(III) Any proof of the immediate supervisor or management personnel’s knowledge of prior accidents, near misses, safety complaints or citations from regulatory agencies must be proven by documentary or other credible evidence.

(iii) That the specific unsafe working condition was a violation of a state or federal safety statute, rule or regulation, whether cited or not, or of a commonly accepted and well-known safety standard within the industry or business of the employer.

(I) If the specific unsafe working condition relates to a violation of a commonly accepted and well-known safety standard within the industry or business of the employer, that safety standard must be a consensus written rule or standard promulgated by the industry or business of the employer, such as an organization comprised of industry members: Provided, That the National Fire Protection Association Codes and Standards or any other industry standards for Volunteer Fire Departments shall not be cited as an industry standard for Volunteer Fire Departments, Municipal Fire Departments and Emergency Medical Response Personnel as an unsafe working condition as long as the Volunteer Fire Departments, Municipal Fire Departments and the Emergency Medical Response Personnel have followed the Rules that have been promulgated by the Fire Commission.

(II) If the specific unsafe working condition relates to a violation of a state or federal safety statute, rule or regulation that statute, rule or regulation:

(a) Must be specifically applicable to the work and working condition involved as contrasted with a statute, rule, regulation or standard generally requiring safe workplaces, equipment or working conditions;

(b) Must be intended to address the specific hazard(s) presented by the alleged specific unsafe working condition; and,

(c) The applicability of any such state or federal safety statute, rule or regulation is a matter of law for judicial determination.

(iv) That notwithstanding the existence of the facts set forth in subparagraphs (i) through (iii), inclusive, of this paragraph, the person or persons alleged to have actual knowledge under subparagraph (ii) nevertheless intentionally thereafter exposed an employee to the specific unsafe working condition; and

(v) That the employee exposed suffered serious compensable injury or compensable death as defined in section one, article four, chapter twenty-three as a direct and proximate result of the specific unsafe working condition. For the purposes of this section, serious compensable injury may only be established by one of the following four methods:

(a) Results in a permanent physical or combination of physical and psychological injury rated at a total whole person impairment level of at least thirteen percent (13%) as a final award in the employees workers’ compensation claim; and

(b) Is a personal injury which causes permanent serious disfigurement, causes permanent loss or significant impairment of function of any bodily organ or system, or results in objectively verifiable bilateral or multi-level dermatomal radiculopathy; and is not a physical injury that has no objective medical evidence to support a diagnosis; or

(II) Written certification by a licensed physician that the employee is suffering from an injury or condition that is caused by the alleged unsafe working condition and is likely to result in death within eighteen (18) months or less from the date of the filing of the complaint. The certifying physician must be engaged or qualified in a medical field in which the employee has been treated, or have training and/or experience in diagnosing or treating injuries or conditions similar to those of the employee and must disclose all evidence upon which the written certification is based, including, but not limited to, all radiographic, pathologic or other diagnostic test results that were reviewed.

(III) If the employee suffers from an injury for which no impairment rating may be determined pursuant to the rule or regulation then in effect which governs impairment evaluations pursuant to this chapter, serious compensable injury may be established if the injury meets the definition in subclause (I)(b).

(IV) If the employee suffers from an occupational pneumoconiosis, the employee must submit written certification by a board certified pulmonologist that the employee is suffering from complicated pneumoconiosis or pulmonary massive fibrosis and that the occupational pneumoconiosis has resulted in pulmonary impairment as measured by the standards or methods utilized by the West Virginia Occupational Pneumoconiosis Board of at least fifteen percent (15%) as confirmed by valid and reproducible ventilatory testing. The certifying pulmonologist must disclose all evidence upon which the written certification is based, including, but not limited to, all radiographic, pathologic or other diagnostic test results that were reviewed: Provided, That any cause of action based upon this clause must be filed within one year of the date the employee meets the requirements of the same.

(i) The employee, the employee’s guardian or conservator, or the representative of the employee’s estate shall serve with the complaint a verified statement from a person with knowledge and expertise of the workplace safety statutes, rules, regulations and consensus industry safety standards specifically applicable to the industry and workplace involved in the employee’s injury, setting forth opinions and information on:

(I) The person’s knowledge and expertise of the applicable workplace safety statutes, rules, regulations and/or written consensus industry safety standards;

(II) The specific unsafe working condition(s) that were the cause of the injury that is the basis of the complaint; and

(III) The specific statutes, rules, regulations or written consensus industry safety standards violated by the employer that are directly related to the specific unsafe working conditions: Provided, however, That this verified statement shall not be admissible at the trial of the action and the Court, pursuant to the Rules of Evidence, common law and subclause two-c, subparagraph (iii), paragraph (B), subdivision (2), subsection (d), section two, article four, chapter twenty-three of this code, retains responsibility to determine and interpret the applicable law and admissibility of expert opinions.

(ii) No punitive or exemplary damages shall be awarded to the employee or other plaintiff;

(iii) Notwithstanding any other provision of law or rule to the contrary, and consistent with the legislative findings of intent to promote prompt judicial resolution of issues of immunity from litigation under this chapter, the employer may request and the court shall give due consideration to the bifurcation of discovery in any action brought under the provisions of subparagraphs (i) through (v), of paragraph (B) such that the discovery related to liability issues be completed before discovery related to damage issues. The court shall dismiss the action upon motion for summary judgment if it finds pursuant to rule 56 of the rules of civil procedure that one or more of the facts required to be proved by the provisions of subparagraphs (i) through (v), inclusive, paragraph (B) of this subdivision do not exist, and the court shall dismiss the action upon a timely motion for a directed verdict against the plaintiff if after considering all the evidence and every inference legitimately and reasonably raised thereby most favorably to the plaintiff, the court determines that there is not sufficient evidence to find each and every one of the facts required to be proven by the provisions of subparagraphs (i) through (v), inclusive, paragraph (B) of this subdivision; and

(iv) The provisions of this paragraph and of each subparagraph thereof are severable from the provisions of each other subparagraph, subsection, section, article or chapter of this code so that if any provision of a subparagraph of this paragraph is held void, the remaining provisions of this act and this code remain valid.

(e) Any cause of action brought pursuant to this section shall be brought either in the circuit court of the county in which the alleged injury occurred or the circuit court of the county of the employer’s principal place of business. With respect to causes of action arising under this chapter, the venue provisions of this section shall be exclusive of and shall supersede the venue provisions of any other West Virginia statute or rule.

(f) The reenactment of this section in the regular session of the Legislature during the year 2015 does not in any way affect the right of any person to bring an action with respect to or upon any cause of action which arose or accrued prior to the effective date of the reenactment.

(g) The amendments to this section enacted during the 2015 session of the Legislature shall apply to all injuries occurring on or after July 1, 2015.”

Com. Sub. for H. B. 2011 - “A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating generally to a workplace employee injury caused by the deliberate intention of the employer required for the employer to lose immunity from a lawsuit; defining actual knowledge; eliminating obsolete language referring to the West Virginia Workers Compensation Fund and board of managers; establishing standards related to blood tests administered after accident; providing that intoxication shown by a positive blood test for alcohol or drugs that meet certain thresholds is the proximate cause of any injury; clarifying provisions outlining who may assert claims on behalf of an employee under this section; requiring that a claim for worker’s compensation benefits be filed prior to bringing a cause of action under this section unless good cause is shown; providing that actual knowledge must be specifically proven by the employee or other person seeking to recover under this section and shall not be deemed or presumed; providing an employee may prove actual knowledge by evidence of an employer’s intentional or deliberate failure to conduct a legally required inspection, audit or assessment; establishing actual knowledge is not established by what an employee’s immediate supervisor or management personnel should have known had they exercised reasonable care or been more diligent; establishing that proof of actual knowledge of prior accidents, near misses, safety complaints or citations must be proven by documentary or other credible evidence; defining a commonly accepted and well-known safety standard within the industry or business of the employer; exempting certain codes or standards from applying to volunteer fire departments, municipal fire departments and emergency medical response personnel if those entities have followed rules promulgated by the Fire Commission; requiring that if the unsafe working condition relates to a violation of a state or federal safety provision that safety provision must address the specific work, working conditions and hazards involved; establishing that the applicability of state or federal safety provisions is a matter for judicial determination; defining generally serious compensable injury; establishing four categories of serious compensable injury including an injury rated at a whole person impairment of at least thirteen percent (13%) and other threshold requirements, an injury or condition likely to result in death within eighteen (18) months from the date of the filing of the complaint, an injury not capable of whole person impairment if it causes permanent serious disfigurement, causes permanent loss or significant impairment of function of any bodily organ or system, or results in objectively verifiable bilateral or multi-level dermatomal radiculopathy and is not a physical injury that has no objective medical evidence to support a diagnosis, or if an employee suffers from complicated pneumoconiosis or pulmonary massive fibrosis and that condition has resulted in an impairment rating of at least fifteen percent (15%); establishing certification requirements for the categories of serious compensable injury; requiring that a verified statement submitted from a person with knowledge and expertise of the workplace safety, statutes, rules, regulations and consensus industry standards specifically applicable to the industry and workplace involved in an injury be served with any complaint asserting certain causes of action brought under this section; providing for the minimum contents of the required verified statement; limiting the use of the required verified statement during litigation; providing for consideration of bifurcation of discovery in certain circumstances; and establishing the venue in which claims under this section may be brought.”

Delegate Cowles moved to concur in the Senate amendments and on this question the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 577), and there were--yeas 61, nays 36, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Boggs, Byrd, Campbell, Caputo, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowan, Rowe, P. Smith, Sponaugle, Storch, Trecost, H. White and Williams.

So, a majority of the members present and voting having voted in the affirmative, the motion to concur in the Senate amendment was adopted.

On the passage of the bill, the yeas and nays were taken (Roll No. 578), and there were--yeas 63, nays 33, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Boggs, Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, P. Smith, Sponaugle, Storch, Trecost, H. White and Williams.

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 H. B. 2011) passed.

On motion of Delegate Shott, the title of the bill was amended to read as follows:

Com. Sub. for H. B. 2011 - “A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating generally to a workplace employee injury caused by the deliberate intention of the employer required for the employer to lose immunity from a lawsuit; defining actual knowledge; eliminating obsolete language referring to the West Virginia Workers Compensation Fund and board of managers; establishing standards related to blood tests administered after accident; providing that intoxication shown by a positive blood test for alcohol or drugs that meet certain thresholds is the proximate cause of any injury; clarifying provisions outlining who may assert claims on behalf of an employee under this section; requiring that a claim for worker’s compensation benefits be filed prior to bringing a cause of action under this section unless good cause is shown; providing that actual knowledge must be specifically proven by the employee or other person seeking to recover under this section and shall not be deemed or presumed; providing an employee may prove actual knowledge by evidence of an employer’s intentional or deliberate failure to conduct a legally required inspection, audit or assessment; establishing actual knowledge is not established by what an employee’s immediate supervisor or management personnel should have known had they exercised reasonable care or been more diligent; establishing that proof of actual knowledge of prior accidents, near misses, safety complaints or citations must be proven by documentary or other credible evidence; defining a commonly accepted and well-known safety standard within the industry or business of the employer; exempting certain codes or standards from applying to volunteer fire departments, municipal fire departments and emergency medical response personnel if those entities have followed rules promulgated by the Fire Commission; requiring that if the unsafe working condition relates to a violation of a state or federal safety provision that safety provision must address the specific work, working conditions and hazards involved; establishing that the applicability of state or federal safety provisions is a matter for judicial determination; defining generally serious compensable injury; establishing four categories of serious compensable injury including an injury rated at a whole person impairment of at least thirteen percent (13%) and other threshold requirements, an injury or condition likely to result in death within eighteen (18) months from the date of the filing of the complaint, an injury not capable of whole person impairment if it causes permanent serious disfigurement, causes permanent loss or significant impairment of function of any bodily organ or system, or results in objectively verifiable bilateral or multi-level dermatomal radiculopathy and is not a physical injury that has no objective medical evidence to support a diagnosis, or if an employee suffers from complicated pneumoconiosis or pulmonary massive fibrosis and that condition has resulted in an impairment rating of at least fifteen percent (15%); establishing certification requirements for the categories of serious compensable injury; requiring that a verified statement submitted from a person with knowledge and expertise of the workplace safety, statutes, rules, regulations and consensus industry standards specifically applicable to the industry and workplace involved in an injury be served with any complaint asserting certain causes of action brought under this section; providing for the minimum contents of the required verified statement; limiting the use of the required verified statement during litigation; providing for consideration of bifurcation of discovery in certain circumstances; establishing the venue in which claims under this section may be brought; providing that actions accruing prior to the effective date are not affected; and establishing the effective date of July 1, 2015, for the amendments to this section.”

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2240, Providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new section, designated §61-2-9d, to read as follows:

(1) ‘Bodily injury’ means substantial physical pain, illness or any impairment of physical condition;

(2) ‘Strangle’ means knowingly and willfully restricting another person’s air intake or blood flow by the application of pressure on the neck or throat;

(b) Any person who strangles another and thereby causes them bodily injury or thereby to lose consciousness is guilty of a felony and upon conviction thereof shall be confined in a state correctional facility for not less than one year or more than five years fined not more than $2,500.00, or both.”

Com. Sub. for H. B. 2240 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9d, relating to crimes against the person; providing that strangling is a criminal offense; defining bodily injury and strangling; providing a felony offense of strangling another; and providing criminal penalties.”

On the passage of the bill, the yeas and nays were taken (Roll No. 579), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

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 H. B. 2240) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2549, Relating to the preparation and publication of county financial statements.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following amendments:

On page four, section sixteen, line forty-five through fifty-one, by striking out all of subsection (e) and inserting in lieu thereof a new subsection, designated subsection (e), to read as follows:

“(e) By October 15 of each fiscal year, each county commission shall publish the financial statement as a Class I-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county.”

Com. Sub. for H. B. 2549 - “A Bill to amend and reenact §7-5-16 of the Code of West Virginia, 1931, as amended, relating to changing the deadline of disclosure of county financial statements; and requiring publication as a Class I-0 legal advertisement of the county financial statements.”

On the passage of the bill, the yeas and nays were taken (Roll No. 580), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

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 H. B. 2549) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2674, Making home schooled students eligible for a PROMISE scholarship without taking the GED test.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following amendments:

On page three, section six, lines thirty-two through thirty-seven, by striking out all of paragraph (A) and inserting in lieu thereof a new paragraph, designated paragraph (A), to read as follows:

“(A) Within two years of graduating from a high completing a secondary education program in a public, private or home school or within two years of acquiring a general equivalency degree if provided instruction in the home or other approved place pursuant to obtaining a high school equivalency certificate as approved by the commission in compliance with subsection (c), section one, article eight, chapter eighteen of this code; or”.

Com. Sub. for H. B. 2674 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to making home-schooled students eligible for a PROMISE scholarship without obtaining a high school equivalency certificate.”

On the passage of the bill, the yeas and nays were taken (Roll No. 581), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

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 H. B. 2674) passed.

On this question, the yeas and nays were taken (Roll No. 582), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

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. 2674) takes effect from its passage.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2878, Creating a one-stop electronic business portal in West Virginia. On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

(a) The Secretary of State shall establish a web-based business portal to facilitate interaction among businesses and governmental agencies in West Virginia. The web-based business portal shall provide a single point-of-entry to state government for businesses based in the state and for businesses looking to establish a presence in the state. The web-based business portal shall:

(1) Provide guidance to users who want to start, operate or expand a business in the state;

(2) Permit e-payments and provide businesses information about transaction statuses in a paperless environment;

(B) Make application, including the payment of fees, for the renewal of permits and licenses;

(E) Pay sales and use taxes through a link to the web-based portal maintained by the Tax Division of the Department of Revenue for electronic payment; and

(F) Pay any other fees or remittances that the business owners are subject to under state law;

(4) Provide businesses with downloadable access to all editable forms that are necessary for compliance with all reporting and filing requirements with the following agencies:

(5) Provide for the electronic filing of documents by city, county and local governments: Provided, That nothing in this section shall be construed to permit the Secretary of State to receive tax returns, or any other documents required to be filed with the State Tax Commissioner, or to require any taxpayer to file tax returns, or any other documents required to be filed with the State Tax Commissioner, with the Secretary of State. Nor shall the Secretary of State be permitted to receive payments for taxes, including interest, penalties or additions to tax, that are required to be collected by the Tax Commissioner. Notwithstanding the foregoing, the Secretary of State and the Tax Commissioner may develop policies and procedures allowing the Secretary of State to accept applications and renewals, and to collect the appropriate fee, for Business Registration Certificates. Provided, further, That nothing in this section shall be construed as requiring the State Tax Commissioner or the Tax Division of the Department of Revenue to disclose confidential taxpayer information to the Secretary of State.

(b) The Secretary of State shall establish a consolidated call center to be staffed by trained and knowledgeable persons who are able to assist businesses obtain information and services relating to compliance with state law.

(1) Develop the requirements of the web-based business portal by August 31, 2015, including but not limited to:

(A) Establishing, through cooperative efforts, the standards and requirements necessary to design, build, implement and maintain the business portal; and

(B) Establishing the standards and requirements necessary for a state or local agency to participate in the business portal;

(2) Coordinate and cooperate with the appropriate entities to facilitate the payment by businesses of any payments or remittances made pursuant to this section, via the web-based business portal; and

(3) Propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article.”

Com. Sub. for H. B. 2878 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31D-1-131, relating to creating a web-based electronic business portal in West Virginia; requiring the Secretary of State to create a web-based business portal to facilitate interaction between government and businesses in West Virginia; requiring Secretary of State to establish a call center to assist businesses obtain information regarding compliance with state law; requiring the Secretary of State to develop requirements for the web-based business portal; and requiring the Secretary of State to propose rules for legislative approval to implement the provisions of the bill.”

On the passage of the bill, the yeas and nays were taken (Roll No. 583), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

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 H. B. 2878) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2688, Providing for the unitization of interests in drilling units in connection with all horizontal oil or gas wells.

Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for H. B. 2688 under the provisions of House Rule 49.

The Speaker Pro Tempore replied that any impact on Mr. Armstead would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

Delegate Howell requested to be excused from voting on the passage of Com. Sub. for H. B. 2688 under the provisions of House Rule 49.

The Speaker Pro Tempore replied that any impact on Delegate Howell would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

Delegate Cowles then asked unanimous consent to postpone further consideration of the bill which consent was not given, objections being heard.

On this question, the yeas and nays were taken (Roll No. 584), and there were--yeas 54, nays 43, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Boggs, Byrd, Campbell, Caputo, Duke, Eldridge, Faircloth, Ferro, Fleischauer, Fluharty, Folk, Gearheart, Guthrie, Hamilton, Hartman, Hicks, Hornbuckle, Ihle, Kurcaba, Longstreth, Lynch, Manchin, McGeehan, Miley, Moore, Morgan, Moye, J. Nelson, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, B. White, H. White and Williams.

So, a majority of the members present and voting having voted in the affirmative, the motion prevailed.

S. B. 318, Relating to payment of wages by employers; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 585), and there were--yeas 71, nays 26, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle and Trecost.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 318) passed.

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

Com. Sub. for S. B. 325, Relating to filing of candidates’ financial disclosure statements; on third reading, coming up in regular order, with amendments pending and the restricted right to amend jointly by Delegates Shott and Manchin was reported by the Clerk.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

“ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.

(a) The financial disclosure statement shall be filed on February 1 of each calendar year to cover the period of the preceding calendar year, except insofar as may be otherwise provided herein. The following persons must file the financial disclosure statement required by this section with the Ethics Commission:

(1) All elected officials in this state, including, but not limited to, all persons elected statewide, all county elected officials, municipal elected officials in municipalities which have, by ordinance, opted to be covered by the disclosure provisions of this section, all members of the several county or district boards of education and all county or district school board superintendents;

(2) All members of state boards, commissions and agencies appointed by the Governor; and

(3) Secretaries of departments, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads.

(b) For purposes of subsection (a), a person is required to file if the person holds one of the positions listed in subdivisions (1), (2) or (3) as of January 31 of each calendar year.

(c) A person who is required to file a financial disclosure statement under this section by virtue of becoming an elected or appointed public official whose office is described in subdivision (1), (2) or (3) of this subsection and who assumes the office less than ten days before a filing date established herein or who assumes the office after the filing date shall file a financial disclosure statement for the previous twelve months no later than thirty days after the date on which the person assumes the duties of the office, unless the person has filed a financial disclosure statement with the commission during the twelve-month period before he or she assumed office.

(b) A candidate for public office shall file a financial disclosure statement for the previous calendar year with the state Ethics Commission no later than ten days after he or she files a certificate of candidacy, but in all circumstances, not later than ten days prior to the election, unless he or she has filed a financial disclosure statement with the state Ethics Commission during the previous calendar year.

(d) A person seeking to be a candidate for office shall first file a certificate of candidacy as provided by law, and, second, shall file, no later than ten days of filing the certificate of candidacy, a financial disclosure statement with the Ethics Commission. No person may be certified as a candidate who has failed to file both documents.

(e) The Ethics Commission shall file a duplicate copy of the financial disclosure statement required in this section in the following offices within ten business days of the receipt of the candidate’s statement of disclosure or by the eighty-fourth day prior to the general election, whichever is sooner:

(1) Municipal candidates in municipalities which have opted, by ordinance, to be covered by the disclosure provisions of this section, in the office of the clerk of the municipality in which the candidate is seeking office;

(2) Legislative candidates in single county districts and candidates Candidates for a county office or county school board, in the office of the clerk of the county commission of the county in which the candidate is seeking office;

(3) Legislative candidates, circuit judge or family court judge candidates from multicounty districts, candidates for statewide office and congressional candidates, in the office of the clerk of the county commission of the county of the candidate’ residence Secretary of State.

After a ninety-day period following any election, the clerks who offices that receive the financial disclosure statements of candidates may destroy or dispose of those statements filed by candidates who were unsuccessful in the election.

(f) (1) Any candidate for public office who has failed to file a financial disclosure statement with the state Ethics Commission as required by this section is disqualified and the vacancy on the ballot created by the disqualification is subject to section nineteen, article five, chapter three of this code.

(2) No public official may take the oath of office or enter or continue upon his or her duties or receive compensation from public funds unless he or she has filed a financial disclosure statement with the state Ethics Commission as required by the provisions of this section.

(d) (g) The Ethics Commission may, upon request of any person required to file a financial disclosure statement, and for good cause shown, extend the deadline for filing such statement for a reasonable period of time: Provided, That no extension of time shall be granted to a candidate who has not filed a financial disclosure statement for the preceding filing period.

(f) (i) No person shall knowingly file a materially false statement that is required to be filed under this section.

(g) (j) The Ethics Commission shall publish either on the Internet or by printed document made available to the public a list of all persons who have violated any Ethics Commission’s financial disclosure statement filing deadline.

(h) (k) The Ethics Commission shall, in addition to making all financial disclosure statements available for inspection upon request:

(1) Publish on the Internet all financial disclosure statements filed by members of the Legislature and candidates for legislative office, elected members of the executive department and candidates for the offices that constitute the executive department, and members of the Supreme Court of Appeals and candidates for the Supreme Court of Appeals, commencing with those reports filed on or after January 1, 2012; and

(2) Publish on the Internet all financial disclosure statements filed by any other person required to file such financial disclosure statements, as the commission determines resources are available to permit the Ethics Commission to make such publication on the Internet. The commission shall redact financial disclosure statements published on the Internet to exclude from publication personal information such as signatures, home addresses and mobile and home telephone numbers.”

Delegate Lane asked and obtained unanimous consent that the amendment be withdrawn.

On motion of Delegates Shott and Manchin, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

(2) All members of state boards, commissions and agencies appointed by the Governor; and

(b) For purposes of subsection (a), a person is required to file if the person holds one of the positions listed in subdivisions (1), (2) or (3) as of January 31 of each calendar year.

(e) The Ethics Commission shall file provide a duplicate copy of the financial disclosure statement required in this section in the following offices within ten three days of the receipt of the candidate’s statement of disclosure or by the eighty-fourth day prior to the general election, whichever is sooner. The Ethics Commission may transmit such duplicate copy by mail, electronic communication, or facsimile to ensure prompt and timely delivery.

(f) (i) No person shall knowingly file a materially false statement that is required to be filed under this section.

(h) (k) The Ethics Commission shall, in addition to making all financial disclosure statements available for inspection upon request:

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 586), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 325) passed.

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

S. B. 363, Establishing maximum rates and service limitations for reimbursement of health care services by Court of Claims; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 587), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 363) passed.

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

S. B. 425, Relating to investments by MU, WVU and WVSOM; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 588), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 425) passed.

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

Com. Sub. for S. B. 439, Relating to higher education personnel; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 589), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 439) passed.

An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

Com. Sub. for S. B. 439 - “A Bill to amend and reenact §18B-4-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-7-1, §18B-7-2, §18B-7-8, §18B-7-9, §18B-7-11 and §18B-7-16 of said code; to amend and reenact §18B-9-1 and §18B-9-2 of said code; to amend and reenact §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6 and §18B-9A-7 of said code; and to amend said code by adding thereto a new section, designated §18B-9A-5a, all relating to public higher education personnel generally; clarifying roles and certain responsibilities of Higher Education Policy Commission, Council for Community and Technical College Education and state organizations of higher education; modifying legislative purposes and intent for higher education personnel, classification and compensation system, and classified employee salary schedule; defining terms and modifying defined terms; modifying and clarifying duties of Vice Chancellor for Human Resources of the Higher Education Policy Commission; eliminating outdated and redundant reporting, rule and review requirements; requiring certain personnel provisions be created and specifying responsibilities; modifying certain reporting requirements; providing for evaluation and reviews of organizations for certain human resource deficiencies, best practices and compliance with state higher education personnel laws; modifying percentages and criteria of percentages of employees designated as ‘nonclassified’; modifying requirements for study of employment practices; expanding applicability of certain salary schedule provisions and flexibilities; clarifying that certain provisions are only applicable to classified employees; modifying and clarifying powers and duties of the Job Classification Committee and Compensation Planning and Review Committee; eliminating certain approval of members of Job Classification Committee and Compensation Planning and Review Committee; eliminating requirement that salary schedules fall within relative market equity; clarifying role and considerations of the Higher Education Policy Commission and Community and Technical College Council in developing salary schedules for classified employees; requiring classification and compensation rules; and deleting obsolete provisions and making technical corrections.”

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

S. B. 447, Allowing issuance of diploma by public, private or home school administrator; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 590), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 447) passed.

On motion of Delegate Pasdon, the title of the bill was amended to read as follows:

S. B. 447 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-12, relating to allowing administrator of secondary education program at public, private or home school to issue diploma or other appropriate credential; establishing legal sufficiency of diploma or credential; prohibiting discrimination by state agency or institution of higher learning; and reserving to state agency and institution of higher learning authority to inquire about program content for certain purposes.”

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

Com. Sub. for S. B. 453, Relating to motor vehicle dealers, distributors, wholesalers and manufacturers; on third reading, coming up in regular order, was read a third time.

Delegates C. Miller and Moye requested to be excused from voting on the passage of Com. Sub. for S. B. 453 under the provisions of House Rule 49.

The Speaker replied that any impact on the Delegates would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 591), and there were--yeas 91, nays 8, absent and not voting 1, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 453) passed.

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

At 5:15 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for S. B. 37, Creating Revised Uniform Arbitration Act.

Com. Sub. for S. B. 455, Relating to public higher education procurement and payment of expenses; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 592), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 455) passed.

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

Com. Sub. for S. B. 523, Creating Alcohol and Drug Overdose Prevention and Clemency Act; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 593), and there were--yeas 99, nays 1, absent and not voting none and the nays being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 523) passed.

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

At the request of Delegate Cowles, and by unanimous consent, the House of Delegates returned to further consideration of Com. Sub. for H. B. 2478, Relating to public school finance, having been postponed in earlier proceedings.

The following Senate amendments were reported by the Clerk:On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §18-9A-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

(a) The allowance in the foundation school program for each county for transportation shall be the sum of the following computations:

(1) A percentage of the transportation costs incurred by the county for maintenance, operation and related costs exclusive of all salaries, including the costs incurred for contracted transportation services and public utility transportation, as follows:

(E) For any county for the transportation cost for maintenance, operation and related costs, exclusive of all salaries, for transporting students to and from classes at a multicounty vocational center, the percentage provided in paragraphs (A) through (D) of this subdivision as applicable for the county plus an additional ten percent; and

(F) For any county for that portion of its school bus system that uses as an alternative fuel compressed natural gas or propane, the percentage provided in paragraphs (A) through (D) of this subdivision as applicable for the county plus an additional ten percent: Provided, That for any county receiving an additional ten percent for that portion of their bus system using bio-diesel as an alternative fuel during the school year 2012-2013, bio-diesel shall continue to qualify as an alternative fuel under this paragraph to the extent that the additional percentage applicable to that portion of the bus system using bio-diesel shall be decreased by two and one-half percent per year for four consecutive school years beginning in school year 2014-2015: Provided, however, That any county using an alternative fuel and qualifying for the additional allowance under this subdivision shall submit a plan regarding the intended future use of alternatively fueled school buses;

(2) The total cost, within each county, of insurance premiums on buses, buildings and equipment used in transportation;

(3) An amount equal to eight and one-third percent of the current replacement value of the bus fleet within each county as determined by the state board: Provided, That the amount for the school year beginning July 1, 2015 will be $17,815,268. The amount shall only be used for the replacement of buses. Buses purchased after July 1, 1999 that are driven one hundred eighty thousand miles, regardless of year model, will be subject to the replacement value of eight and one-third percent as determined by the state board. In addition, in any school year in which its net enrollment increases when compared to the net enrollment the year immediately preceding, a school district may apply to the state superintendent for funding for an additional bus or buses. The state superintendent shall make a decision regarding each application based upon an analysis of the individual school district’s net enrollment history and transportation needs: Provided, That the superintendent shall not consider any application which fails to document that the county has applied for federal funding for additional buses. If the state superintendent finds that a need exists, a request for funding shall be included in the budget request submitted by the state board for the upcoming fiscal year; and

(4) Aid in lieu of transportation equal to the state average amount per pupil for each pupil receiving the aid within each county.

(b) The total state share for this purpose shall be is the sum of the county shares: Provided, That no county shall receive an allowance which is greater than one-third above the computed state average allowance per transportation mile multiplied by the total transportation mileage in the county exclusive of the allowance for the purchase of additional buses.

(c) One half of one percent of the transportation allowance distributed to each county shall be for the purpose of trips related to academic classroom curriculum and not related to any extracurricular activity. Any remaining funds credited to a county for the purpose of trips related to academic classroom curriculum during the fiscal year shall be carried over for use in the same manner the next fiscal year and shall be separate and apart from, and in addition to, the appropriation for the next fiscal year. The state board may request a county to document the use of funds for trips related to academic classroom curriculum if the board determines that it is necessary.”

Com. Sub. for H. B. 2478 - “A Bill to amend and reenact §18-9A-7 of the Code of West Virginia, 1931, as amended, relating to the foundation allowance for public education transportation cost; including propane as an eligible fuel for the ten percent additional percentage allowance for school bus systems using alternative fuels; and fixing the amount to be used for the replacement of buses for the school year beginning July 1, 2015.”

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment with further amendment, on page two, line fourteen, following the words “amount for”, by striking out the words “the school year beginning July 1, 2015 will be $17,815,268”, and inserting in lieu thereof the words “the school year beginning July 1, 2015, will be $15,000,000 and the amount for the school year beginning July 1, 2016, will be $18,000,000”.

The bill, as amended by the Senate and further amended by the House, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 594), and there were--yeas 74, nays 25, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Kelly, Kurcaba, Lane, Manchin, McGeehan, Miley, Moore, Pasdon, Perdue, Pethtel, L. Phillips, Reynolds, Rowe, Sponaugle, Statler, Trecost, Wagner and Weld.

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 H. B. 2478) passed.

On this question, the yeas and nays were taken (Roll No. 595), and there were--yeas 76, nays 23, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Byrd, Caputo, Ferro, Fleischauer, Fluharty, Folk, Kelly, Kurcaba, Manchin, Marcum, McGeehan, Miley, Moore, Pasdon, Perdue, L. Phillips, Reynolds, Sponaugle, Statler, Summers, Trecost, Wagner and Weld.

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. 2478) takes effect July 1, 2015.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

H. B. 2664, Creating “Andrea and Willy’s Law”; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the following Senate amendments were reported by the Clerk:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §17C-5-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend and reenact §17C-5A-2 all to read as follows:

§17C-5-2. Driving under influence of alcohol, controlled substances or drugs; penalties.

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(3) Commits the act or failure to act in reckless disregard of the safety of others and when the influence of alcohol, controlled substances or drugs is shown to be a contributing cause to the death; , is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two years nor more than ten years and shall be fined not less than $1,000 nor more than $3,000.

(D) Is under the combined influence of alcohol and any controlled substance or any other drug;

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than ninety days nor more than one year and shall be fined not less than $500 nor more than $1,000.

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes serious bodily injury to any person other than himself or herself, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than ten years and shall be fined not less than $1,000 nor more than $3,000 dollars.

(3) As used in this subsection, the words ‘serious bodily injury’ mean bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment .

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than one year, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $200 nor more than $1,000.

(3) As used in this subsection, the words ‘bodily injury’ mean bodily injury that causes substantial pain, illness or any impairment of physical condition.

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight, but less than fifteen hundredths of one percent, by weight;

(2) Is guilty of a misdemeanor and, upon conviction thereof, except as provided in section two-b of this article, shall be confined in jail for up to six months and shall be fined not less than $100 nor more than $500. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(e) Any person who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $200 nor more than $1,000. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(f) Any person who, being an habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this state is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $100 nor more than $500. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(1) Knowingly permits his or her vehicle to be driven in this state by any other person who:

(D) Is under the combined influence of alcohol and any controlled substance or any other drug;

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight;

(2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than $100 nor more than $500.

(h) Any person who knowingly permits his or her vehicle to be driven in this state by any other person who is an habitual user of narcotic drugs or amphetamine or any derivative thereof is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than $100 nor more than $500.

(i) Any person under the age of twenty-one years who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, for a first offense under this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $100. For a second or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty-four hours and shall be fined not less than $100 nor more than $500. A person who is charged with a first offense under the provisions of this subsection may move for a continuance of the proceedings, from time to time, to allow the person to participate in the Motor Vehicle Alcohol Test and Lock Program as provided in section three-a, article five-a of this chapter. Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person’s record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this subsection may not be construed as an admission or be used as evidence.

A person arrested and charged with an offense under the provisions of this subsection or subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) The person while driving has on or within the motor vehicle one or more other persons who are unemancipated minors who have not reached their sixteenth birthday is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than twelve months, which jail term is to include actual confinement of not less than forty-eight hours and shall be fined not less than $200 nor more than $1,000.

(k) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than six months nor more than one year and the court may, in its discretion, impose a fine of not less than $1,000 nor more than $3,000.

(l) A person violating any provision of subsection (b), (c), (d), (e), (f), (g) or (i) of this section, for the third or any subsequent offense under this section, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than three years and the court may, in its discretion, impose a fine of not less than $3,000 nor more than $5,000.

(m) For purposes of subsections (k) and (l) of this section relating to second, third and subsequent offenses, the following events shall be regarded as offenses under this section:

(1) Any conviction under the provisions of subsection (a), (b), (c), (d), (e), (f) or (g) of this section or under a prior enactment of this section for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding;

(2) Any conviction under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section, which offense occurred within the ten-year period immediately preceding the date of arrest in the current proceeding; and,

(3) Any period of conditional probation imposed pursuant section two-b of this article for violation of subsection (d) of this article, which violation occurred within the ten-year period immediately preceding the date of arrest in the current proceeding.

(n) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time period for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In that case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final, or the person has previously had a period of conditional probation imposed pursuant to section two-b of this article.

(o) The fact that any person charged with a violation of subsection (a), (b), (c), (d), (e) or (f) of this section, or any person permitted to drive as described under subsection (g) or (h) of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug does not constitute a defense against any charge of violating subsection (a), (b), (c), (d), (e), (f), (g) or (h) of this section.

(p) For purposes of this section, the term ‘controlled substance’ has the meaning ascribed to it in chapter sixty-a of this code.

(q) The sentences provided in this section upon conviction for a violation of this article are mandatory and are not subject to suspension or probation: Provided, That the court may apply the provisions of article eleven-a, chapter sixty-two of this code to a person sentenced or committed to a term of one year or less for a first offense under this section: Provided further, That the court may impose a term of conditional probation pursuant to section two-b of this article to persons adjudicated thereunder. An order for home detention by the court pursuant to the provisions of article eleven-b of said chapter may be used as an alternative sentence to any period of incarceration required by this section for a first or subsequent offense: Provided, however, That for any period of home incarceration ordered for a person convicted of second offense under this section, electronic monitoring shall be required for no fewer than five days of the total period of home confinement ordered and the offender may not leave home for those five days notwithstanding the provisions of section five, article eleven-b, chapter sixty-two of this code: Provided further, That for any period of home incarceration ordered for a person convicted of a third or subsequent violation of this section, electronic monitoring shall be included for no fewer than ten days of the total period of home confinement ordered and the offender may not leave home for those ten days notwithstanding section five, article eleven-b, chapter sixty-two of this code.

ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR DRUGS.

(a) Written objections to an order of revocation or suspension under the provisions of section one of this article or section seven, article five of this chapter shall be filed with the Office of Administrative Hearings. Upon the receipt of an objection, the Office of Administrative Hearings shall notify the Commissioner of the Division of Motor Vehicles, who shall stay the imposition of the period of revocation or suspension and afford the person an opportunity to be heard by the Office of Administrative Hearings. The written objection must be filed with Office of Administrative Hearings in person, by registered or certified mail, return receipt requested, or by facsimile transmission or electronic mail within thirty calendar days after receipt of a copy of the order of revocation or suspension or no hearing will be granted: Provided, That a successful transmittal sheet shall be necessary for proof of written objection in the case of filing by fax. The hearing shall be before a hearing examiner employed by the Office of Administrative Hearings who shall rule on evidentiary issues. The West Virginia Rules of Evidence shall apply without exception to all proceedings before the hearing examiner. Upon consideration of the designated record, the hearing examiner shall, based on the determination of the facts of the case and applicable law, render a decision affirming, reversing or modifying the action protested: Provided, That the DUI information sheet may only be used to refresh the memory of the officer who completed it. The decision shall contain findings of fact and conclusions of law and shall be provided to all parties by registered or certified mail, return receipt requested, or with a party’s written consent, by facsimile or electronic mail.

(b) The hearing shall be held at an office of the Division of Motor Vehicles suitable for hearing purposes located in or near the county in which the arrest was made in this state or at some other suitable place in the county in which the arrest was made if an office of the division is not available. At the discretion of the Office of Administrative Hearings, the hearing may also be held at an office of the Office of Administrative Hearings located in or near the county in which the arrest was made in this state. The Office of Administrative Hearings shall send a notice of hearing to the person whose driving privileges are at issue and the person’s legal counsel if the person is represented by legal counsel, by regular mail, or with the written consent of the person whose driving privileges are at issue or their legal counsel, by facsimile or electronic mail. The Office of Administrative Hearings shall also send a notice of hearing by regular mail, facsimile or electronic mail to the Division of Motor Vehicles, and the Attorney General’s Office, if the Attorney General has filed a notice of appearance of counsel on behalf of the Division of Motor Vehicles.

(c) (1) Any hearing shall be held within one hundred eighty days after the date upon which the Office of Administrative Hearings received the timely written objection unless there is a postponement or continuance.

(2) The Office of Administrative Hearings may postpone or continue any hearing on its own motion or upon application by the party whose license is at issue in that hearing or by the commissioner for good cause shown.

(3) The Office of Administrative Hearings may issue subpoenas commanding the appearance of witnesses and subpoenas duces tecum commanding the submission of documents, items or other things. Subpoenas duces tecum shall be returnable on the date of the next scheduled hearing unless otherwise specified. The Office of Administrative hearings shall issue subpoenas and subpoenas duces tecum at the request of a party or the party’s legal representative. The party requesting the subpoena shall be responsible for service of the subpoena upon the appropriate individual. Every subpoena or subpoena duces tecum shall be served at least five days before the return date thereof, either by personal service made by a person over eighteen years of age or by registered or certified mail, return receipt requested, and received by the party responsible for serving the subpoena or subpoena duces tecum: Provided, That the Division of Motor Vehicles may serve subpoenas to law-enforcement officers through electronic mail to the department of his or her employer. If a person does not obey the subpoena or fails to appear, the party who issued the subpoena to the person may petition the circuit court wherein the action lies for enforcement of the subpoena.

(d) Law-enforcement officers shall be compensated for the time expended in their travel and appearance before the Office of Administrative Hearings by the law-enforcement agency by whom they are employed at their regular rate if they are scheduled to be on duty during said time or at their regular overtime rate if they are scheduled to be off duty during said time.

(e) The principal question at the hearing shall be whether the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person’s blood of eight hundredths of one percent or more, by weight, or did refuse to submit to the designated secondary chemical test, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight.

(f) In the case of a hearing in which a person is accused of driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, or accused of driving a motor vehicle while having an alcohol concentration in the person’s blood of eight hundredths of one percent or more, by weight, or accused of driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings shall make specific findings as to: (1) Whether the investigating law-enforcement officer had reasonable grounds to believe the person to have been driving while under the influence of alcohol, controlled substances or drugs, or while having an alcohol concentration in the person’s blood of eight hundredths of one percent or more, by weight, or to have been driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) whether the person committed an offense involving driving under the influence of alcohol, controlled substances or drugs; and (4) whether the tests, if any, were administered in accordance with the provisions of this article and article five of this chapter.

(g) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person’s blood of eight hundredths of one percent or more, by weight, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person and was committed in reckless disregard of the safety of others and if the Office of Administrative Hearings further finds that the influence of alcohol, controlled substances or drugs or the alcohol concentration in the blood was a contributing cause to the death, the commissioner shall revoke the person’s license for a period of ten years: Provided, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(h) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person’s blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person, the commissioner shall revoke the person’s license for a period of five years: Provided, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(i) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person’s blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused bodily injury to a person other than himself or herself, the commissioner shall revoke the person’s license for a period of two years: Provided, That if the license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person’s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(j) If the Office of Administrative Hearings finds by a preponderance of the evidence that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person’s blood of eight hundredths of one percent or more, by weight, but less than fifteen hundredths of one percent or more, by weight, or finds that the person knowingly permitted the persons vehicle to be driven by another person who was under the influence of alcohol, controlled substances or drugs, or knowingly permitted the person’s vehicle to be driven by another person who had an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight the commissioner shall revoke the person’s license for a period of six months or a period of fifteen days with an additional one hundred and twenty days of participation in the Motor Vehicle Alcohol Test and Lock Program in accordance with the provisions of section three-a of this article: Provided, That any period of participation in the Motor Vehicle Alcohol Test and Lock Program that has been imposed by a court pursuant to section two-b, article five of this chapter shall be credited against any period of participation imposed by the commissioner: Provided, however, That a person whose license is revoked for driving while under the influence of drugs is not eligible to participate in the Motor Vehicle Alcohol Test and Lock Program: Provided further, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: And provided further, That if the person’s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(k) (1) If in addition to finding by a preponderance of the evidence that the person did drive a motor vehicle while under the influence of alcohol, controlled substance or drugs, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person did drive a motor vehicle while having an alcohol concentration in the person’s blood of fifteen hundredths of one percent or more, by weight, the commissioner shall revoke the person’s license for a period of forty-five days with an additional two hundred and seventy days of participation in the Motor Vehicle Alcohol Test and Lock Program in accordance with the provisions of section three-a, article five-a, chapter seventeen-c of this code: Provided, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person’s license has previously been suspended or revoked the person’s license more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(2) If a person whose license is revoked pursuant to subdivision (1) of this subsection proves by clear and convincing evidence that they do not own a motor vehicle upon which the alcohol test and lock device may be installed or is otherwise incapable of participating in the Motor Vehicle Alcohol Test and Lock Program, the period of revocation shall be one hundred eighty days: Provided, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person’s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(l) If, in addition to a finding that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person, and if the Office of Administrative Hearings further finds that the alcohol concentration in the blood was a contributing cause to the death, the commissioner shall revoke the person’s license for a period of five years: Provided, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(M) If, in addition to a finding that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused bodily injury to a person other than himself or herself, and if the Office of Administrative Hearings further finds that the alcohol concentration in the blood was a contributing cause to the bodily injury, the commissioner shall revoke the person’s license for a period of Two years: Provided, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person’s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(n) If the Office of Administrative Hearings finds by a preponderance of the evidence that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the commissioner shall suspend the person’s license for a period of sixty days: Provided, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article, the period of revocation shall be for one year, or until the person’s twenty-first birthday, whichever period is longer.

(o) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person’s blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did have on or within the Motor vehicle another person who has not reached his or her sixteenth birthday, the commissioner shall revoke the person’s license for a period of one year: Provided, That if the person’s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person’s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(p) For purposes of this section, where reference is made to previous suspensions or revocations under this section, the following types of criminal convictions or administrative suspensions or revocations shall also be regarded as suspensions or revocations under this section or section one of this article:

(1) Any administrative revocation under the provisions of the prior enactment of this section for conduct which occurred within the ten years immediately preceding the date of arrest;

(2) Any suspension or revocation on the basis of a conviction under a municipal ordinance of another state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in section two, article five of this chapter for conduct which occurred within the ten years immediately preceding the date of arrest; or

(3) Any revocation under the provisions of section seven, article five of this chapter for conduct which occurred within the ten years immediately preceding the date of arrest.

(q) In the case of a hearing in which a person is accused of refusing to submit to a designated secondary test, the Office of Administrative Hearings shall make specific findings as to: (1) Whether the arresting law-enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) whether the person committed an offense relating to driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (4) whether the person refused to submit to the secondary test finally designated in the manner provided in section four, article five of this chapter; and (5) whether the person had been given a written statement advising the person that the person’s license to operate a motor vehicle in this state would be revoked for at least forty-five days and up to life if the person refused to submit to the test finally designated in the manner provided in said section.

(r) If the Office of Administrative Hearings finds by a preponderance of the evidence that: (1) The investigating officer had reasonable grounds to believe the person had been driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) the person committed an offense relating to driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (4) the person refused to submit to the secondary test finally designated in the manner provided in section four, article five of this chapter; and (5) the person had been given a written statement advising the person that the person’s license to operate a motor vehicle in this state would be revoked for at least forty-five days and up to life if the person refused to submit to the test finally designated, the commissioner shall revoke the person’s license to operate a motor vehicle in this state for the periods specified in section seven, article five of this chapter. The revocation period prescribed in this subsection shall run concurrently with any other revocation period ordered under this section or section one of this article arising out of the same occurrence. The revocation period prescribed in this subsection shall run concurrently with any other revocation period ordered under this section or section one of this article arising out of the same occurrence.

(s) If the Office of Administrative Hearings finds to the contrary with respect to the above issues, it shall rescind or modify the commissioner’s order and, in the case of modification, the commissioner shall reduce the order of revocation to the appropriate period of revocation under this section or section seven, article five of this chapter. A copy of the Office of Administrative Hearings’ final order containing its findings of fact and conclusions of law made and entered following the hearing shall be served upon the person whose license is at issue or upon the person’s legal counsel if the person is represented by legal counsel by registered or certified mail, return receipt requested, or by facsimile or by electronic mail if available. The final order shall be served upon the commissioner by electronic mail. During the pendency of any hearing, the revocation of the person’s license to operate a motor vehicle in this state shall be stayed.

A person whose license is at issue and the commissioner shall be entitled to judicial review as set forth in chapter twenty-nine-a of this code. Neither the commissioner nor the Office of Administrative Hearings may stay enforcement of the order. The court may grant a stay or supersede as of the order only upon motion and hearing, and a finding by the court upon the evidence presented, that there is a substantial probability that the appellant shall prevail upon the merits and the appellant will suffer irreparable harm if the order is not stayed: Provided, That in no event shall the stay or supersede as of the order exceed one hundred fifty days. The Office of Administrative Hearings may not be made a party to an appeal. The party filing the appeal shall pay the Office of Administrative Hearings for the production and transmission of the certified file copy and the hearing transcript to the court. Notwithstanding the provisions of section four, article five of said chapter, the Office of Administrative Hearings may not be compelled to transmit a certified copy of the file or the transcript of the hearing to the circuit court in less than sixty days. Circuit clerk shall provide a copy of the circuit court’s final order on the appeal to the Office of Administrative Hearings by regular mail, by facsimile, or by electronic mail if available.

(t) In any revocation or suspension pursuant to this section, if the driver whose license is revoked or suspended had not reached the driver’s eighteenth birthday at the time of the conduct for which the license is revoked or suspended, the driver’s license shall be revoked or suspended until the driver’s eighteenth birthday or the applicable statutory period of revocation or suspension prescribed by this section, whichever is longer.

(u) Funds for this section’s hearing and appeal process may be provided from the Drunk Driving Prevention Fund, as created by section forty-one, article two, chapter fifteen of this code, upon application for the funds to the Commission on Drunk Driving Prevention.”

Com. Sub. for H. B. 2664 - “A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5A-2 of said code, all relating to creating ‘Andrea, Willy and Nelson’s Law’; making driving under the influence of alcohol, controlled substances or drugs causing death a felony in all instances; eliminating the misdemeanor offense of driving under the influence of alcohol, controlled substances or drugs; creating a new felony offense of driving while under the influence of alcohol, controlled substances or drugs causing serious bodily injury; providing definitions of ‘bodily injury’ and ‘serious bodily injury’; providing that the West Virginia Rules of Evidence apply without exception to administrative proceedings concerning license revocation for driving under the influence; and providing that DUI information sheets may only be used to refresh an officer’s memory at administrative proceedings concerning license revocation for driving under the influence.”

On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the following Senate amendments were reported by the Clerk:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

§18-2E-5b. Legislative findings with respect to West Virginia’s education standards; state superintendent duties.

(1) As the constitutional body charged with providing for a thorough and efficient system of schools, the Legislature has enacted, by general law, a process for improving education that includes four primary elements, these being: Standards, assessments, accountability and capacity building to ensure that students attain the knowledge and skills that result from a thorough and efficient system of education;

(2) The Legislature has the authority and the responsibility to establish and be engaged constructively in the determination of the knowledge and skills that students should know and be able to do as the result of a thorough and efficient education and this determination is made by using the process for improving education to determine when school improvement is needed, by evaluating the results and the efficiency of the system of schools, by ensuring accountability and by providing for the necessary capacity and its efficient use. As the constitutional body charged with the general supervision of schools as provided by the West Virginia Constitution, the state board has the authority and the responsibility to establish the standards, assess the performance and progress of students against the standards, hold schools and school systems accountable and assist schools and school systems to build capacity and improve efficiency so that the standards are met, including, when necessary, seeking additional resources in consultation with the Legislature and the Governor;

(3) Congressional reauthorization of the Elementary and Secondary Education Act (ESEA), known as the No Child Left Behind Act (NCLB), required states to implement state specific criterion referenced summative assessment tests, establish accountability measures and annual targets for adequate yearly progress through a U. S. Department of Education approved process, and impose designations and consequences on schools for failure to meet the annual targets necessary for all students to score at the proficient level on the tests by 2014;

(4) West Virginia moved to the new curriculum-based testing program during the 2003-04 school year with the WESTEST developed under a contract with CTB/McGraw Hill as a part of its compliance plan to meet the NCLB requirements;

(5) In March 2006, the West Virginia Board of Education assembled teams of master teachers to develop 21st Century Content Standards and Objectives for West Virginia Schools to incorporate higher levels of critical thinking and problem solving skills and improve alignment with other national and international assessments. First placed on public comment for 60 days in July, 2005, these standards underwent several additional reviews by state and national experts and the public and several revisions before final adoption by the West Virginia Board of Education and placed into effect July 1, 2008;

(6) In May 2009, WESTEST 2, a new statewide assessment aligned with the new 21st Century Content Standards and Objectives, was administered for the first time;

(7) Also in 2009, West Virginia joined other states in an effort to develop Common Core State Standards. The West Virginia Board of Education, as recorded in the minutes of its May 12, 2010, meeting, unanimously approved the Common Core State Standards for English Language Arts and Literacy in History/Social Studies and Science and the Common Core State Standards for Mathematics for alignment with West Virginia’s 21st Century Content Standards and Objectives for implementation beginning in fall 2011. Shortly thereafter, separate committees in these two subject areas, each consisting of classroom teachers and representatives of higher education faculty, began this work and placed a particular standard into the West Virginia framework only when the best available evidence indicated that its mastery was essential for college and career readiness;

(8) Following this process and a public comment period, the West Virginia Board of Education adopted Next Generation Content Standards and Objectives;

(9) A requirement for college and career readiness standards enacted during the 2013 regular legislative session in section thirty-nine, article two of this chapter directs the state board, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in formally adopting uniform and specific college and career readiness standards for English/language arts and math that allow for a determination of whether a student needs to enroll in a post-secondary remedial course. The results on the statewide student assessment in grade eleven must be used to determine whether a student has met the college and career readiness standards in these subjects or allow for the student’s enrollment in transitional courses in the twelfth grade if necessary;

(10) A decade-long trend of gradually closing the gap with national averages in math and scoring near or above the national averages in reading for West Virginia student scores on the National Assessment of Educational Progress (NAEP) reversed course beginning in 2001. This unintended negative consequence was likely, in part, the result of accumulated inconsistencies and loss of focus on sustained instructional improvement as teachers continually readjusted to frequently changing standards and assessments, and the system goal became how to avoid the harsh consequences of failing to meet the AYP targets required by NCLB as they increasing became statistically unattainable. As the 2014 deadline approached for 100% of students scoring proficient on the state summative assessment, it was apparent that no schools in West Virginia would achieve this NCLB goal and, therefore, all schools would be labeled as failing and face the required sanctions. In the face of long overdue reauthorization of the Elementary and Secondary Education Act, schools in West Virginia, like most across the country, had little choice but to seek the relief offered under the ESEA Flexibility process;

(11) West Virginia applied for flexibility during the 3rd application window, due September 6, 2012. The ESEA Flexibility Request required states to address three principles:

(B) Principle 2: State-Developed Differentiated Recognition, Accountability and Support; and

(12) West Virginia met Principle 1 with the adopted Next Generation Standards for English Language Arts and Mathematics, met Principle 2 by designing an accountability method and support system for schools recognized as success, transition, focus, support or priority schools based on rates of student academic growth and achievement, and met Principle 3 by modifying the statutory professional personnel performance evaluation system to place the entire measure of student learning for teachers of English Language Arts and Mathematics in the tested grades on the state summative assessment. West Virginia’s ESEA Flexibility was approved in May, 2013;

(13) The state board has since also modified West Virginia’s accountability system by adopting an A-F grading system for schools which will be embedded in the federal flexibility renewal request. It also has modified its rules for Next Generation Standards to comply with WV Code by adding twelfth grade transition courses in English Language Arts and Mathematics for students below the college and career ready level; and

(14) ESEA Flexibility is subject to continued monitoring by the U. S. Department of Education and is subject to renewal due March 31, 2015.

(b) The Legislature further finds that the funding for West Virginia public schools comes from about 59% state and 31% local revenue sources with the federal government contributing only about 10% of the state’s total school funding. Federal funding under the Elementary and Secondary Education Act amounted to about $362 million for the 2012-13 school year and supplements the education of disadvantaged and special needs students. The receipt of federal funding allows the federal government to require accountability for funds expended for certain educational purposes and to require college and career ready standards and aligned assessments. The West Virginia Board of Education and Department of Education shall collaborate with the federal government to implement these accountability systems in a manner which does not hamper their constitutional mandate to supervise the free schools of the state and does not hamper the Legislature’s constitutional mandate to provide a thorough and efficient system of free schools.

(A) West Virginia’s standards are college and career ready as required in section thirty-nine, article two of this chapter;

(B) West Virginia’s standards are revised as needed to ensure that West Virginia students will be adequately prepared for college and careers;

(C) Schools and school systems in West Virginia have adequate and appropriate curriculum and instructional strategies to provide instruction that enables students to meet college and career ready standards;

(D) Sufficient training and professional development is provided to equip teachers and leaders to utilize curriculum and instructional strategies that enable students to meet college and career ready standards; and

(E) Schools and school systems in West Virginia have appropriate information and resources to engage and assist parents with helping improve the learning of their children.

(2) Establish English Language Arts and Mathematics standards review committees which may be subdivided by content and grade level. The review committees shall assist and advise the state superintendent in the review and revision process to ensure that the standards recommended to the West Virginia Board of Education for adoption are college and career ready. The review committees shall consist of, at a minimum, the following members:

(A) West Virginia certified teachers with subject matter and grade level expertise;

(vii) Three Senators appointed by the President of the Senate, one of whom shall be the chair of the Senate Education Committee and one of whom shall be a member of the minority party, and three Delegates appointed by the Speaker of the House, one of whom shall be the chair of the House Education Committee and one of whom shall be a member of the minority party; and

(3) Conduct at least four regional town hall style meetings to engage members of the public in the standards review process: Provided, That the public also shall be provided an opportunity to participate in the standards review process through an online review and comment platform.

(4) Regularly inform the Legislature of any actions taken with respect to standards, assessments, accountability and professional development through reporting to the Legislative Oversight Commission on Education Accountability.

(d) At the conclusion of the comprehensive review process set forth in subdivision (c) of this section, but not later than January 1, 2017, the state superintendent shall recommend to the West Virginia Board of Education such amendments, additions or deletions to the English Language arts and Mathematics standards as are necessary to assure that the standards are college and career ready.

(e) As part of review process the state superintendent shall recommend to the West Virginia Board of Education an appropriate schedule of statewide summative assessment schedule for grades 3-12. Also, as part of the review process, the state superintendent shall direct a review of the Student Data Accessibility, Transparency and Accountability Act set forth in section five-h, article two of this chapter and the longitudinal data system set forth in section ten, article one-d, chapter eighteen-b of this code.

(f) The collection of confidential student information and the disclosure of personally identifiable student information not in accordance with section five-h, article two of this chapter and other applicable state law is prohibited.

(g) As a result of the review process set forth in subsection (c) of this section, the state superintendent shall recommend to the state board the appropriate statewide summative assessments and schedule of assessments.

(h) The content standards and objectives based upon the Common Core State Standards for all programs of study in effect on March 14, 2015 shall remain in effect and may not be amended in any way until the comprehensive review process is completed in accordance with subsection (d) of this section.

(i) The Legislative Oversight Commission on Education Accountability shall monitor and inform the Legislature on implementation of this section.”

Com. Sub. for H. B. 2934 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-5b, relating to making findings with respect to a thorough and efficient education and role of the Legislature; making findings with respect to the West Virginia Board of Education; making findings with respect to the Elementary and Secondary Education Act and the affect of certain amendments; making findings with respect to changes in standards and assessments; making findings with respect to reverse in trend of improving student National Assessment of Educational Progress scores and likely causes; making findings with respect to ESEA flexibility relief, state application and subsequent actions; and making findings with respect to school funding sources, the influence of federal funds and the use of federal funds to coerce changes in standards, assessments and accountability system; making findings with respect to inappropriate usurpation of state sovereignty over public education and results sufficient to impede process for improving education; directing certain actions by state superintendent in response to findings; requiring state superintendent to undertake a comprehensive review of standards; requiring state superintendent to establish English Language Arts and Mathematics standards review committees; requiring state superintendent to conduct at least four regional town hall style meetings; require the public be provided an opportunity to participate in the standards review process through an online review and comment platform; requiring the state superintendent to regularly inform the legislature of certain actions; requiring the state superintendent to recommend to the state board such amendments, additions or deletions to the English Language Arts and Mathematics standards as are necessary to assure that the standards are college and career ready; requiring recommendation relating to an appropriate schedule of statewide summative assessment schedule; requiring review of the Student Data Accessibility, Transparency and Accountability Act and the longitudinal data system; prohibiting collection and disclosure of certain information; requiring the state superintendent to make certain recommendations to the state board; requiring certain content standards and objectives remain in effect and not be amended until review process completed; and requiring the Legislative Oversight Commission on Education Accountability to monitor and inform the Legislature on the implementation of certain provisions.”

On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

Com. Sub. for S. B. 529, Relating to PERS, SPRS and TRS benefits and costs; on third reading, coming up in regular order, with amendments pending, and with restricted right to amend jointly by Delegates E. Nelson and Boggs, was reported by the Clerk.

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page forty-nine, section twenty-one, line eighteen, following the word “member”, by inserting “who first becomes a member of the retirement system before July 1, 2015 and ”.

On page ninety-nine, following line fifteen, by striking out all of section twenty-three in its entirety and inserting in lieu thereof the following:

(a) Benefits upon withdrawal from service prior to retirement under the provisions of this article shall be as follows:

(1) A contributor who withdraws from service for any cause other than death, disability or retirement shall, upon application, be paid his or her accumulated contributions up to the end of the fiscal year preceding the year in which application is made, after offset of any outstanding loan balance, plus accrued loan interest, pursuant to section thirty-four of this article, but in no event shall interest be paid beyond the end of five years following the year in which the last contribution was made: Provided, That the contributor, at the time of application, is then no longer under contract, verbal or otherwise, to serve as a teacher; or

(2) Except as provided in section twenty-five-b of this article, if If the inactive member has completed twenty years of total service, he or she may elect to receive at age sixty an annuity which shall be computed as provided in this article: Provided, That if the inactive member has completed at least five, but fewer than twenty, years of total service in this state, he or she may elect to receive at age sixty-two an annuity which shall be computed as provided in this article. The inactive member must notify the retirement board in writing concerning the election. If the inactive member has completed fewer than five years of service in this state, he or she shall be subject to the provisions as outlined in subdivision (1) of this subsection.

(b) Benefits upon the death of a contributor prior to retirement under the provisions of this article shall be paid as follows:

(1) If the contributor was at least fifty years old and if his or her total service as a teacher or nonteaching member was at least twenty-five years at the time of his or her death, then the surviving spouse of the deceased, provided the spouse is designated as the sole primary refund beneficiary, is eligible for an annuity computed as though the deceased were actually a retirant at the time of death and had selected a survivorship option which pays the spouse the same monthly amount which would have been received by the deceased; or

(2) If the facts do not permit payment under subdivision (1) of this subsection, then the following sum shall be paid to the refund beneficiary of the contributor: (A) The contributor’s accumulated contributions up to the plan year of his or her death plus an amount equal to his or her member contributions. Provided, That the latter sum shall emanate from the Employer’s Accumulation Fund; and (B) the refund beneficiary of any individual who became a member of the retirement system as a result of the voluntary transfer contemplated in article seven-d of this chapter shall also be paid the member contributions plus the vested portion of employer contributions made on his or her behalf to the Teachers’ Defined Contribution Retirement System, plus any earnings thereon, as of June 30, 2008, as stated by the retirement board.”

On page one hundred six, section twenty-five-b, line seventeen, following the word “age”, by striking out the words “sixty-four” and inserting in lieu thereof the word “sixty-two”.

An amendment offered by Delegates Eldridge and Skinner was reported by the Clerk on page

one hundred ten, line seven, following section twenty-five-b, by inserting the following:

“ARTICLE 7D. VOLUNTARY TRANSFER FROM TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM TO STATE TEACHERS RETIREMENT SYSTEM.

§18-7D-6. Service credit in State Teachers Retirement System following transfer; conversion of assets; adjustments.

(a) Any member who has affirmatively elected to transfer to the state Teachers Retirement System within the period provided in section seven of this article whose assets have been transferred from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System pursuant to the provisions of this article and who has not made any withdrawals or cash-outs from his or her assets is, depending upon the percentage of actively contributing members affirmatively electing to transfer, entitled to service credit in the State Teachers Retirement System in accordance with the provisions of subsection (c) of this section.

(b) Any member who has made withdrawals or cash-outs will receive service credit based upon the amounts transferred. The board shall make the appropriate adjustment to the service credit the member will receive.

(c) More than seventy-five percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elected to transfer to the state Teachers Retirement System within the period provided in section seven of this article. Therefore, any member of the Defined Contribution Retirement System who decides to transfer to the State Teachers Retirement System, calculates his or her service credit in the State Teachers Retirement System as follows:

(1) For any member affirmatively electing to transfer, the member's State Teachers Retirement System credit shall be seventy-five percent of the member’s Teachers’ Defined Contribution Retirement System service credit, less any service previously withdrawn by the member or due to a qualified domestic relations order and not repaid;

(2) To receive full credit in the State Teachers Retirement System for service in the Teachers' Defined Contribution Retirement System for which assets are transferred, members who affirmatively elected to transfer and who provided to the board a signed verification of cost for service credit purchase form by the effective date of the amendments to this section enacted in the 2009 regular legislative session shall pay into the State Teachers Retirement System a one and one-half percent contribution by no later than June 30, 2009 July 1, 2015, or no later than ninety days after the postmarked date on a final and definitive contribution calculation from the board, whichever is later. This contribution shall be calculated as one and one-half percent of the member's estimated total earnings for which assets are transferred, plus interest of four percent per annum accumulated from the date of the member's initial participation in the Defined Contribution Retirement System through June 30, 2009: Provided, That any member who transferred and provided to the board a signed verification of cost for service credit purchase form by June 30, 2009, but was unable to complete the purchase of the one and one-half percent contribution, or any member who did not request a verification of cost letter but attempted to purchase the one and one-half percent contribution and was denied in writing by the board on or before December 31, 2009, may request the board on or before April 15, 2010 April 15, 2015, to recalculate the contribution for 2010 2015. To receive full credit, the member shall pay into the State Teachers Retirement System the recalculated purchase amount by June 30, 2010 July 1, 2015, or no later than sixty days after the postmarked date on a contribution recalculation from the board, whichever is later. The recalculated contribution shall include the interest loss at the actuarial rate of seven and one-half percent. The board’s executive director may correct clerical errors.

(A) For a member contributing to the Defined Contribution Retirement System at any time during the 2008 fiscal year and commencing membership in the State Teachers Retirement System on July 1, 2008, or August 1, 2008, as the case may be:

(i) The estimated total earnings shall be calculated based on the member's salary and the member’s age nearest birthday on June 30, 2008;

(ii) This calculation shall apply both an annual backward salary scale from that date for prior years' salaries and a forward salary scale for the salary for the 2008 fiscal year.

(B) The calculations in paragraph (A) of this subdivision are based upon the salary scale assumption applied in the West Virginia Teachers Retirement System actuarial valuation as of July 1, 2007, prepared for the Consolidated Public Retirement Board. This salary scale shall be applied regardless of breaks in service.

(d) All service previously transferred from the State Teachers Retirement System to the Teachers' Defined Contribution Retirement System is considered Teachers' Defined Contribution Retirement System service for the purposes of this article.

(e) Notwithstanding any provision of this code to the contrary, the retirement of a member who becomes eligible to retire after the member's assets are transferred to the State Teachers Retirement System pursuant to the provisions of this article may not commence before September 1, 2008: Provided, That the Consolidated Public Retirement Board may not retire any member who is eligible to retire during the calendar year 2008 unless the member has provided a written notice to his or her county board of education by July 1, 2008, of his or her intent to retire.

(f) The provisions of section twenty-eight-e, article seven-a of this chapter do not apply to the amendments to this section enacted during the 2009 regular legislative session.”

“That §5-10-2, §5-10-14, §5-10-15, §5-10-15a, §5-10-20, §5-10-21 and §5-10-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §5-10-21a; that §5-13-2 of said code be amended and reenacted; that §5-16-13 of said code be amended and reenacted; that §15-2A-21 of said code be amended and reenacted; that §18-7A-17, §18-7A-23, §18-7A-25 of said code be amended and reenacted; that §18-7D-6 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §18-7A-17a and §18-7a-25b, all to read as follows” followed by a colon.

Delegate Skinner was recognized and asked unanimous consent to offer an amendment to the amendment.

At the request of Delegate Cowles and by unanimous consent, the bill was placed at the foot of bills on third reading.

Com. Sub. for S. B. 537, Changing mandatory school instructional time from days to minutes; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 596), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 537) passed.

On this question, the yeas and nays were taken (Roll No. 597), and there were--yeas 100, nays none, absent and not voting none.

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. 537) takes effect from its passage.

Com. Sub. for S. B. 542, Clarifying provisions of Consumer Credit and Protection Act relating to debt collection; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 598), and there were--yeas 61, nays 34, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Bates, Byrd, Cadle, Campbell, Caputo, Eldridge, Fleischauer, Fluharty, Frich, Guthrie, Hartman, Hornbuckle, Lane, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Statler, Trecost and Wagner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 542) passed.

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

Com. Sub. for S. B. 548, Changing procedure for filling U. S. Senator vacancies; on third reading, coming up in regular order, was, at the request of Delegate Cowles, and by unanimous consent, placed at the foot of bills.

S. B. 577, Allowing higher education governing boards invest certain funds with nonprofit foundations; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 599), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 577) passed.

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

S. B. 582, Relating to Herbert Henderson Office of Minority Affairs; on third reading, coming up in regular order, with amendments pending and the right to amend, was reported by the Clerk.

On motion of Delegate Cowles, the bill was amended on page five, section one, line sixteen, following the word “review”, by striking out the word “the” and inserting in lieu thereof the words “and consider any”.

On page five, section one, line eighteen, following the word “recommendations”, by inserting a period and striking out the remainder of the sentence.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 600), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 582) passed.

On this question, the yeas and nays were taken (Roll No. 601), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 582) 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.

S. B. 584, Transferring Cedar Lakes Camp and Conference Center to private, nonstock, not-for-profit corporation; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 602), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 584) passed.

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

Com. Sub. for S. B. 537, Changing mandatory school instructional time from days to minutes; still being in possession of the Clerk, was taken up for further consideration.

On motion of Delegate Cowles the House of Delegates then reconsidered the vote on the effective date of the bill.

An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill as follows:

Com. Sub. for S. B. 537 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to the school calendar; requiring county board lost time recovery policies to include recovery for emergency closures and restricting applicable lost time to conditions that make attendance unsafe for students; requiring instructional time accrued or added in excess of certain minimums counted toward meeting 180 separate instructional day requirement; specifying per day minimums and amounts accumulated that count as day recovered for schools of different grade levels; counting days recovered prior to scheduling instruction on other days; authorizing decrease of instructional term for declared state of emergency or emergency preparedness; removing expired provisions; and referencing other alternative provisions for school term or instructional term approval.”

On this question, the yeas and nays were taken (Roll No. 603), and there were--yeas 100, nays none, absent and not voting none.

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. 537) takes effect from it passage.

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

The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for S. B. 518, Permitting county and municipal economic development authorities invest certain funds.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for S. B. 192, Authorizing Department of Transportation promulgate legislative rules.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

Com. Sub. for H. B. 2664, Creating “Andrea and Willy’s Law”; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

The Speaker appointed as conferees on the part of the House of Delegates the following:

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

At 6:20 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 7:30 p.m.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

The Speaker appointed as conferees on the part of the House of Delegates the following:

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

The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:

Com. Sub. for H. C. R. 24, The US Army SP5 Johnnie Marvin Ayers Memorial Bridge,

Com. Sub. for H. C. R. 39, The USMC LCpl Julius C. “Corky” Foster Memorial Bridge,

H. C. R. 131, Requesting the Joint Committee on Government and Finance to study the issues, needs and challenges facing senior citizens in this state.

The Clerk of the Senate, announced that the Senate had passed, without amendment, bills of the House of Delegates as follows:

Com. Sub. for H. B. 2571, Creating a fund for pothole repair contributed to by private businesses or entities,

H. B. 2598, Ensuring that teachers of students with disabilities receive complete information about the school’s plan for accommodating the child’s disabilities,

Com. Sub. for H. B. 2810, Implementing the West Virginia Property Rescue Initiative to reduce the number of properties posing a threat to public health and safety,

H. B. 2877, Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes,

Com. Sub. for H. B. 3006, Relating to the determination of the adjusted rate established by the Tax Commissioner for the administration of tax deficiencies.

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, the following bills of the House of Delegates:

Com. Sub. for H. B. 2160, WV Schools for the Deaf and Blind eligible for School Building Authority funding,

Com. Sub. for H. B. 2772, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Auditor’s Office - Purchasing Card Administration Fund,

Com. Sub. for H. B. 2766, Expiring funds to the unappropriated balance in the State Fund, General Revenue from the Joint Expenses, and from the Department of Health and Human Resources,

H. B. 3020, Making a supplementary appropriation to the Department of Military Affairs and Public Safety, Division of Corrections,

H. B. 3021, Making a supplementary appropriation to the Department of Health and Human Resources,

H. B. 3022, Making a supplementary appropriation to the Treasurer’s Office, to the State Board of Education, to Mountwest Community and Technical College, to the West Virginia School of Osteopathic Medicine, and to West Virginia State University.

The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2015, a bill of the House of Delegates as follows:

Com. Sub. for H. B. 2840, Providing an alternative plan to make up lost days of instruction.

Com. Sub. for S. B. 529, Relating to PERS, SPRS and TRS benefits and costs; on third reading, was reported by the Clerk.

Delegate Skinner asked and obtained unanimous consent that the amendment reported previously be replaced.

On motion of Delegates Eldridge and Skinner the bill was amended on page one hundred ten, line seven, after section twenty-five (b), by inserting the following:

“ARTICLE 7D. VOLUNTARY TRANSFER FROM TEACHERS’ DEFINED CONTRIBUTION RETIREMENT SYSTEM TO STATE TEACHERS RETIREMENT SYSTEM.

§18-7D-6. Service credit in State Teachers Retirement System following transfer; conversion of assets; adjustments.

(a) Any member who has affirmatively elected to transfer to the state Teachers Retirement System within the period provided in section seven of this article whose assets have been transferred from the Teachers’ Defined Contribution Retirement System to the state Teachers Retirement System pursuant to the provisions of this article and who has not made any withdrawals or cash-outs from his or her assets is, depending upon the percentage of actively contributing members affirmatively electing to transfer, entitled to service credit in the State Teachers Retirement System in accordance with the provisions of subsection (c) of this section.

(c) More than seventy-five percent of actively contributing members of the Teachers’ Defined Contribution Retirement System affirmatively elected to transfer to the state Teachers Retirement System within the period provided in section seven of this article. Therefore, any member of the Defined Contribution Retirement System who decides to transfer to the State Teachers Retirement System, calculates his or her service credit in the State Teachers Retirement System as follows:

(1) For any member affirmatively electing to transfer, the member’s State Teachers Retirement System credit shall be seventy-five percent of the member’s Teachers’ Defined Contribution Retirement System service credit, less any service previously withdrawn by the member or due to a qualified domestic relations order and not repaid;

(2) To receive full credit in the State Teachers Retirement System for service in the Teachers’ Defined Contribution Retirement System for which assets are transferred, members who affirmatively elected to transfer and who provided to the board a signed verification of cost for service credit purchase form by the effective date of the amendments to this section enacted in the 2009 regular legislative session shall pay into the State Teachers Retirement System a one and one-half percent contribution by no later than June 30, 2009 July 1, 2015, or no later than ninety days after the postmarked date on a final and definitive contribution calculation from the board, whichever is later. This contribution shall be calculated as one and one-half percent of the member’s estimated total earnings for which assets are transferred, plus interest of four percent per annum accumulated from the date of the member’s initial participation in the Defined Contribution Retirement System through June 30, 2009, and interest of seven and one-half percent per annum accumulated from July 1, 2009 through July 1, 2015:: Provided, That any member who transferred and provided to the board a signed verification of cost for service credit purchase form by June 30, 2009, but was unable to complete the purchase of the one and one-half percent contribution, or any member who did not request a verification of cost letter but attempted to purchase the one and one-half percent contribution and was denied in writing by the board on or before December 31, 2009, may request the board on or before April 15, 2010 April 15, 2015, to recalculate the contribution for 2010 2015. To receive full credit, the member shall pay into the State Teachers Retirement System the recalculated purchase amount by June 30, 2010 July 1, 2015, or no later than sixty days after the postmarked date on a contribution recalculation from the board, whichever is later. The recalculated contribution shall include the interest loss at the actuarial rate of seven and one-half percent. The board’s executive director may correct clerical errors.

(i) The estimated total earnings shall be calculated based on the member’s salary and the member’s age nearest birthday on June 30, 2008;

(ii) This calculation shall apply both an annual backward salary scale from that date for prior years’ salaries and a forward salary scale for the salary for the 2008 fiscal year.

(d) All service previously transferred from the State Teachers Retirement System to the Teachers’ Defined Contribution Retirement System is considered Teachers’ Defined Contribution Retirement System service for the purposes of this article.

(e) Notwithstanding any provision of this code to the contrary, the retirement of a member who becomes eligible to retire after the member’s assets are transferred to the State Teachers Retirement System pursuant to the provisions of this article may not commence before September 1, 2008: Provided, That the Consolidated Public Retirement Board may not retire any member who is eligible to retire during the calendar year 2008 unless the member has provided a written notice to his or her county board of education by July 1, 2008, of his or her intent to retire.

(f) The provisions of section twenty-eight-e, article seven-a of this chapter do not apply to the amendments to this section enacted during the 2009 regular legislative session or the 2015 regular legislative session.”

Delegates J. Nelson and Ambler requested to be excused from voting on the passage of Com. Sub. for S. B. 529 under the provisions of House Rule 49.

The Speaker replied that any impact on the Delegates would be as members of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 604), and there were--yeas 58, nays 41, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Ambler, Anderson, Bates, Boggs, Byrd, Cadle, Campbell, Caputo, Duke, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Kelly, Lane, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, P. Smith, Sponaugle, Trecost, Upson, H. White and Williams.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 529) passed.

On this question, the yeas and nays were taken (Roll No. 605), and there were--yeas 66, nays 34, absent and not voting none, with the nays being as follows:

Nays: Boggs, Byrd, Campbell, Caputo, Duke, Faircloth, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, P. Smith, Sponaugle, Trecost, Upson, H. White and Williams.

So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion rejected.

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

Having voted on the prevailing side, Delegate Manchin moved to reconsider action on the effective date of Com. Sub. for S. B. 529.

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

H. B. 2161, Adopting the Uniform Act on Prevention of and Remedies for Human Trafficking.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

The Committee on the Judiciary moved to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5 and §15-14-6; that §61-2-17 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §61-2-17a and §61-2-17b; and that §62-1D-8 of said code be amended and reenacted, all to read as follows:

This article may be cited as the Uniform Act on Prevention of and Remedies for Human Trafficking.

(1) Human trafficking constitutes a serious problem in West Virginia and across the nation;

(2) Human trafficking is abhorrent to a civilized society and deserving of the most diligent response from the state;

(3) Human trafficking often involves minors who have been forced into involuntary servitude and commercial sexual activity;

(4) Human trafficking can take many forms, but generally includes the use of physical abuse, threats of harm, or fear of other consequences to prevent victims from reporting the activity; and

(5) Human trafficking creates a cycle of violence, impacting victims, families, and communities.

(1) Legislation is required to combat this despicable practice, to make it easier to prosecute and punish persons who engage in human trafficking and to protect and support the victims; and

(2) The Legislature supports a comprehensive approach to combating human trafficking, which approach includes prevention, protection, prosecution, and partnerships.

(c) Now, therefore, the Legislature joins the federal government and other states around the nation in passing legislation in order to combat human trafficking and protect the victims.

Unless otherwise specified in this article, the terms used in this article have same meaning ascribed to them by section seventeen, article two, chapter sixty-one of this code. ‘Commission’ means the Commission on the Prevention of Human Trafficking.

(a) The Commission on Human Trafficking is hereby created. Membership on the commission consists of the following:

(1) The Director of the Division of Justice and Community Service or a designee;

(3) The Secretary of the Department of Health and Human Resources, or a designee;

(8) A representative of the West Virginia Sheriff’s Association, selected by the membership of the Association;

(9) A representative from the membership of the West Virginia Chiefs of Police Association, selected by the membership of the Association;

(10) A representative of the West Virginia Prosecuting Attorneys Association, selected by the leadership of the Association;

(11) A representative from the membership of the West Virginia Foundation for Rape and Information Services, selected by the membership of the Foundation;

(12) A representative from the membership of the West Virginia Child Advocacy Network,

(13) A representative from the membership of the West Virginia Coalition Against Domestic Violence, selected by the membership of the Coalition;

(b) The state agencies represented on the commission created under this section shall provide staff to the commission.

(c) The first meeting of the commission shall be held no later than September 1, 2015, where the members of the commission shall elect a chairperson. Thereafter, the commission shall meet at least twice each calendar year. Meetings may be held via teleconference or other electronic means. A majority of the members of the council constitute a quorum.

(1) Develop a coordinated and comprehensive plan to provide victims with services;

(2) Promote public awareness about human trafficking, victim remedies and services, and trafficking prevention;

(3) Create a public-awareness poster that contains the National Human Trafficking Resource Center hotline information;

(4) Develop a concise card or brochure for victims, concerning their rights to any state, federal, or privately funded services;

(5) Coordinate training on human-trafficking prevention and victim services for state and local employees who may have recurring contact with victims or perpetrators; and

(6) Submit a report to the Governor and the Joint Committee on Government and Finance summarizing the accomplishments of the commission during the preceding fiscal year and making recommendations regarding the development and coordination of the state’s responses to fight human trafficking and support victims.

(a) The Division of Highways shall display a public-awareness poster that contains the National Human Trafficking Resource Center hotline information in every rest area and welcome center in the state which is open to the public.

(b) An employer shall display the public-awareness poster described in subsection (a) in a place that is clearly conspicuous and visible to employees and the public at each of the following locations in this state at which the employer has employees:

(2) A business entity that has been found to be in violation of section five, article eight, chapter sixty-one of this code;

(a) A victim is eligible for benefits or services available through the state or identified in the plan developed under subsection (d), section four of this article, including, but not limited to, the advocacy and shelter services required by article twenty-six, chapter forty-eight of this code.

(b) A victim is eligible for compensation under the Crime Victim’s Compensation Fund established in article two-a, chapter fourteen of this code.

(c) A minor who has engaged in commercial sexual activity is eligible for benefits or services available through the state and identified in the plan developed under subsection (d), section four of this article, including, but not limited to, the children’s protective services required by article six, chapter forty-nine of this code.

(d) As soon as practicable after a first encounter with an individual who reasonably appears to a law-enforcement officer to be a victim or minor who has engaged in commercial sexual activity, the law enforcement officer shall notify the appropriate agencies identified in the co-ordinated and comprehensive plan developed under subsection (d), section four of this article, that the individual may be eligible for a benefit or service under this code. Nothing in this article is intended to prevent individuals from reporting suspected commercial sexual activity of a victim or minor to law enforcement, or any other appropriate agency or entity.

(A) The use or threat of force against, abduction of, serious harm to, or physical restraint of, an individual;

(B) The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of, an individual;

(D) Controlling or threatening to control an individual’s access to a controlled substance as defined in article two, chapter sixty-a of this code;

(E) The destruction or taking of or the threatened destruction or taking of an individual’s identification document or other property;

(G) The use of an individual’s physical or mental impairment when the impairment has a substantial adverse effect on the individual’s cognitive or volitional function; or

(A) Commercial sexual activity in payment toward or satisfaction of a real or purported debt; or

(B) Labor or services in payment toward or satisfaction of a real or purported debt, if the status or condition of a debtor arising from a pledge by the debtor of the debtor’s personal services, or those of a person under the debtor’s control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

(2) (3) ‘Forced labor or services’ means labor or services that are performed or provided by another one person and are obtained or maintained through a another person’s:

(A) Threat, either implicit or explicit, deception or fraud, scheme, plan, or pattern, or other action intended to cause a person to believe that, if the person did not perform or provide the labor or services that person or another person would suffer serious bodily harm or physical restraint: Provided, That, this does not include work or services provided by a minor to the minor’s parent or legal guardian so long as the legal guardianship or custody of the minor was not obtained for the purpose compelling the minor to participate in commercial sex acts or sexually explicit performance, or perform forced labor or services.

(D) Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person.

‘Forced labor or services’ does not mean labor or services required to be performed by a person in compliance with a court order or as a required condition of probation, parole, or imprisonment.

(3) (4) ‘Human trafficking’ means the labor trafficking or sex trafficking involving adults or minors where two or more persons are trafficked within any one year period the commission of an offense created by subsection (b) of this section.

(5) ‘Identification document’ means a passport, driver’s license, immigration document, travel document or other government-issued identification document, including a document issued by a foreign government.

(7) ‘Person’ means an individual, estate, business or nonprofit entity, or other legal entity. The term does not include a public corporation or government or governmental subdivision agency or instrumentality.

(8) ‘Sexual activity’ includes sexual contact, sexual intercourse, and sexual intrusion as defined by section one, article eight-b, chapter sixty-one of this code. The term also includes a sexually explicit performance.

(9) ‘Sexually explicit performance’ means an act or show, whether public or private, live, or photographed, recorded, or videotaped, intended to appeal to an individual’s prurient interest or to depict in a patently offensive way, sexual conduct, and to do so in a way that lacks artistic or scientific value.

(10) ‘Victim’ means an individual who is subjected to human trafficking or to conduct that would have constituted human trafficking had this section been in effect when the conduct occurred, regardless of whether a perpetrator is identified, apprehended, prosecuted, or convicted.

(4) ‘Labor trafficking’ means the promotion, recruitment, transportation, transfer, harboring, enticement, provision, obtaining or receipt of a person by any means, whether a United States citizen or foreign national, for the purpose of:

(5) ‘Sex trafficking of minors’ means the promotion, recruitment, transportation, transfer, harboring, enticement, provision, obtaining or receipt of a person under the age of eighteen by any means, whether a United States citizen or foreign national, for the purpose of causing the minor to engage in sexual acts, or in sexual conduct violating the provisions of subsection (b), section five, article eight of this chapter or article eight-c of this chapter.

(6) ‘Sex trafficking of adults’ means the promotion, recruitment, transportation, transfer, harboring, enticement, provision, obtaining, receipt of a person eighteen years of age or older, whether a United States citizen or foreign national for the purposes of engaging in violations of subsection (b), section five, article eight of this chapter by means of force, threat, coercion, deception, abuse or threatened abuse of the legal process, or any scheme, plan, pattern, or other action intended to cause a person to believe that, if the person did not engage in a violation of subsection (b), section five, article eight of this chapter, that person or another person would suffer serious bodily harm or physical restraint.

(1) Knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of forced labor or to coerce an individual to engage in commercial sexual activity.

(2) Knowingly uses coercion to compel an individual to provide labor or services, except when such conduct is permissible under federal law or state law.

(3) Knowingly maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or

(4) Uses coercion or deception to compel an adult to engage in commercial sexual activity.

(1) The entity knowingly engaged in conduct that constitutes human trafficking; or

(2) An employee or agent of the entity engaged in conduct that constitutes human trafficking and the commission of the offense was part of a pattern of illegal activity under this section for the benefit of the entity, which the entity knew was occurring and failed to take effective action to stop.

(b)(d) Any person who knowingly and willfully engages in human trafficking is guilty of a felony and, upon conviction shall be incarcerated in a state correctional facility for an indeterminate sentence of not less than three nor more than fifteen years or fined not more than $200,000, or both. Any business entity that engages in human trafficking may be fined not more than $500,000 for each offense, be required to disgorge profit from activity in violation of this section pursuant to section five, article thirteen of this chapter, and be debarred from state and local government contracts.

(c) (e) A victim may bring a civil action against a person that commits an offense of human trafficking for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. The court may award compensatory damages, punitive damages, injunctive relief and any other appropriate relief. A prevailing victim is also entitled to attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant’s acts were willful and malicious. An action under this section must be commenced not later than ten (10) years after the later date on which the victim was freed from the human trafficking situation, or attained 18 years of age. Damages awarded to the victim under this section must be offset by any other restitution paid to the victim. This section does not preclude any other remedy available to the victim under federal law or the law of this state other than the Uniform Act on Prevention of and Remedies for Human Trafficking.

(d) (f) Notwithstanding the definition of victim in subsection (k), section three, article two-a, chapter fourteen of this code, a person who is a victim of human trafficking is a victim for all purposes of article two-a, chapter fourteen of this code.

(e) (g) This article and the rights and remedies provided in this article are cumulative and in addition to other existing rights.

(f) Notwithstanding the age and criminal history limitations set forth in section twenty-six, article eleven of this chapter, any person convicted of prostitution in violation of subsection (b), section five, article eight of this chapter where the conviction was a result of the person being a victim of human trafficking as defined in this section, may petition the circuit court of the county of conviction for an order of expungement pursuant to section twenty-six, article eleven of this chapter.

No victim of human trafficking seeking relief under this subsection shall be required to prove her or she has rehabilitated himself or herself in order to obtain expungement.

(a) The terms used in this section have the same meaning ascribed to them by subsection (a), section seventeen of this article.

(b) An individual is not criminally liable or subject to juvenile-delinquency proceedings for prostitution, in violation of subsection (b), section five, article eight of this chapter, if the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim.

(c) A minor who under subsection (a) or (b) is not subject to criminal liability or a juvenile-delinquency proceeding is presumed to be a neglected or abused child, in need of services under section nine, article six, chapter forty-nine of this code.

(d) This section does not apply in a prosecution or a juvenile-delinquency proceeding for soliciting, inducing, enticing or procuring a prostitute in violation of subsection (b), section five, article eight of this chapter.

§61-2-17b. Petition to vacate and expunge conviction of sex trafficking victim.

(a) The terms used in this section have the same meaning ascribed to them by subsection (a), section seventeen of this article.

(b) Notwithstanding the age and criminal history limitations set forth in section twenty-six, article eleven of this chapter, an individual convicted of prostitution in violation of subsection (b), section five, article eight of this chapter as a direct result of being a victim of human trafficking may apply by petition to the circuit court in the county of conviction to vacate the conviction and expunge the record of conviction. The court may grant the petition on a finding that the individual’s participation in the offense was a direct result of being a victim of human trafficking.

(c) No victim of human trafficking seeking relief under this section shall be required to prove he or she has rehabilitated himself or herself in order to obtain expungement.

(d) A petition filed under subsection (b), any hearing conducted on the petition, and any relief granted shall meet the procedural requirements of section twenty-six, article eleven, chapter sixty-one of this code: Provided, That a victim of human trafficking is not subject to the age and criminal history limitations set forth in that section.

§62-1D-8. County prosecuting attorney or duly appointed special prosecutor may apply for order authorizing interception.

The prosecuting attorney of any county or duly appointed special prosecutor may apply to one of the designated circuit judges referred to in section seven of this article and such judge, in accordance with the provisions of this article, may grant an order authorizing the interception of wire, oral or electronic communications by an officer of the investigative or law-enforcement agency when the prosecuting attorney or special prosecutor has shown reasonable cause to believe the interception would provide evidence of the commission of: (i) Kidnaping or abduction as defined and prohibited by the provisions of sections fourteen and fourteen-a, article two, chapter sixty-one of this code and including threats to kidnap or demand ransom as defined and prohibited by the provisions of section fourteen-c of said article two; or (ii) of any offense included and prohibited by section eleven, article four, chapter twenty-five of said code, sections eight, nine and ten, article five, chapter sixty-one of said code or section one, article eight, chapter sixty-two of said code to the extent that any of said sections provide for offenses punishable as a felony; or (iii) dealing, transferring or trafficking in any controlled substance or substances in the felonious violation of chapter sixty-a of this code; or (iv) human trafficking as defined and prohibited by section seventeen, article two, chapter sixty-one of this code; or (iv)(v) any aider or abettor to any of the foregoing offenses or any conspiracy to commit any of the foregoing offenses if any aider, abettor or conspirator is a party to the communication to be intercepted.”

H. B. 2161 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5 and §15-14-6; to amend and reenact §61-2-17 of said code; to amend said code by adding thereto two new sections, designated §61-2-17a and §61-2-17b; and to amend and reenact §62-1D-8 of said code, all relating to adopting the Uniform Act on Prevention of and Remedies for Human Trafficking; creating a Commission on the Prevention of Human Trafficking; requiring the public posting of hotline information in certain business and public locations; making services available to victims of human trafficking; providing victims immunity from criminal prosecution for certain crimes directly resulting from human trafficking; changing the definition of human trafficking; expanding criminal remedies and enforcement tools to combat human trafficking and allowing victims to petition the circuit court to vacate and expunge a conviction for certain crimes directly resulting from human trafficking.”

On the passage of the bill, the yeas and nays were taken (Roll No. 606), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2161) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2266, Relating to the publication requirements of the administration of estates.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the Senate amendments as follows:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That §44-2-2 and §44-2-3 of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto a new section, designated §16-5-9a; that §44-1-14a of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §44-1-30; and that §44-2-1 of said code be amended and reenacted, all to read as follows:

In order to assist clerks of county commission fulfill their responsibilities under chapter forty-four of this code, the State Registrar shall require persons completing certificates of death, to include any known legal residences of the decedent, if different than the place of death.

§44-1-14a. Notice of administration of estate; time limits for filing of objections; liability of personal representative.

(a) Within thirty days of the filing of the appraisement of any estate or within one hundred twenty days of the date of qualification of the personal representative if an appraisement is not filed as required in section fourteen of this article, the clerk of the county commission shall publish, once a week for two successive weeks, in a newspaper of general circulation within the county of the administration of the estate, a notice, which is to include:

(2) The name and address of the county commission before whom the proceedings are pending;

(4) The name and address of any attorney representing the personal representative;

(7) A statement that claims against the estate must be filed within sixty days of the date of first publication in accordance with the provisions of article two or article three-a of this chapter;

(8) A statement that any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of section eleven, twelve or thirteen, article five, chapter forty-one of this code;

(9) A statement that an interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court must be filed with the county commission within three months sixty days after the date of first publication or thirty days of service of the notice, whichever is later; and

(10) If the appraisement of the assets of the estate shows the value to be $100,000 $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or, if it appears to the clerk that there is only one beneficiary of the probate estate and that the beneficiary is competent at law, a statement substantially as follows: ‘Settlement of the estate of the following named decedents will proceed without reference to a fiduciary commissioner unless within ninety sixty days from the first publication of this notice a reference is requested by a party in interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner’. If a party in interest requests the fiduciary commissioner to conclude the administration of the estate or an unpaid creditor files a claim, no further notice to creditors shall be published in the newspaper, and the personal representative shall be required to pay no further fees, except to the fiduciary commissioner for conducting any hearings, or performing any other duty as a fiduciary commissioner. The time period for filing claims against the estate shall expire upon the time period set out in the notice to creditors published by the clerk of the county commission as required in this subsection (a). In the event that If an unpaid creditor files a claim, the fiduciary commissioner shall conduct a hearing on the claim filed by the creditor, otherwise, the fiduciary commissioner shall conclude the administration of the estate as requested by the interested party.

(11) This notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication of such notice shall be equivalent to personal service on creditors, distributees and legatees.

(b) If no appraisement is filed within the time period established pursuant to section fourteen of this article, the county clerk shall send a notice to the personal representative by first class mail, postage prepaid, indicating that the appraisement has not been filed. Notwithstanding any other provision of this code to the contrary, the county clerk shall publish the notice required in subsection (a) of this section within six months of the qualification of the personal representative.

(c) The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable.

(d) The personal representative shall, within sixty days after the date of first publication, serve a copy of the notice, published pursuant to subsection (a) of this section, by first class mail, postage prepaid, or by personal service on the following persons:

(1) If the personal representative is not the decedent’s surviving spouse and not the sole beneficiary or sole heir, the decedent’s surviving spouse, if any;

(2) If there is a will and the personal representative is not the sole beneficiary, any beneficiaries;

(3) If there is not a will and the personal representative is not the sole heir, any heirs;

(5) All creditors identified under subsection (c) of this section, other than a creditor who filed a claim as provided in article two of this chapter or a creditor whose claim has been paid in full.

(e) Any person interested in the estate who objects to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file notice of an objection with the county commission within ninety days after the date of the first publication as required in subsection (a) of this section or within thirty days after service of the notice as required by subsection (d) of this section, whichever is later. If an objection is not timely filed, the objection is forever barred.

(f) A personal representative acting in good faith is not personally liable for serving notice under this section, notwithstanding a determination that notice was not required by this section. A personal representative acting in good faith who fails to serve the notice required by this section is not personally liable. The service of the notice in accordance with this subsection may not be construed to admit the validity or enforceability of a claim.

(g) The clerk of the county commission shall collect a fee of $20 for the publication of the notice required in this section.

(h) For purposes of this section, the term beneficiary means a person designated in a will to receive real or personal property.

§44-1-30. Death certificate or other proof of death and residence may be required.

The clerk of the county commission may require a certified copy of a decedents death certificate or other proof of death and residence prior to fulfilling the clerk’s responsibilities under this chapter.

(a) Upon the return of the appraisement by the personal representative to the county clerk, the estate of his or her decedent, by order of the county commission, must be referred to a fiduciary commissioner for proof and determination of debts and claims, establishment of their priority, determination of the amount of the respective shares of the legatees and distributes, and any other matter necessary for the settlement of the estate: Provided, That in counties where there are two or more commissioners, the estates of decedents must be referred to the commissioners in rotation, so there may be an equal division of the work. Notwithstanding any other provision of this code to the contrary, a fiduciary commissioner may not charge to the estate a fee greater than $300 and expenses for the settlement of an estate, except upon: (I) Approval of the personal representative; or (ii) a determination by the county commission that the fee is based upon the actual time spent and actual services rendered pursuant to a schedule of fees or rate of compensation for fiduciary commissioners promulgated by the commission in accordance with the provisions of section nine, article one, chapter fifty-nine of this code.

(b) If the personal representative delivers to the clerk an appraisement of the assets of the estate showing their value to be $100,000 $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or if it appears to the clerk that there is only one beneficiary of the probate estate and that the beneficiary is competent at law, the clerk shall record the appraisement. If an unpaid creditor files a claim against the estate, the personal representative has twenty days after the date of the filing of a claim against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner. If the personal representative approves all claims as filed, then no reference may be made.

The personal representative shall, within a reasonable time after the date of recordation of the appraisement: (I) File a waiver of final settlement in accordance with the provisions of section twenty-nine of this article; or (ii) make a report to the clerk of his or her receipts, disbursements and distribution and submit an affidavit stating that all claims against the estate for expenses of administration, taxes and debts of the decedent have been paid in full. Upon receipt of the waiver of final settlement or report, the clerk shall record the waiver or report and mail copies to each beneficiary and creditor by first-class mail, postage prepaid. The clerk shall retain the report for ten days to allow any beneficiary or creditor to appear before the county commission to request reference to a fiduciary commissioner. The clerk shall collect a fee of $10 for recording and mailing the waiver of final settlement or report.

If no request or objection is made to the clerk or to the county commission, the county commission may confirm the report of the personal representative, the personal representative and his or her surety shall be discharged; but if an objection or request is made, the county commission may confirm and record the accounting or may refer the estate to its fiduciary commissioners: Provided, That the personal representative has twenty days after the date of the filing of a claim against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner and if all claims are approved as filed, then no reference may be made.

(c) For purposes of this section, the term beneficiary means a person designated in a will to receive real or personal property.”

Com. Sub. for H. B. 2266 - “A Bill to repeal §44-2-2 and §44-2-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §16-5-9a; to amend and reenact §44-1-14a of said code; to amend said code by adding thereto a new section, designated §44-1-30; and to amend and reenact §44-2-1 of said code, all relating generally to administration of estates; repealing provision requiring fiduciary commissioner to publish notice of time for receiving claims against decedents’ estates; changing requirements for publication by county clerk; requiring legal residences to be included on certificates of death; reducing creditors claim period from ninety to sixty days; increasing value of estates for which a fiduciary commissioner need not be appointed; and authorizing clerk of the county commission to require a certified copy of a decedent’s certificate of death or other proof of death and residence.”

On the passage of the bill, the yeas and nays were taken (Roll No. 607), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

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 H. B. 2266) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the Senate amendment as follows:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

(1) ‘Emergency repair’ means a repair that is necessary to prevent the risk of imminent injury to a person or further damage to the homeowner’s residence;

(2) ‘Residential real estate’ means any real property located in West Virginia, upon which is constructed or intended to be constructed a dwelling;

(3) ‘Roof system’ means the components of a roof to include, but not be limited to, covering, framing, insulation, sheathing, ventilation, guttering and weatherproofing; and

(4) ‘Roofing contractor’ means a person or entity in the business of contracting or offering to contract with an owner of residential real estate to repair or replace a roof system.

(a) An owner, who on or after July 1, 2015, enters into a contract with a roofing contractor to provide goods or services related to a roof system of residential real estate and who expects the goods or services to be paid from the proceeds of a property and casualty insurance policy, may cancel the contract prior to midnight of the fifth business day after the owner has received notice from the insurer that all or part of the claim is not a covered loss under the property and casualty insurance policy.

(b) The contract with the roofing contract is cancelled when the owner either personally delivers written notice of cancellation to the roofing contractor; deposits the written notice of cancellation in the United States mail, postage prepaid and addressed to the roofing contractor at the address stated in the contract; transmits the notice of cancellation to the roofing contractor by facsimile; or sends an e-mails containing a notice of cancellation.

(c) The owner may use any form of notice of cancellation that is sufficient to indicate, by any form of written expression, the intention of the owner not to be bound by the contract.

§46A-6M-3. Roofing contractor’s duty to disclose rights of the consumer via standard form.

Prior to entering into a contract on or after July 1, 2015, for the provision of goods or services relating to the repair or replacement of any part of a roof system of residential real estate as provided in section two of this article, a roofing contractor shall furnish the owner of the residential real estate with:

(1) The mailing address of the roofing contractor through which written communication may be received;

(2) The telephone number of the roofing contractor and, if applicable, the facsimile number and e-mail address of the contractor;

(3) A statement in at least ten point boldface type that states: ‘Because you expect all or part of the cost of the roofing repair or replacement to be paid out of the proceeds of a property and casualty insurance policy, you may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation you may have under state or federal law or rule or regulation. However, be advised that if you cancel this contract, you are still responsible to pay the reasonable and customary expenses of any emergency repair services you authorized. See the attached Notice of Cancellation form for an explanation of this right.’; and

(4) A fully completed form in duplicate, under the conspicuous caption ‘NOTICE OF CANCELLATION,’ and attached to, but easily detachable from the contract, in at least ten point boldface type that shall read as follows:

If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel this contract without penalty or monetary obligation, except where you have authorized emergency repair services for which you are still responsible for payment, before midnight of the fifth business day after you have received notice from your insurer. To cancel this transaction you may use any of the following methods: Mail or otherwise deliver a signed and dated copy of this cancellation notice, or any other written notice of cancellation which you- sign-and date, to (enter physical address of roofing contractor), or e-mail a notice of cancellation to (enter e-mail address of roofing contractor), or transmit a notice of cancellation to (enter facsimile number of roofing contractor), not later than midnight of the fifth day after you receive notice from your insurer. By signing below, you certify that your insurer has denied all or part of your claim.

I HEREBY ATTEST THAT I HAVE BEEN NOTIFIED BY THE INSURER THAT ALL OR PART OF MY CLAIM HAS BEEN DENIED AND I HEREBY CANCEL THIS TRANSACTION.

§46A-6M-4. Advanced payments prohibited; refunds; emergency repairs; unenforceable contract.

(a) Except as provided in subsection (c) of this section, on or after July 1, 2015, a roofing contractor may not require any advance payments under a contract for the repair or replacement of any part of a roof system of a residential real estate, when payment is expected to be made from the proceeds of a property or casualty insurance policy until the cancellation period, as provided in section two of this article has expired.

(b) Within ten days after a contract has been canceled, as provided in section two of this article, a roofing contractor shall tender to the owner, any payments, partial payments, or deposits made, and any note or other evidence of indebtedness, except as provided in subsection (c) of this section.

(c) A roofing contractor that performs any emergency repair services authorized by the owner of residential real estate, may collect a reasonable and customary amount for the emergency repair services performed for the authorizing owner.

(d) Any provision in a contract executed on or after July 1, 2015, for the repair of a roof system of residential real estate, as provided in sections one and five of this article, that requires the payment of any fee, except for repair services performed under subsection (c) of this section, is not enforceable against any person who has canceled a contract under section two of this article.

(a) Notwithstanding the provisions relating to public adjusters, as defined in section one-e, article twelve-b, chapter thirty-three of this code, on or after July 1, 2015, a roofing contractor may not represent, negotiate, or advertise to represent or negotiate on behalf of an owner of residential real estate on any insurance claim in connection with the repair or replacement of a roof system. Nothing in this subsection may be construed to prohibit a roofing contractor from:

(1) Providing an estimate for repair, replacement, construction or reconstruction of the roof system to the owner of residential real estate; or

(2) Conferring with an insurance company’s representative about damage to the property after a claim has been submitted by the owner of residential real estate.

(b) On or after July 1, 2015, a roofing contractor or person representing a roofing contractor may not:

(1) Offer to pay or rebate all or any portion of an insurance deductible or claims proceeds as an inducement to the sale of goods or services related to a residential roofing contract;

(2) Pay the owner of residential real estate for whom services have been performed pursuant to this article for any reason or any form of compensation, including, but not limited to a:

(a) If a roofing contractor violates the provisions of this article, the owner or the applicable insurer may bring an action against the roofing contractor in a court of competent jurisdiction for damages sustained by the owner or insurer as a consequence of the roofing contractor’s violation.

(b) A roofing contractor who willfully violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or confined in jail not more than one year, or both fined and confined.”

On the passage of the bill, the yeas and nays were taken (Roll No. 608), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

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 H. B. 2395) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

H. B. 2607, Relating to the violation of interfering with emergency services communications and clarifying penalties.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the Senate title amendment as follows:

H. B. 2607 - “A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, relating to penalties incurred from obstructing, fleeing from and making false statements to law-enforcement, probation and parole officers and interfering with emergency communications; and amending the penalties for several of the violations to make it clear that the convicted person may be both fined and confined.”

On the passage of the bill, the yeas and nays were taken (Roll No. 609), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2607) passed.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

Com. Sub. for H. B. 2769, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue from various agencies.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the Senate amendments as follows:

On page eleven, after “June 30, 2015” and the period, by striking out the period and inserting in lieu thereof a colon and inserting the following: “Provided, That the expiration of funds provided herein shall not occur until such time as the bonds authorized by the provisions of section sixteen-b, article fifteen, chapter thirty-one of the Code of West Virginia for improvements to Cacapon State Park and Beech Fork State Park have been sold.”

Com. Sub. for H. B. 2769 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2015 in the amount of $1,500,000 from the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2012, organization 0608, appropriation 59200, and in the amount of $400,103.30 from the Department of Transportation, Division of Public Transit, fund 0510, fiscal year 2013, organization 0805, appropriation 25800, and in the amount of $3,861,297 from the Department of Administration, Risk and Insurance Management Board - Premium Tax Savings Fund, fund 2367, fiscal year 2015, organization 0218, and in the amount of $1,329.28 from the Department of Health and Human Resources, Division of Health, Uniform Health Professional Data Collection Systems Fund, fund 5109, fiscal year 2015, organization 0506, and in the amount of $478.81 from the Department of Health and Human Resources, Division of Health, Commonly Based Fetal and Infant Mortality Review Fund, fund 5131, fiscal year 2015, organization 0506, and in the amount of $18,609.27 from the Department of Health and Human Resources, Division of Health, Claude Worthington Benedum Foundation Fund, fund 5132, fiscal year 2015, organization 0506, and in the amount of $2,500 from the Department of Health and Human Resources, Division of Health, Behavioral Health Clearing Fund, fund 5151, fiscal year 2015, organization 0506, and in the amount of $13,193.90 from the Department of Health and Human Resources, Division of Health, Special Education Title I Fund, fund 5161, fiscal year 2015, organization 0506, and in the amount of $45 from the Department of Health and Human Resources, Division of Health, Rural Health Networking Project Fund, fund 5184, fiscal year 2015, organization 0506, and in the amount of $1,400,000 from the Department of Health and Human Resources, Division of Health, Vital Statistics Improvement Fund, fund 5225, fiscal year 2015, organization 0506, and in the amount of $6,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - Health Care Cost Review Fund, fund 5375, fiscal year 2015, organization 0507, and in the amount of $4,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - West Virginia Health Information Network Account, fund 5380, fiscal year 2015, organization 0507, and in the amount of $2,000,000 from the Department of Health and Human Resources, West Virginia Health Care Authority - West Virginia Health Care Authority Revolving Loan Fund, fund 5382, fiscal year 2015, organization 0507, and in the amount of $4,976.37 from the Department of Health and Human Resources, Division of Human Services, Special County General Relief Fund, fund 5054, fiscal year 2015, organization 0511, and in the amount of $18,118.01 from the Department of Health and Human Resources, Division of Human Services, Individual and Family Grant Program, fund 5055, fiscal year 2015, organization 0511, and in the amount of $251,657.05 from the Department of Health and Human Resources, Division of Human Services, TRIP Fund, fund 5070, fiscal year 2015, organization 0511, and in the amount of $4,000,000 from the Department of Health and Human Resources, Division of Human Services, Medicaid Fraud Control Fund, fund 5141, fiscal year 2015, organization 0511, and in the amount of $223,310.69 from the Department of Health and Human Resources, Division of Human Services - Marriage Education Fund, fund 5490, fiscal year 2015, organization 0511, and in the amount of $16,700,000 from the Department of Revenue, Insurance Commissioner, fund 7152, fiscal year 2015, organization 0704, and all subject to the condition that bonds authorized in section sixteen-b, article fifteen, chapter thirty-one of the Code of West Virginia for improvements to Cacapon State Park and Beach Fork State Park have been sold.”

On the passage of the bill, the yeas and nays were taken (Roll No. 610), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:

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 H. B. 2769) passed.

On this question, the yeas and nays were taken (Roll No. 611), and there were--yeas 100, nays none, absent and not voting none.

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. 2769) takes effect from its passage.

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

The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

H. B. 2926, Relating to deferral charges in connection with a consumer credit sale or consumer loan.

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the Senate amendments as follows:

On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

(1) With respect to a precomputed consumer credit sale or consumer loan, refinancing or consolidation, the parties before or after default may agree in writing to a deferral of all or part of one or more unpaid installments, and the seller or lender may make and collect a deferral charge. not exceeding the amount of the sales finance charge or loan finance charge attributable to the first of the deferred monthly installment periods multiplied by number of months in the deferral period (the period in which no payment is required or made by reason of a deferral): Provided, That no installment on which a delinquency charge has been collected or partial payment made shall be deferred unless the amount of the delinquency charge or partial payment is first applied to the deferral charge. If prepayment in full occurs during a deferral period, the portion of the deferral charge attributable to the unexpired full months in the deferral period shall be also rebated.

(2) The seller or lender, in addition to the deferral charge, may make appropriate additional charges, and the amount of these charges which is not paid in cash may be added to the amount deferred for the purpose of calculating the deferral charge.

(3) The parties may agree in writing at the time of a precomputed consumer credit sale or consumer loan, refinancing or consolidation that if an installment is not paid within ten days after its due date as originally scheduled or as deferred, the seller or lender may unilaterally grant a deferral and make charges as provided in this section. No deferral charge may be made for a period after the date on which the seller or lender elects to accelerate the maturity of the agreement.

(4) With respect to a real estate secured consumer credit sale or consumer loan, the parties before or after default may agree in writing to a modification or amendment of, or allonge to, the consumer credit sale or consumer loan, and the seller or lender may make and collect a modification charge equal to the greater of $250 or one percent of the outstanding balance of the consumer credit sale or consumer loan at the time of the modification, amendment or allonge: Provided, That no modification charge may be made where prohibited by federal law or regulation.

(4) (5) The commissioner shall prescribe by rule the method or procedure for the calculation of deferral charges consistent with the other provisions of this chapter where the precomputed consumer credit sale or consumer loan is payable in unequal or irregular installments.”

H. B. 2926 - “A Bill to amend and reenact §46A-3-114 of the Code of West Virginia, 1931, as amended, relating to modification charges in connection with a real estate secured consumer credit sale or consumer loan; and providing for a minimum and maximum modification charge that may be collected.”

On the passage of the bill, the yeas and nays were taken (Roll No. 612), and there were--yeas 88, nays 12, absent and not voting none, with the nays being as follows:

Nays: Byrd, Eldridge, Fleischauer, Hicks, Lane, Marcum, Perdue, Pushkin, Reynolds, Rodighiero, Skinner and Sponaugle.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2926) passed.

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

The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of seven from each house on the disagreeing votes of the two houses as to

Com. Sub. for H. B. 2016, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of seven from each house on the disagreeing votes of the two houses.

The Speaker appointed as conferees on the part of the House of Delegates the following:

Delegates E. Nelson, Anderson, Ashley, Canterbury, Boggs, Williams and H. White.

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

At the request of Delegate Fleischauer, and by unanimous consent, the House of Delegates returned to the Seventh Order of Business for the purpose of introduction of a resolution.

Delegates Fleischauer, Arvon, Border, Campbell, Fluharty, Guthrie, Hartman, Kessinger, Longstreth, Marcum, Moore, Pushkin, Rowan, Sobonya and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 155 - “Requesting the Joint Committee on Government and Finance to study the reporting, investigation and prosecution of sexual assault cases in the West Virginia National Guard, and determine the need, if any, to adopt investigative procedures independent of the military justice system.”

Whereas, The West Virginia National Guard serves with great distinction and honor, both on the home front and during conflicts abroad; and

Whereas, More than 200,000 women are on active duty within the military forces of the United States; women comprise eighteen percent of reservists and National Guard troops and nineteen percent of National Guard officers are women; and

Whereas, In 2014, the National Guard reported 19,000 incidents of unwanted sexual contact among its members; and

Whereas, Sixty-eight percent of service members who report incidents of sexual assault experience retaliation, among other consequences; and

Whereas, One in five female service members confirm being sexually assaulted, and fifty percent of those victims did not report the assault, fearing lack of action by commanding officers; and

Whereas, All military personnel deserve protection from sexual assault and other criminal conduct to ensure their continued service; and

Whereas, Reports of sexual assault are often handled by an internal system of justice within the National Guard, resulting in many cases being inappropriately handled, and necessitating further action at the state and national levels; and

Whereas, Although under consideration, Congress has failed to resolve the issue, thus, states have begun to implement legislation; and

Whereas, The West Virginia National Guard has an internal reporting and investigative process for sexual assault cases; and

Whereas, Other states, such as California, have enacted laws to remove the investigation and prosecution of sexual assault cases from the military chain of command to local law enforcement, thus ensuring no conflict of interest; and

Whereas, It is the intent of the Legislature to continue to recognize and honor those who serve, and to also provide them with a respectful and fair means of justice; and

Whereas, It is specifically the intent of the Legislature to ensure that laws and policies are reviewed and revised to guarantee justice to, and ensure that those in the West Virginia National Guard who report crimes do not suffer retaliation; and

Whereas, The Legislature is desirous of ensuring that all members of the West Virginia National Guard are treated in a just and fair manner with the understanding that, in cases of sexual assault, swift, proper and independent investigations will be undertaken to protect victims and that proper punishment will be imposed against the perpetrators of such crimes; therefore, be it

That the Joint Committee on Government and Finance is hereby requested to study the issue of reporting, investigation and prosecution of sexual assault cases in the West Virginia National Guard, and to recognize the value, sacrifice and contributions of its members; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Department of Veterans Affairs and to the West Virginia National Guard; and, be it

The Clerk of the Senate, announced concurrence in an amendment of the House of Delegates, with further amendment, and the passage, as amended, to take effect May 17, 2015, of

On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the Senate amendment to the House amendment, as follows:

On page twenty-five, section nine hundred thirteen, subsection (a), by striking out all of subdivision (15).

On page seventy-one, section seven hundred twelve, subsection (a), subdivision (2), by striking out the words “as determined by a risk and needs assessment”.

On page eighty-seven, section seven hundred twenty-four, subsection (a), by striking out the word “shall” and inserting in lieu thereof the words “is requested to”.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 613), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 393) passed.

On this question, the yeas and nays were taken (Roll No. 614), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

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. 393) takes effect May 17, 2015.

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

The Clerk of the Senate, announced the Senate had concurred in the amendment of the House of Delegates and had passed, as amended, and changed the effective date, to take effect from passage, of

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

On this question, the yeas and nays were taken (Roll No. 615), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

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. 529) takes effect from its passage.

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

Delegate Sobonya, from the Committee of Conference on matters of disagreement between the two houses, as to

H. B. 2664, Creating “Andrea and Willy’s Law”; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs.

Your Committee of Conference on the disagreeing votes of the two houses as to the amendment of the Senate to Engrossed House Bill No. 2664 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 amendments of the Senate striking out everything following the enacting clause and inserting new language, and agree to the same as follows:

That §17C-5-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend and reenact §17C-5A-2 all to read as follows:

§17C-5-2. Driving under influence of alcohol, controlled substances or drugs; penalties.

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(3) Commits the act or failure to act in reckless disregard of the safety of others and when the influence of alcohol, controlled substances or drugs is shown to be a contributing cause to the death; , is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two three years nor more than ten fifteen years and shall be fined not less than $1,000 nor more than $3,000.

(D) Is under the combined influence of alcohol and any controlled substance or any other drug;

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) Whose impaired state proximately causes serious bodily injury to any person other than himself or herself, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than ten years and shall be fined not less than $1,000 nor more than $3,000 dollars.

(3) As used in this subsection, the words “serious bodily injury” mean bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment .

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure Whose impaired state proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than one year, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $200 nor more than $1,000.

(3) As used in this subsection, the words “bodily injury” mean bodily injury that causes substantial pain, illness or any impairment of physical condition.