WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
EXTENDED SESSION, 2003
SIXTY-EIGHTH DAY
____________
Charleston, W. Va., Sunday, March 16, 2003
The Senate met at 1:30 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Brooks F. McCabe, Jr., a
senator from the seventeenth district.
Pending the reading of the Journal of Saturday, March 15,
2003,
On motion of Senator Chafin, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the fourth order of business.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 15th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 522), Authorizing county boards of education to lease school property no longer needed.
(Com. Sub. for H. B. No. 2118), Adjusting the retirement
benefits for all members of the West Virginia state police
retirement system.
(H. B. No. 2224), Relating to higher education reorganization.
(H. B. No. 2878), Allowing certain municipalities providing
advanced life support ambulance services to examine, train and
employ fire medics.
(H. B. No. 2975), Providing a window for persons who were
members of PERS and who left state employment withdrawing their
PERS moneys to buy back their time with interest.
(Com. Sub. for H. B. No. 3046), Facilitating compliance with
and enforcement of provisions of the Tobacco Master Settlement
Agreement.
And,
(H. B. No. 3050), Authorizing the county commission of
Jefferson County to convey parcel of county-owned land to the
Jefferson County fairgrounds.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Without objection, the Senate returned to the third order of
business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 178.
The purpose of Enrolled Committee Substitute for Senate Bill
No. 178 is to clarify the process relating to name change process
in the family court system. Regrettably, I must object to this
bill in its present form because its proposed enacting section does
not reflect the amendments made to section one hundred one, article
twenty-five, chapter forty-eight of the code. A reasonable person
would not be able to discern the amendments to that section without
reading the entire text of the bill. Accordingly, as the enacting
section is inconsistent with the substance of the bill, I find the
bill to be constitutionally defective. For this reason alone, I
must veto this legislation.
Notwithstanding this action, and because the Legislature is
presently in extended session, I urge it to take up the bill again,
amend its enacting section and then return the bill to my desk for
approval.
Very truly yours,
Bob Wise,
Governor.
Senator Chafin moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 178, Relating to subject
matter jurisdiction in family courts.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 178, the same was put and prevailed.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That section one hundred one, article twenty-five, chapter
forty-eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that section
two, article two-a, chapter fifty-one of said code be amended and reenacted, all to read as follows:.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr.
Com. Sub. for S. B. No. 178) passed with its title, as amended, as
a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Tomblin (Mr. President) next laid before the Senate
the following communication from His Excellency, the Governor,
which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Senate Bill No. 352, commonly known as the West Virginia
Jobs Act.
The purpose of Enrolled Senate Bill No. 352 is to extend the
applicability of the Jobs Act for an additional three years, a goal
I strongly support. Regrettably, I must object to this bill in its
present form because its proposed title does not reflect the
amendments made to article one-c, chapter twenty-one of the code.
A reasonable person would not be able to discern the amendments to
that article without reading the entire text of the bill.
Accordingly, I find the title inconsistent with the substance of
the bill so as to render the bill constitutionally defective. For
this reason alone, I must veto this legislation.
Notwithstanding this action, and because the Legislature is
presently in extended session, I urge it to take up the bill again,
amend its title and then return the bill to my desk for approval.
Very truly yours,
Bob Wise,
Governor.
Senator Chafin moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Senate Bill No. 352, Reenacting jobs act.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Senate Bill No. 352, the same
was put and prevailed.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Enr. Senate Bill No. 352--
An Act to amend and reenact sections
two, three, four, five and seven, article one-c, chapter twenty-one
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to the West Virginia jobs act; defining
terms; revising legislative findings; removing six-month residency
requirement; requiring reporting to the joint committee on
government and finance; changing reporting dates; and changing the
effective date.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. S.
B. No. 352) passed with its title, as amended, as a result of the
objections of the Governor.
Senator Chafin moved that the bill take effect March 16, 2003.
On this question, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. S.
B. No. 352) takes effect March 16, 2003.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 15, 2003
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 522.
Enrolled Committee Substitute for Senate Bill No. 522 relates
generally to certain practices of county boards of education. I
object to this bill in its present form at the request of the
Legislature because of certain procedural errors.
Notwithstanding this action, and because the Legislature is
presently in extended session, I urge it to take up the bill again,
correct those errors and then return the bill to my desk for
approval.
Very truly yours,
Bob Wise,
Governor.
Senator Chafin moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Com. Sub. for Senate Bill No. 522, Authorizing county
boards of education to lease school property no longer needed.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 522, the same was put and prevailed.
On motion of Senator Plymale, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page two, after the enacting section, by inserting the
following:
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR
EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School" means the pupils and teacher or teachers
assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia board of education;
(d) "Board" "County board" or "board" means the county board
of education;
(e) "State superintendent" means the state superintendent of
free schools;
(f) "Superintendent" "County superintendent" or
"superintendent" means the county superintendent of schools;
(g) "Teacher" means teacher, supervisor, principal,
superintendent or public school librarian; registered professional nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board of
education, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school in
this state;
(h) "Service personnel" means all nonteaching school employees
not included in the above definition of "teacher";
(i) "Social worker" means a nonteaching school employee who,
at a minimum, possesses an undergraduate degree in social work from
an accredited institution of higher learning and who provides
various professional social work services, activities or methods as
defined by the state board for the benefit of students;
(j) "Regular full-time employee" means any person employed by
a county board of education who has a regular position or job
throughout his or her employment term, without regard to hours or
method of pay;
(k) "Career clusters" means broad groupings of related
occupations;
(l) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is entitled
to attend or who, if not placed in a residential facility, would be
entitled to attend public schools in accordance with: (1) Section
five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article
twenty of this chapter;
(n) "Student with a disability" means an exceptional child,
other than gifted, pursuant to section one, article twenty of this
chapter;
(o) "Low-density county" means a county whose ratio of student
population to square miles is less than or equal to the state
average ratio as computed by the state department of education;
(p) "High-density county" means a county whose ratio of
student population to square miles is greater than the state
average ratio as computed by the state department of education; and
(q) "Casual deficit" means a deficit of not more than three
percent of the approved levy estimate or a deficit that is
nonrecurring from year to year.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-4. Organization; appointment, compensation and duties of
secretary.
At its first regular meeting in every year the state board
shall elect one of its members as president, who shall not succeed
himself as president may serve an unlimited number of terms, but no
more than two consecutive terms, and one as vice president of the
board. The state superintendent shall be the chief executive
officer of the state board and, subject to its direction, shall
execute its policies.
The state board shall appoint a secretary and fix his the
secretary's salary to be paid out of the general school fund upon warrants drawn by the state superintendent. The secretary shall
keep a record of the proceedings of the state board and shall
perform such other duties as it may prescribe.
§18-2-5g. Duty to receive and submit summary of policy
modifications and annual reports.
In addition to filing each policy as required by section
fourteen, article five of this chapter, the state board shall
require each county board to provide a summary of any modifications
to the policies and copies of annual reports developed pursuant to
said section. The state board shall submit copies of these
summaries of modifications to the policies and annual reports,
together with any comments and recommendations, to the legislative
oversight commission on education accountability no later than the
thirty-first day of December of each year.
ARTICLE 2E. HIGH-QUALITY EDUCATIONAL PROGRAMS.
§18-2E-7. Providing for high-quality basic skills development and
remediation in all public schools.
(a) The Legislature finds that teachers must be provided the
support, assistance and teaching tools necessary to meet individual
student instructional needs on a daily basis in a classroom of
students who differ in learning styles, learning rates and in
motivation to learn. The Legislature further finds that attaining
a solid foundation in the basic skills of reading, composition and
arithmetic is essential for advancement in higher education,
occupational and avocational pursuits and that computers are an
effective tool for the teacher in corrective, remedial and enrichment activities. Therefore, the state board shall develop a
plan which specifies the resources to be used to provide services
to students in the earliest grade level and moving upward as
resources become available based on a plan developed by each
individual school team.
This plan must provide for standardization of computer
hardware and software, and for technology upgrade and replacement,
for the purposes of achieving economies of scale, facilitating
teacher training, permitting the comparison of achievement of
students in schools and counties utilizing the hardware and
software, and facilitating the repair of equipment and ensuring
appropriate utilization of the hardware and software purchased for
remediation and basic skills development.
The state board shall determine the computer hardware and
software specifications after input from practicing teachers at the
appropriate grade levels and with the assistance of education
computer experts and the curriculum technology resource center.
Computer hardware and software shall be purchased either
directly or through a lease-purchase arrangement pursuant to the
provisions of article three, chapter five-a of this code in the
amount equal to anticipated revenues being appropriated: Provided,
That, with the approval of the state board, the revenues
appropriated may be expended directly or through contractual
agreements with county boards and regional education service
agencies for materials and other costs associated with
installation, setup, internet hookup and wiring of the computer hardware and software: Provided, however, That nothing in this
section shall be construed to require any specific level of funding
by the Legislature.
The state board shall develop and provide through the state
curriculum technology resource center a program to ensure adequate
teacher training, continuous teacher support and updates.
To the extent practicable, such technology shall be utilized
to enhance student access to learning tools and resources outside
of the normal school day, such as: Before and after school; in the
evenings, on weekends and during vacations; and for student use for
homework, remedial work, independent learning and career planning
and adult basic education.
(b) The Legislature finds that the continued implementation of
computer utilization under this section for high-quality basic
skills development and remediation in the middle schools, junior
high schools and high schools is necessary to meet the goal that
high school graduates will be prepared fully for college, other
post-secondary education or gainful employment. Further, such
implementation should provide a technology infrastructure at the
middle schools, junior high schools and high schools that has
multiple applications in enabling students to achieve at higher
academic levels. The technology infrastructure should facilitate
student development in the following areas:
(1) Attaining basic computer skills such as word processing,
spreadsheets, databases, internet usage, telecommunications and
graphic presentations;
(2) Learning critical thinking and decision-making skills;
(3) Applying academic knowledge in real life situations
through simulated workplace programs;
(4) Understanding the modern workplace environment,
particularly in remote areas of the state, by bringing the
workplace to the school;
(5) Making informed career decisions based upon information on
labor markets and the skills required for success in various
occupations;
(6) Gaining access to labor markets and job placement;
(7) Obtaining information and assistance about college and
other post-secondary education opportunities and financial aid; and
(8) Other uses for acquiring the necessary skills and
information to make a smooth transition from high school to
college, other post-secondary education or gainful employment.
Therefore, the state board shall extend the plan as set forth
in subsection (a) of this section, and consistent with the terms
and conditions in said subsection, to address the findings of this
subsection regarding the continued implementation of computer
hardware and software and technical planning support in the middle
schools, junior high schools and high schools of the state.
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-1. Appointment; qualifications; compensation; traveling
expenses; office and residence; evaluation.
There shall be appointed by the state board a state
superintendent of schools who shall serve at the will and pleasure of the state board. He or she shall be a person of good moral
character, of recognized ability as a school administrator, holding
at least a master's degree in educational administration, and shall
have had not less than five years of experience in public school
work. He or she shall receive an annual salary set by the state
board to be paid monthly: Provided, That the annual salary may not
exceed one hundred forty-six thousand one hundred dollars. The
state superintendent shall also shall receive necessary traveling
expenses incident to the performance of his or her duties the
traveling expenses to be paid out of the general school fund upon
warrants of the state auditor. The state superintendent shall have
his or her office at the state capital capitol. The state board
shall report to the legislative oversight commission on education
accountability upon request concerning its progress during any
hiring process for a state superintendent.
The state board annually shall evaluate the performance of the
state superintendent and publicly announce the results of the
evaluation.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-1. Election and term; interim superintendent.
(a) The county superintendent shall be elected appointed by
the board upon a majority vote of the members thereof to serve for
a term of not less than one, nor more than four years. At the
expiration of the term or terms for which he or she shall have been
elected appointed, each county superintendent shall be eligible for
reelection reappointment for additional terms of not less than one, nor more than four years: Provided, That at the expiration of his
or her term or terms of service, he shall be given the status of
teacher in the system the county superintendent may transfer to any
teaching position in the county for which he or she is qualified
and has seniority, unless dismissed for statutory reasons. Such
election shall be held The appointment of the county superintendent
shall be made on or before the first day of May and the persons so
elected shall take office June for a term beginning on the first
day of July following the appointment.
(b) A county superintendent who fills a vacancy caused by an
incomplete term shall be appointed to serve until the following
first day of July: Provided, however, That the board may appoint
an interim county superintendent to serve for a period not to
exceed one hundred twenty days from the occurrence of the vacancy.
(c) The president of the county board, immediately upon the
election appointment of the county superintendent, or the
appointment of an interim county superintendent, shall certify the
election or appointment to the state superintendent. of schools.
(d) During his or her term of appointment, the county
superintendent shall be a resident of the county, or of a
contiguous county in this state, which he or she serves. The
county superintendent in office on the effective date of this
section shall continue in office until the expiration of his or her
term.
§18-4-2. Qualifications; health certificate; disability; acting
superintendent.
(a) Each county superintendent shall hold a professional
administrative certificate endorsed for superintendent, or a first-
class permit endorsed for superintendent, subject to the following:
_____(1) Provided, That a A superintendent who holds a first-class
permit may be appointed for only one year only and may be
reappointed two times for an additional year each upon an annual
evaluation by the county board and a determination of satisfactory
performance and reasonable progress toward completion of the
requirements for a professional administrative certificate endorsed
for superintendent;
(2) Provided, however, That any Any candidate for
superintendent who possesses an earned doctorate from an accredited
institution of higher education and either has completed three
successful years of teaching in public education and or has the
equivalent of three years of experience in management or
supervision upon employment as defined by state board rule, after
employment by the county board, of education, shall be granted a
permanent administrative certificate and shall be a licensed county
superintendent;
(c) Upon finding that the course work needed by a
superintendent who holds a first class permit endorsed for
superintendent is not available or is not scheduled in a manner at
state institutions of higher education which will enable him or her
to complete the normal requirements for a professional
administrative certificate endorsed for superintendent within the
three-year period allowed for appointment and reappointment under the permit, the state board shall adopt a rule in accordance with
article three-b, chapter twenty-nine-a of this code, to enable
completion of the requirements, or comparable alternative
requirements, for a professional administrative certificate
endorsed for superintendent.
(3) The state board shall promulgate a legislative rule in
accordance with article three-b, chapter twenty-nine-a of this code
to address those cases where a county board finds that coursework
needed by the county superintendent who holds a first-class permit
is not available or is not scheduled at state institutions of
higher education in a manner which will enable the county
superintendent to complete normal requirements for a professional
administrative certificate within the three-year period allowed
under the permit; and
_____(4) Any person employed as assistant superintendent or
educational administrator prior to the twenty-seventh day of June,
one thousand nine hundred eighty-eight, and who was previously
employed as superintendent is not required to hold the professional
administrative certificate endorsed for superintendent.
(b) before entering upon the discharge of his or her duties
the In addition to other requirements set forth in this section, a
county superintendent shall meet the following health-related
conditions of employment:
_____(1) Before entering upon the discharge of his or her duties,
file with the president of the county board a health certificate
from a reputable physician, on a form prescribed by the state department of education, certifying that he or she is physically
fit for the duties of his or her office and that he or she has no
infectious or contagious disease; and if the superintendent, due to
accident or illness, becomes incapacitated to an extent that could
lead to a prolonged absence, the board, upon unanimous vote, may
enter an order declaring the incapacity and it shall appoint an
acting superintendent until such time as a majority of the members
of the board determine that the incapacity no longer exists.
However, an acting superintendent shall not serve as such for more
than one year, or later than the expiration date of the
superintendent's term, whichever is less, without being reappointed
by the board of education licensed physician certifying the
following:
_____(A) A tuberculin skin test, of the type Mantoux test (PPD skin
test), approved by the director of the department of health, has
been made within four months prior to the beginning of the term of
the county superintendent; and
_____(B) The county superintendent does not have tuberculosis in a
communicable state based upon the test results and any further
study;
_____(2) After completion of the initial test, the county
superintendent shall have an approved tuberculin skin test once
every two years or more frequently if medically indicated.
Positive reactors to the skin test are to be referred immediately
to a physician for evaluation and indicated treatment or further
studies;
_____(3) A county superintendent who is certified by a licensed
physician to have tuberculosis in a communicable stage shall have
his or her employment discontinued or suspended until the disease
has been arrested and is no longer communicable; and
_____(4) A county superintendent who fails to complete required
follow-up examinations as set forth in this subsection shall be
suspended from employment until a report of examination is
confirmed.
§18-4-6. Evaluation of county superintendent.
(a) At least annually, the county board shall evaluate the
performance of the county superintendent. The evaluation process
to be used shall be one authorized by the state board. The West
Virginia school board association shall maintain a catalog of
evaluation instruments which comply with this section and shall
make them available to county boards.
(b) At a minimum, the evaluation process shall require the
county superintendent and county board to establish written goals
or objectives for the county superintendent to accomplish within a
given period of time. Additionally, the county board shall
evaluate the county superintendent on his or her success in
improving student achievement generally across the county and
specifically as it relates to the management and administration of
low-performing schools.
(c) The evaluation also may cover the performance of a county
superintendent in the areas of community relations, school finance,
personnel relations, curricular standards and programs, and overall leadership of the school district as indicated primarily by
improvements in student achievement, testing and assessment.
(d) The evaluation of a county superintendent shall occur in
executive session. At the conclusion of the evaluation, the county
board shall make available to the public a general statement about
the evaluation process and the overall result. Additional
information about the evaluation may be released only by mutual
consent of the county superintendent and the county board. The
county board may use the evaluation results to determine:
(1) Whether to extend the contract of the county
superintendent;
(2) Whether to offer the county superintendent a new contract;
and
(3) The level of compensation or benefits to offer the county
superintendent in any new or extended contract.
§18-4-10. Duties of county superintendent.
The county superintendent shall:
(1) Act as the chief executive officer of the county board as
may be delineated in his or her contract or other written agreement
with the county board and, execute under the direction of the state
board, execute all its educational education policies;
(2) Nominate all personnel to be employed; in case the county
board of education refuses to employ any or all of the persons
nominated, the county superintendent shall nominate others and
submit the same to the county board of education at such a time as
the county board may direct. but no such No person or persons shall be employed except on the nomination of the county
superintendent;
(3) Assign, transfer, suspend or promote teachers and all
other school employees of the district, subject only to the
approval of the county board, and to recommend to the county board
their dismissal pursuant to the provisions of this chapter;
(4) Organize and attend district institutes; organize and
direct reading circles and boys' and girls' clubs Report promptly
to the county board in such manner as it directs whenever any
school in the district appears to be failing to meet the standards
for improving education established pursuant to section five,
article two-e of this chapter;
(5) Close temporarily a school temporarily when conditions are
detrimental to the health, safety or welfare of the pupils;
(6) Certify all expenditures and monthly payrolls of teachers
and employees;
(7) Be Serve as the secretary of the county board and attend
all meetings of the county board or its committees, except when his
the tenure, salary or administration of the county superintendent
is under consideration;
(8) Administer oaths and examine under oath witnesses under
oath in any proceedings pertaining to the schools of the district,
and have the testimony reduced to writing;
(9) Keep the county board apprised continuously of any issues
that affect the county board or its schools, programs and
initiatives. The county superintendent shall report to the county board on these issues using any appropriate means agreeable to both
parties. When practicable, the reports shall be fashioned to
include a broad array of data and information that the county board
may consult to aid in making decisions;
_____(9) (10) Exercise all other authority granted by this chapter
or required by the county board or state board; and
(10) (11) Act in In case of emergency, act as the best
interests of the school demand. Provided, That an An emergency, as
contemplated in this section, shall be is limited to an
unforeseeable, catastrophic event, including natural disaster or
act of war, Provided, however, That and nothing in this section
shall may be construed as granting the county superintendent
authority to override any statutory or constitutional provision in
the exercise of said his or her emergency power except where such
authority is specifically granted in the particular code section.
§18-4-11. Other powers and duties.
The county superintendent shall:
(1) Visit the schools as often as practical practicable;
observe and make suggestions concerning the instruction and
classroom management of the schools and their sanitary conditions;
(2) Report to the county board cases of incompetence, neglect
of duty, immorality or misconduct in office of any teacher or
employee;
(3) Recommend for condemnation buildings unfit for school use;
(4) Direct the taking of the school census;
(5) (4) Call, at his or her discretion, conferences of principals and teachers to discuss the work of the schools of the
district;
(6) (5) Report to the county board the progress and general
condition of the schools;
(7) (6) Make such reports as are required by the state
superintendent. In case the county superintendent fails to report
as required, the state superintendent may direct that the
superintendent's salary of the county superintendent be withheld
until an acceptable report is received; and
_____(8) (7) Perform all other duties prescribed in this chapter or
required by the county board or the state board.;
On page five, after section one-a, by inserting the following:
§18-5-1c. Organization of board; evaluation.
(a) On the first Monday of January, following each biennial
primary election, each respective board of education shall organize
and elect for a two-year term, a president from its own membership
and report same promptly to the state superintendent of schools:
Provided, That on the first Monday of January, one thousand nine
hundred eighty-one, each respective board of education shall elect
a president for a term to expire the thirtieth day of June, one
thousand nine hundred eighty-two: Provided, however, That on On the
first Monday of July, following the each biennial primary election,
in the year one thousand nine hundred eighty-two and each biennial
primary election thereafter each respective county board of
education shall organize and shall elect a president from its own
membership for a two-year term. a president from its own membership and The county board shall report same promptly to the state
superintendent of schools promptly to the state superintendent the
name of the member elected as county board president.
_____(b) Annually, each county board shall assess its own
performance using an instrument approved by the state board. In
developing or making determinations on approving evaluation
instruments, the state board may consult with the West Virginia
school board association or other appropriate organizations. The
evaluation instrument selected shall focus on the effectiveness of
the county board in the following areas:
_____(1) Dealing with its various constituency groups and with the
general public;
_____(2) Providing a proper framework and the governance strategies
necessary to monitor and approve student achievement on a continuing
basis; and
_____(3) Enhancing the effective utilization of the policy approach
to governance.
_____At the conclusion of the evaluation, the county board shall
make available to the public a summary of the evaluation, including
areas in which the board concludes improvement is warranted.
§18-5-4. Meetings; employment and assignment of teachers; budget
hearing; compensation of members; affiliation with state and
national associations.
(a) The county board shall meet on the first Monday of July,
and upon the dates provided by law for the laying of levies, and at
any other times the county board fixes upon its records. Subject to adequate public notice, nothing herein shall prohibit the county
board from conducting regular meetings in facilities within the
county other than the county board office. At any meeting as
authorized in this section and in compliance with the provisions of
article four of this chapter, the county board may employ qualified
teachers, or those who will qualify by the time of entering they
enter upon their duties, necessary to fill existing or anticipated
vacancies for the current or next ensuing school year. At a meeting
of the county board, on or before the first Monday of May, the
county superintendent shall furnish in writing to the county board
a list of those teachers to be considered for transfer and
subsequent assignment for the next ensuing school year. All other
teachers not listed are considered as reassigned to the positions
held at the time of this meeting. The list of those recommended for
transfer shall be included in the minute record and the teachers
listed shall be notified in writing. The notice shall be delivered
in writing, by certified mail, return receipt requested, to the
teachers' last known addresses within ten days following the board
meeting, of their having been recommended for transfer and
subsequent assignment.
(b) Special meetings may be called by the president or any
three members, but no business may be transacted other than that
designated in the call.
(c) In addition, a public hearing shall be held concerning the
preliminary operating budget for the next fiscal year not less fewer
than ten days after the budget has been made available to the public for inspection, and within a reasonable time prior to the submission
of the budget to the state board for approval. Reasonable time
shall be granted at the hearing to any person who wishes to speak
regarding any part of the budget. Notice of the hearing shall be
published as a Class I legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code.
(d) A majority of the members of the county board constitutes
the quorum necessary for the transaction of official business.
(e) Board members may receive compensation at a rate not to
exceed one hundred sixty dollars per meeting attended, but they may
not receive pay for more than fifty meetings in any one fiscal year:
Provided, That board Board members who serve on an administrative
council of a multicounty vocational center may also may receive
compensation for attending up to twelve meetings of the council at
the same rate as for meetings of the county board. Meetings of the
council are not counted as board meetings for purposes of
determining the limit on compensable board meetings.
(f) Members shall also shall be paid, upon the presentation of
an itemized sworn statement, for all necessary traveling expenses,
including all authorized meetings, incurred on official business,
at the order of the county board.
(g) When, by a majority vote of its members, a county board
considers it a matter of public interest, the county board may join
the West Virginia school board association and the national school
board association, and may pay the dues prescribed by the
associations and approved by action of the respective county boards. Membership dues and actual traveling expenses of incurred by board
members for attending meetings of the West Virginia school board
association may be paid by their respective county boards out of
funds available to meet actual expenses of the members, but no
allowance may be made except upon sworn itemized statements.;
On page six, after section seven, by adding the following:
§18-5-13. Authority of boards generally.
The boards Each county board, subject to the provisions of this
chapter and the rules of the state board, have has the authority:
(a) To control and manage all of the schools and school
interests for all school activities and upon all school property,
whether owned or leased by the county, including the authority to
require that records be kept of all receipts and disbursements of
all funds collected or received by any principal, teacher, student
or other person in connection with the schools and school interests,
any programs, activities or other endeavors of any nature operated
or carried on by or in the name of the school, or any organization
or body directly connected with the school, to audit the records and
to conserve the funds, which shall be considered quasi-public
moneys, including securing surety bonds by expenditure of board
moneys;
(b) To establish schools, from preschool through high school,
inclusive of vocational schools; and to establish schools, and
programs or both, for post-high school instruction, subject to
approval of the state board of education;
(c) To close any school which is unnecessary and to assign the pupils of the school to other schools: Provided, That the closing
shall be officially acted upon, and teachers and service personnel
involved notified on or before the first Monday in April, in the
same manner as provided in section four of this article, except in
an emergency, subject to the approval of the state superintendent,
or under subdivision (e) of this section;
(d) To consolidate schools;
(e) To close any elementary school whose average daily
attendance falls below twenty pupils for two months in succession
and send the pupils to other schools in the district or to schools
in adjoining districts. If the teachers in the closed school are
not transferred or reassigned to other schools, they shall receive
one month's salary;
(f) (1) To provide at public expense adequate means of
transportation, including transportation across county lines for
students whose transfer from one district to another is agreed to
by both county boards as reflected in the minutes of their
respective meetings, for all children of school age who live more
than two miles distance from school by the nearest available road;
to provide at public expense, and according to such rules as the
board may establish, adequate means of transportation for school
children participating in county board-approved curricular and
extracurricular activities; and to provide in addition thereto at
public expense, by rules and within the available revenues,
transportation for those within two miles distance; and to provide,
in addition thereto, at no cost to the county board and according to rules established by the board, transportation for participants
in projects operated, financed, sponsored or approved by the
commission on aging, all subject to the following:
(A) Provided, That all All costs and expenses incident in any
way to transportation for projects connected with the commission on
aging shall be borne by the commission, or the local or county
chapter of the commission;
(B) Provided, however, That in In all cases, the school buses
owned by the county board of education shall be driven or operated
only by drivers regularly employed by the county board; of
education:
(C) Provided further, That the The county board may provide,
under rules established by the state board, for the certification
of professional employees as drivers of county board-owned vehicles
with a seating capacity of less than ten passengers used for the
transportation of pupils for school-sponsored activities other than
transporting students between school and home. And provided
further, That the The use of the vehicles shall be limited to one
for each school-sponsored activity; and
_____(D) And provided further, That buses Buses shall be used for
extracurricular activities as provided in this section only when the
insurance provided for by this section is in effect.
(2) To enter into agreements with one another as reflected in
the minutes of their respective meetings to provide, on a
cooperative basis, adequate means of transportation across county
lines for children of school age subject to the conditions and restrictions of this subdivision subsection and subdivision
subsection (h) of this section;
(g) (1) To lease school buses operated only by drivers
regularly employed by the county board to public and private
nonprofit organizations or private corporations to transport school-
age children to and from camps or educational activities in
accordance with rules established by the county board. All costs
and expenses incurred by or incidental to the transportation of the
children shall be borne by the lessee;
(2) To contract with any college or university or officially
recognized campus organizations to provide transportation for
college or university students, faculty or staff to and from the
college or university. Provided, That only Only college and
university students, faculty and staff are being may be transported
pursuant to this section. The contract shall include consideration
and compensation for bus operators, repairs and other costs of
service, insurance and any rules concerning student behavior;
(h) To provide at public expense for insurance against the
negligence of the drivers of school buses, trucks or other vehicles
operated by the board; and if the transportation of pupils is
contracted, then the contract for the transportation shall provide
that the contractor shall carry insurance against negligence in an
amount specified by the board;
(i) To provide solely from county board funds for all regular
full-time employees of the county board all or any part of the cost
of a group plan or plans of insurance coverage not provided or available under the West Virginia public employees insurance act;
(j) To employ teacher aides, to provide in-service training for
teacher aides, the training to be in accordance with rules of the
state board and, in the case of service personnel assuming duties
as teacher aides in exceptional children programs, to provide a
four-clock-hour program of training prior to the assignment which
shall, in accordance with rules of the state board, consist of
training in areas specifically related to the education of
exceptional children;
(k) To establish and conduct a self-supporting dormitory for
the accommodation of the pupils attending a high school or
participating in a post-high school program and of persons employed
to teach in the high school or post-high school program;
(l) To At the board's discretion, to employ, contract with or
otherwise engage legal counsel in lieu of utilizing the prosecuting
attorney to advise, attend to, bring, prosecute or defend, as the
case may be, any matters, actions, suits and proceedings in which
the board is interested;
(m) To provide appropriate uniforms for school service
personnel;
(n) To provide at public expense and under rules as established
by any county board of education for the payment of traveling
expenses incurred by any person invited to appear to be interviewed
concerning possible employment by the county board; of education;
(o) To allow or disallow their designated employees to use
publicly provided carriage to travel from their residences to their workplace and return: Provided, That the usage is subject to the
supervision of the county board and is directly connected with and
required by the nature and in the performance of the employee's
duties and responsibilities;
(p) To provide, at public expense, adequate public liability
insurance, including professional liability insurance for county
board employees;
(q) To enter into agreements with one another to provide, on
a cooperative basis, improvements to the instructional needs of each
county district. The cooperative agreements may be used to employ
specialists in a field of academic study or support functions or
services, for the academic study. The agreements are subject to
approval by the state board; of education;
(r) To provide information about vocational or higher education
opportunities to students with handicapping conditions. The county
board shall provide in writing to the students and their parents or
guardians information relating to programs of vocational education
and to programs available at state-funded institutions of higher
education. The information may include sources of available
funding, including grants, mentorships and loans for students who
wish to attend classes at institutions of higher education;
(s) To enter into agreements with one another, with the
approval of the state board, for the transfer and receipt of any and
all funds determined to be fair when students are permitted or
required to attend school in a county district other than the county
district of their residence; and
(t) To enter into job-sharing arrangements, as defined in
section one, article one, chapter eighteen-a of this code, with its
professional employees, subject to the following provisions:
_____(1) Provided, That a A job-sharing arrangement shall meet all
the requirements relating to posting, qualifications and seniority,
as provided for in article four, chapter eighteen-a of this code;
(2) Provided, however, That notwithstanding Notwithstanding any
provisions of this code or legislative rule and specifically the
provisions of article fifteen sixteen, chapter five of this code to
the contrary, a county board which enters into a job-sharing
arrangement wherein in which two or more professional employees
voluntarily share an authorized full-time position shall provide the
mutually agreed upon employee coverage but shall not offer insurance
coverage to more than one of the job-sharing employees, including
any group plan or group plans available under the state public
employees insurance act;
(3) Each job-sharing agreement shall be in writing on a form
prescribed and furnished by the county board. The agreement shall
designate specifically one employee only who is entitled to the
insurance coverage. Any employee who is not so designated is not
eligible for state public employees insurance coverage regardless
of the number of hours he or she works;
_____(4) provided further, That all All employees involved in the
job-sharing agreement meet the requirements of subdivision (4) (3),
section two, article sixteen, chapter five of this code; and
_____(5) When entering into a job-sharing agreement, the county board and the employees involved in the job-sharing agreement shall
consider issues such as retirement benefits, termination of the job-
sharing agreement and any other issue the parties to the agreement
consider appropriate. Any provision in the agreement relating to
retirement benefits shall not cause any cost to be incurred by the
retirement system that is more than the cost that would be incurred
if a single employee were filling the position.
"Quasi-public funds" as used in this section means any money
received by any principal, teacher, student or other person for the
benefit of the school system as a result of curricular or
noncurricular activities.
The board of each county Each county board shall expend under
rules it establishes for each child an amount not to exceed the
proportion of all school funds of the district that each child would
be entitled to receive if all the funds were distributed equally
among all the children of school age in the district upon a per
capita basis.
§18-5-14. Policies to promote school board effectiveness.
(a) Prior to No later than the first day of August, one
thousand nine hundred ninety-four two thousand three, each county
board in this state shall adopt and may modify thereafter as
necessary and file with the state board copies of policies and
summaries of policies that promote school board effectiveness.
These policies may be modified by the county board as necessary, but
shall be refiled with the state board following each modification.
The policies shall address the following objectives:
_____(a) (1) Establish Establishing direct links between the county
board and its local school improvement councils, and between the
county board and its faculty senates, for the purpose of enabling
the county board to receive information, comments and suggestions
directly from the councils and faculty senates regarding the broad
guidelines for oversight procedures, standards of accountability and
planning for future needs as required by this section. and To
further development of these linkages, boards each county board
shall meet:
(A) Meet at least annually with the full membership a quorum
of members from each of their schools' local school improvement
councils council in the district, at a time and in a manner to be
determined by the county board, except, For purposes of this
provision, full membership is defined as at least a quorum of the
members of each of the school improvement councils in order to
facilitate scheduling, the county board may adopt an alternate
procedure allowing it to conduct the required annual meeting with
each council in the absence of a quorum of council members if the
alternate procedure has received prior approval from the state board
and if the school district serves more than twenty thousand students
or has more than twelve public schools.
Nothing herein shall prohibit boards in this section prohibits
a county board from meeting with representatives of a local school
improvement councils: Provided, That council, but at least one
annual meeting is shall be held, as specified herein in this
section.
_____At any time and with reasonable advance notice, county boards
may schedule additional meetings with the council for any low-
performing school in the district;
_____(B) At least thirty days before an annual meeting with each
local school improvement council, develop and submit to the council
an agenda for the annual meeting which requires the council chair
or a member designated by the chair to address items designated by
the county board from the report created pursuant to this section
and one or more of the following issues:
_____(i) School performance;
_____(ii) Curriculum;
_____(iii) Status of the school in meeting the unified school
improvement plan established pursuant to section five, article two-e
of this chapter; and
_____(iv) Status of the school in meeting the county plan
established pursuant to section five, article two-e of this chapter;
_____(C) Make written requests for information from the local school
improvement council throughout the year or hold community forums to
receive input from the affected community as the county board
considers necessary; and
_____(D) Report details to the state board details concerning such
the meeting or meetings held with local school improvement councils,
as specified herein, and such in this section. The information
shall be provided to the state board at the conclusion of the school
year, but no later than the first day of September of each year, and
shall become an indicator in the performance accreditation process for each county. In order to facilitate development of this report,
a county board may consult with and request assistance from members
of the councils.
_____Nothing herein shall prohibit boards from meeting with
representatives of local school improvement councils: Provided, That
at least one annual meeting is held, as specified herein.
(b) (2) Provide Providing for the development of direct links
between the county board and the community at large allow allowing
for community involvement at regular county board meetings and
specify specifying how the county board will regularly communicate
regularly with the public regarding important issues;
(c) (3) Provide Providing for the periodic review of personnel
policies of the district in order to determine their effectiveness;
(d) (4) Set Setting broad guidelines for the school district,
including the establishment of specific oversight procedures,
development and implementation of standards of accountability, and
the development of long-range plans to meet future needs as required
by this section; and
(e) (5) Use Using school-based accreditation and performance
data provided by the state board and other available data in county
board decisionmaking to meet the education goals of the state and
such other goals as the county board may establish.
(b) On or before the first day of August of each year, county
school boards shall review the policies listed in subsection (a) of
this section and may modify these policies as necessary.
§18-5-25. Duties of superintendent as secretary of board.
The county superintendent as secretary of the board shall:
(1) Take the oath prescribed in the constitution before
performing any of the duties of his office;
(2) Attend all board meetings and record its official
proceedings in a book kept for that purpose;
(3) Record the number of each order issued, the name of the
payee, the purpose for which the order was issued and the amount
thereof. Every order shall be signed by the secretary and the
president of the board;
(4) Care for and keep all papers belonging to the board,
including evidences of title, contracts and obligations. They shall
be kept in the secretary's office, accessibly arranged for
reference;
(5) Record and keep on file all papers and documents pertaining
to the business of the board;
(6) Make a tabular report to the board on or before the
twentieth day of July, annually, showing all the statistics and
facts required by the blanks furnished by the state superintendent.
He may collect his material from the annual report of the sheriff,
the teachers' register and such other sources as he thinks
desirable, and he may accompany his report with such explanation and
comment as he deems pertinent;
(7) (6) Keep the accounts and certify the reports required by
law or requested by the board;
(8) (7) Administer oaths to school officers, teachers and
others making reports;
(9) (8) Deliver in proper condition to his successor all
records and property pertaining to his office; and
_____(10) (9) Exercise such other duties as are prescribed by law.
§18-5-45. School calendar.
(a) As used in this section, the following terms have the
following meanings:
(1) Instructional day means a day within the instructional term
which meets the following criteria:
(A) Instruction is offered to students for the amounts of time
provided by state board rule;
(B) A minimum percentage of students, as defined by state board
rule, is present in the county schools;
(C) (B) Instructional time is used for instruction,
cocurricular activities and approved extracurricular activities and,
pursuant to the provisions of subdivision (12), subsection (b),
section five, article five-a of this chapter, faculty senates; and
_____(D) (C) Such other criteria as the state board determines
appropriate.
(2) Bank time means time added beyond the required
instructional day which may be accumulated and used in larger blocks
of time during the school year for instructional or noninstructional
activities, as further defined by the state board.
(3) Extracurricular activities are activities under the
supervision of the school such as athletics, noninstructional
assemblies, social programs, entertainment and other similar
activities, as further defined by the state board.
(4) Cocurricular activities are activities that are closely
related to identifiable academic programs or areas of study that
serve to complement academic curricula as further defined by the
state board.
(b) Findings. --
(1) The primary purpose of the school system is to provide
instruction for students.
(2) The school calendar, as defined in this section, is
designed to define the school term both for employees and for
instruction.
(3) The school calendar traditionally has provided for one
hundred eighty actual days of instruction but numerous circumstances
have combined to cause the actual number of instructional days to
be less than one hundred eighty.
(4) The quality and amount of instruction offered during the
instructional term is affected by the extracurricular and
cocurricular activities allowed to occur during scheduled
instructional time.
(5) Within reasonable guidelines, the school calendar should
be designed at least to guarantee that one hundred eighty actual
days of instruction are possible.
(c) The county board shall provide a school term for its
schools that contains the following:
(1) An employment term for teachers of no less than two hundred
days, exclusive of Saturdays and Sundays; and
(2) Within the employment term, an instructional term for students of no less than one hundred eighty separate instructional
days.
(d) The instructional term for students shall include one
instructional day in each of the months of October, December,
February, April and June which is an instructional support and
enhancement day scheduled by the board to include both instructional
activities for students and professional activities for teachers to
improve student instruction. The instructional activities for
students may include, but are not limited to, both in-school and
outside-of-school activities such as student mentoring, tutoring,
counseling, student research and other projects or activities of an
instructional nature, community service, career exploration, parent
and teacher conferences, visits to the homes of students, college
and financial aid workshops and college visits. The instructional
activities for students shall be determined and scheduled at the
local school level. The first two hours of the instructional day
shall be used for instructional activities for students which
require the direct supervision or involvement by teachers, and such
activities shall be limited to two hours. To ensure that the
students who attend are properly supervised, the instructional
activities for students shall be arranged by appointment with the
individual school through the principal, a teacher or other
professional personnel at the school. The school shall establish
a policy relating to the use of the two-hour block scheduled for
instructional activities for students. The professional activities
for teachers shall include a two-hour block of time immediately following the first two hours of instructional activities for
students during which the faculty senate shall have the opportunity
to meet. Any time not used by the faculty senate and the remainder
of the school day, not including the duty-free lunch period, shall
be used for other professional activities for teachers to improve
student instruction which may include, but are not limited to,
professional staff development, curriculum team meetings,
individualized education plan meetings and other meetings between
teachers, principals, aides and paraprofessionals to improve student
instruction as determined and scheduled at the local school level.
Notwithstanding any other provision of law or policy to the
contrary, the presence of any specific number of students in
attendance at the school for any specific period of time shall not
be required on instructional support and enhancement days and the
transportation of students to the school shall not be required.
Instructional support and enhancement days are also a scheduled work
day for all service personnel and shall be used for training or
other tasks related to their job classification if their normal
duties are not required.
_____(d) (e) The instructional term shall commence no earlier than
the twenty-sixth day of August and terminate no later than the
eighth day of June.
(e) (f) Noninstructional days shall total twenty and shall be
comprised of the following:
(1) Seven holidays as specified in section two, article five,
chapter eighteen-a of this code;
(2) Election day as specified in section two, article five,
chapter eighteen-a of this code;
(3) Six days to be designated by the county board to be used
by the employees outside the school environment; and
(4) Six days to be designated by the county board for any of
the following purposes:
(A) Curriculum development;
(B) Preparation for opening and closing school;
(C) Professional development;
(D) Teacher-pupil-parent conferences;
(E) Professional meetings; and
(F) Making up days when instruction was scheduled but not
conducted.
(f) (g) Three of the days described in subdivision (4),
subsection (e) (f) of this section shall be scheduled prior to the
twenty-sixth day of August for the purposes of preparing for the
opening of school and staff development.
(g) (h) At least one of the days described in subdivision (4),
subsection (e) (f) of this section shall be scheduled after the
eighth day of June for the purpose of preparing for the closing of
school. If one hundred eighty separate instruction days occur prior
to the eighth day of June, this day may be scheduled on or before
the eighth day of June.
(h) (i) At least four of the days described in subdivision (3),
subsection (e) (f) of this section shall be scheduled after the
first day of March.
(i) (j) At least two of the days described in subdivision (4),
subsection (e) (f) of this section, will be scheduled for
professional development. The professional development conducted
on these days will be consistent with the goals established by the
state board pursuant to the provisions of section twenty-three-a,
article two, chapter eighteen of this code.
(j) (k) Subject to the provisions of subsection (g) (h) of this
section, all noninstructional days will be scheduled prior to the
eighth day of June.
(k) (l) The Except as otherwise provided in this subsection,
the state board may not schedule the primary statewide assessment
program prior to the fifteenth day of May of the instructional year,
unless the state board determines that the nature of the test
mandates an earlier testing date. For the school year beginning two
thousand three only, the state board may not schedule the primary
statewide assessment program prior to the fifteenth day of April of
the instructional year.
_____(l) (m) If, on or after the first day of March, the county
board determines that it is not possible to complete one hundred
eighty separate days of instruction, the county board shall schedule
instruction on any available noninstructional day, regardless of the
purpose for which the day originally was scheduled, and the day will
be used for instruction: Provided, That the noninstructional days
scheduled for professional development shall be the last available
noninstructional days to be rescheduled as instructional days:
Provided, however, That on or after the first day of March, the county board also may require additional minutes of instruction in
the school day to make up for lost instructional days in excess of
the days available through rescheduling and, if in its judgment it
is reasonable and necessary to improve student performance, to avoid
scheduling instruction on noninstructional days previously scheduled
for professional development. The provisions of this subsection do
not apply to: (1) Holidays; and (2) election day.
(m) (n) The following applies to bank time:
(1) Bank Except as provided in subsection (m) of this section,
bank time may not be used to avoid one hundred eighty separate days
of instruction;
(2) Bank time may not be used to lengthen the time provided in
law for faculty senates;
(3) The use of bank time for extracurricular activities will
be limited by the state board; and
(4) Such other requirements or restrictions as the state board
may provide in the rule required to be promulgated by this section.
(n) (o) The following applies to cocurricular activities:
(1) The state board shall determine what activities may be
considered cocurricular;
(2) The state board shall determine the amount of instructional
time that may be consumed by cocurricular activities; and
(3) Such other requirements or restrictions as the state board
may provide in the rule required to be promulgated by this section.
(o) (p) The following applies to extracurricular activities:
(1) Except as provided by subdivision (3) of this subsection, extracurricular activities may not be scheduled during instructional
time;
(2) The use of bank time for extracurricular activities will
be limited by the state board; and
(3) The state board shall provide for the attendance by
students of certain activities sanctioned by the secondary schools
activities commission when those activities are related to statewide
tournaments or playoffs or are programs required for secondary
schools activities commission approval.
(p) (q) Noninstructional interruptions to the instructional day
shall be minimized to allow the classroom teacher to teach.
(q) (r) Nothing in this section prohibits establishing year-
round schools in accordance with rules to be established by the
state board.
(r) (s) Prior to implementing the school calendar, the county
board shall secure approval of its proposed calendar from the state
board or, if so designated by the state board, from the state
superintendent.
(s) (t) The county board may contract with all or part of the
personnel for a longer term.
(t) (u) The minimum instructional term may be decreased by
order of the state superintendent in any county declared a federal
disaster area and where the event causing the declaration is
substantially related to a reduction of instructional days.
(u) (v) Where the employment term overlaps a teacher's or
service personnel's participation in a summer institute or institution of higher education for the purpose of advancement or
professional growth, the teacher or service personnel may
substitute, with the approval of the county superintendent, the
participation for up to five of the noninstructional days of the
employment term.
(v) (w) The state board shall promulgate a rule in accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code for the purpose of implementing the provisions of this
section.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-2. Local school improvement councils; election.
(a) A local school improvement council shall be established at
every school consisting of the following:
(1) The principal, who shall serve as an ex officio member of
the council and be entitled to vote;
(2) Three teachers elected by the faculty senate of the school;
(3) Two school service personnel elected by the school service
personnel employed at the school;
(4) Three parent(s), guardian(s) or custodian(s) of students
enrolled at the school elected by the parent(s), guardian(s) or
custodian(s) members of the school's parent teacher organization:
Provided, That if there is no parent teacher organization, the
parent(s), guardian(s) or custodian(s) members shall be elected by
the parent(s), guardian(s) or custodian(s) of students enrolled at
the school in such manner as may be determined by the principal;
(5) Two at-large members appointed by the principal, one of whom resides in the school's attendance area and one of whom
represents business or industry, neither of whom is eligible for
membership under any of the other elected classes of members;
(6) In the case of vocational-technical schools, the vocational
director: Provided, That if there is no vocational director, then
the principal may appoint no more than two additional
representatives, one of whom represents business and one of whom
represents industry;
(7) In the case of a school with students in grade seven or
higher, the student body president or other student in grade seven
or higher elected by the student body in those grades.
(b) Under no circumstances may more than one parent member of
the council be then employed at that school in any capacity.
_____(b) (c) The principal shall arrange for such elections to be
held prior to the fifteenth day of September of each school year to
elect a council and shall give notice of the elections at least one
week prior to the elections being held. To the extent practicable,
all elections to select council members shall be held within the
same week.
(d) Parent(s), guardian(s) or custodian(s), teachers and
service personnel elected to the council shall serve a two-year
term, and elections shall be arranged in such a manner that no more
than two teachers, no more than two parent(s), guardian(s) or
custodian(s), and no more than one service person are elected in a
given year. All other non-ex officio members shall serve one-year
terms.
(e) Council members may only be replaced upon death,
resignation, failure to appear at three consecutive meetings of the
council for which notice was given, or a change in personal
circumstances so that the person is no longer representative of the
class of members from which appointed. In the case of replacement,
an election shall be held to elect a vacancy in an elected
membership, the chair of the council shall appoint another qualified
person to serve the unexpired term of the person being replaced or,
in the case of an appointed member of the council, the principal
shall appoint a replacement as soon as practicable.
(c) (f) As soon as practicable after the election of council
members, and no later than the first day of October of each school
year, the principal shall convene an organizational meeting of the
school improvement council. The principal shall notify each member
in writing at least two employment days in advance of the
organizational meeting. At this meeting, the principal shall provide
each member with the following:
_____(1) A copy of the current applicable section sections of this
code; and
(2) Any state board rule or regulation promulgated pursuant to
the operation of these councils; and
_____(3) Any information as may be developed by the department of
education on the operation and powers of local school improvement
councils and their important role in improving student and school
performance and progress.
(g) The council shall elect from its membership a chair and two members to assist the chair in setting the agenda for each council
meeting. The chair shall serve a term of one year and no person may
serve as chair for more than two consecutive terms. If the chair's
position becomes vacant for any reason, the principal shall call a
meeting of the council to elect another qualified person to serve
the unexpired term. (d) Once elected, the chair is responsible for
notifying each member of the school improvement council in writing
two employment days in advance of any council meeting.
(h) School improvement councils shall meet at least once every
nine weeks or equivalent grading period at the call of the chair or
by three fourths of its members.
(i) The local school improvement council shall meet at least
annually with the county board, in accordance with the provisions
in section fourteen, article five of this chapter. At this annual
meeting, the local school improvement council chair, or another
member designated by the chair, shall be prepared to address any
matters as may be requested by the county board as specified in the
meeting agenda provided to the council and may further provide any
other information, comments or suggestions the local school
improvement council wishes to bring to the county board's attention.
Anything presented under this subsection shall be submitted to the
county board in writing.
_____(e) (j) School improvement councils shall be considered for the
receipt of school of excellence awards under section three of this
article and competitive grant awards under section twenty-nine,
article two of this chapter, and may receive and expend such grants for the purposes provided in such section. In any and all matters
which may fall within the scope of both the school improvement
councils and the school curriculum teams authorized in section five
of this article, the school curriculum teams shall be deemed to have
jurisdiction. In order to promote innovations and improvements in
the environment for teaching and learning at the school, a school
improvement council shall receive cooperation from the school in
implementing policies and programs it may adopt to:
(1) Encourage the involvement of parent(s), guardian(s) or
custodian(s) in their child's educational process and in the school;
(2) Encourage businesses to provide time for their employees
who are parent(s), guardian(s) or custodian(s) to meet with teachers
concerning their child's education;
(3) Encourage advice and suggestions from the business
community;
(4) Encourage school volunteer programs and mentorship
programs; and
(5) Foster utilization of the school facilities and grounds for
public community activities.
(f) (k) On or before the eighth day of June, one thousand nine
hundred ninety-five, each local school improvement council shall
develop and deliver a report to the countywide council on productive
and safe schools. The report shall include guidelines for the
instruction and rehabilitation of pupils who have been excluded from
the classroom, suspended from the school or expelled from the
school, the description and recommendation of in-school suspension programs, a description of possible alternative settings, schedules
for instruction and alternative education programs and an
implementation schedule for such guidelines. The guidelines shall
include the following:
(1) A system to provide for effective communication and
coordination between school and local emergency services agencies;
(2) A preventive discipline program which may include the
responsible students program devised by the West Virginia board of
education as adopted by the county board of education, pursuant to
the provisions of subsection (e), section one, article five, chapter
eighteen-a of this code; and
(3) A student involvement program, which may include the peer
mediation program or programs devised by the West Virginia board of
education as adopted by the county board of education, pursuant to
the provisions of subsection (e), section one, article five, chapter
eighteen-a of this code.
(g) (l) The council may include in its report to the countywide
council on productive and safe schools provisions of the state board
of education policy 4373, student code of conduct, or any expansion
of such policy which increases the safety of students in schools in
this state and is consistent with the policies and other laws of
this state.
(h) (m) Councils may adopt their own guidelines established
under this section. In addition, the councils may adopt all or any
part of the guidelines proposed by other local school improvement
councils, as developed under this section, which are not inconsistent with the laws of this state, the policies of the West
Virginia board of education or the policies of the county board of
education.
(n) The state board of education shall provide assistance to
a local school improvement council upon receipt of a reasonable
request for that assistance. The state board also may solicit
proposals from other parties or entities to provide orientation
training for local school improvement council members and may enter
into contracts or agreements for that purpose. Any training for
members shall meet the guidelines established by the state board.
§18-5A-5. Public school faculty senates established; election of
officers; powers and duties.
(a) There is established at every public school in this state
a faculty senate which is comprised of all permanent, full-time
professional educators employed at the school who shall all be
voting members. Professional educators, as used in this section,
means professional educators as defined in chapter eighteen-a of
this code. A quorum of more than one half of the voting members of
the faculty shall be present at any meeting of the faculty senate
at which official business is conducted. Prior to the beginning of
the instructional term each year, but within the employment term,
the principal shall convene a meeting of the faculty senate to elect
a chair, vice chair and secretary and discuss matters relevant to
the beginning of the school year. The vice chair shall preside at
meetings when the chair is absent. Meetings of the faculty senate
shall be held on a regular basis as determined by a schedule approved by the faculty senate and amended periodically if needed
during the times provided in accordance with subdivision (12),
subsection (b) of this section as determined by the faculty senate.
Emergency meetings may be held during noninstructional time at the
call of the chair or a majority of the voting members by petition
submitted to the chair and vice chair. An agenda of matters to be
considered at a scheduled meeting of the faculty senate shall be
available to the members at least two employment days prior to the
meeting. For emergency meetings the agenda shall be available as
soon as possible prior to the meeting. The chair of the faculty
senate may appoint such committees as may be desirable to study and
submit recommendations to the full faculty senate, but the acts of
the faculty senate shall be voted upon by the full body.
(b) In addition to any other powers and duties conferred by
law, or authorized by policies adopted by the state or county board
of education or bylaws which may be adopted by the faculty senate
not inconsistent with law, the powers and duties listed in this
subsection are specifically reserved for the faculty senate. The
intent of these provisions is neither to restrict nor to require the
activities of every faculty senate to the enumerated items except
as otherwise stated. Each faculty senate shall organize its
activities as it deems most effective and efficient based on school
size, departmental structure and other relevant factors.
(1) Each faculty senate shall control funds allocated to the
school from legislative appropriations pursuant to section nine,
article nine-a of this chapter. From such funds, each classroom teacher and librarian shall be allotted fifty dollars for
expenditure during the instructional year for academic materials,
supplies or equipment which, in the judgment of the teacher or
librarian, will assist him or her in providing instruction in his
or her assigned academic subjects or shall be returned to the
faculty senate: Provided, That nothing contained herein prohibits
the funds from being used for programs and materials that, in the
opinion of the teacher, enhance student behavior, increase academic
achievement, improve self-esteem and address the problems of
students at risk. The remainder of funds shall be expended for
academic materials, supplies or equipment in accordance with a
budget approved by the faculty senate. Notwithstanding any other
provisions of the law to the contrary, funds not expended in one
school year are available for expenditure in the next school year:
Provided, however, That the amount of county funds budgeted in a
fiscal year may not be reduced throughout the year as a result of
the faculty appropriations in the same fiscal year for such
materials, supplies and equipment. Accounts shall be maintained of
the allocations and expenditures of such funds for the purpose of
financial audit. Academic materials, supplies or equipment shall
be interpreted broadly, but does not include materials, supplies or
equipment which will be used in or connected with interscholastic
athletic events.
(2) A faculty senate may establish a process for faculty
members to interview new prospective professional educators and
paraprofessional employees at the school and submit recommendations regarding employment to the principal, who may also make independent
recommendations, for submission to the county superintendent:
Provided, That such process shall be chaired by the school principal
and must permit the timely employment of persons to perform
necessary duties.
(3) A faculty senate may nominate teachers for recognition as
outstanding teachers under state and local teacher recognition
programs and other personnel at the school, including parents, for
recognition under other appropriate recognition programs and may
establish such programs for operation at the school.
(4) A faculty senate may submit recommendations to the
principal regarding the assignment scheduling of secretaries,
clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the
principal regarding establishment of the master curriculum schedule
for the next ensuing school year.
(6) A faculty senate may establish a process for the review and
comment on sabbatical leave requests submitted by employees at the
school pursuant to section eleven, article two of this chapter.
(7) Each faculty senate shall elect three faculty
representatives to the local school improvement council established
pursuant to section two of this article.
(8) Each faculty senate may nominate a member for election to
the county staff development council pursuant to section eight,
article three, chapter eighteen-a of this code.
(9) Each faculty senate shall have an opportunity to make recommendations on the selection of faculty to serve as mentors for
beginning teachers under beginning teacher internship programs at
the school.
(10) A faculty senate may solicit, accept and expend any
grants, gifts, bequests, donations and any other funds made
available to the faculty senate: Provided, That the faculty senate
shall select a member who has the duty of maintaining a record of
all funds received and expended by the faculty senate, which record
shall be kept in the school office and is subject to normal auditing
procedures.
(11) Any faculty senate may review the evaluation procedure as
conducted in their school to ascertain whether the evaluations were
conducted in accordance with the written system required pursuant
to section twelve, article two, chapter eighteen-a of this code and
the general intent of this Legislature regarding meaningful
performance evaluations of school personnel. If a majority of
members of the faculty senate determine that such evaluations were
not so conducted, they shall submit a report in writing to the state
board of education: Provided, That nothing herein creates any new
right of access to or review of any individual's evaluations.
(12) A local board shall provide to each faculty senate either:
(A) A two-hour per month block of instructional time within the
instructional day; or (B) a two-hour block of time for a faculty
senate meeting on a day scheduled for the opening of school prior
to the beginning of the instructional term and a two-hour block of
time on each instructional support and enhancement day scheduled by the board for instructional activities for students and professional
activities for teachers pursuant section forty-five, article five
of this chapter. A faculty senate may meet for an unlimited block
of time per month during noninstructional days to discuss and plan
strategies to improve student instruction and to conduct other
faculty senate business. A faculty senate meeting scheduled on a
noninstructional day shall be considered as part of the purpose for
which the noninstructional day is scheduled. This time may be
utilized and determined at the local school level and includes, but
is not limited to, faculty senate meetings.
(13) Each faculty senate shall develop a strategic plan to
manage the integration of special needs students into the regular
classroom at their respective schools and submit the strategic plan
to the superintendent of the county board of education periodically
pursuant to guidelines developed by the state department of
education. Each faculty senate shall encourage the participation
of local school improvement councils, parents and the community at
large in developing the strategic plan for each school.
Each strategic plan developed by the faculty senate shall
include at least: (A) A mission statement; (B) goals; (C) needs;
(D) objectives and activities to implement plans relating to each
goal; (E) work in progress to implement the strategic plan; (F)
guidelines for placing additional staff into integrated classrooms
to meet the needs of exceptional needs students without diminishing
the services rendered to the other students in integrated
classrooms; (G) guidelines for implementation of collaborative planning and instruction; and (H) training for all regular classroom
teachers who serve students with exceptional needs in integrated
classrooms.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-4. Duties of attendance director and assistant directors;
complaints, warrants and hearings.
(a) The county attendance director and the assistants shall
diligently promote regular school attendance. They shall ascertain
reasons for inexcusable absences from school of pupils of compulsory
school age and students who remain enrolled beyond the sixteenth
birthday as defined under this article and shall take such steps as
are, in their discretion, best calculated to correct attitudes of
parents and pupils which results in absences from school even though
not clearly in violation of law.
(b) In the case of five consecutive or ten total unexcused
absences of a child during a school year, the attendance director
or assistant shall serve written notice to the parent, guardian or
custodian of such child that the attendance of such child at school
is required and that within ten days of receipt of the notice the
parent, guardian or custodian, accompanied by the child, shall
report in person to the school the child attends for a conference
with the principal or other designated representative of the school
in order to discuss and correct the circumstances causing the
inexcusable absences of the child; and if the parent, guardian or
custodian does not comply with the provisions of this article, then
the attendance director or assistant shall make complaint against the parent, guardian or custodian before a magistrate of the county.
If it appears from the complaint that there is probable cause to
believe that an offense has been committed and that the accused has
committed it, a summons or a warrant for the arrest of the accused
shall issue to any officer authorized by law to serve the summons
or to arrest persons charged with offenses against the state. More
than one summons or warrant may be issued on the same complaint.
The summons or warrant shall be executed within ten days of its
issuance.
(c) The magistrate court clerk, or the clerk of the circuit
court performing the duties of the magistrate court as authorized
in section eight, article one, chapter fifty of this code, shall
assign the case to a magistrate within ten days of execution of the
summons or warrant. The hearing shall be held within twenty days
of the assignment to the magistrate, subject to lawful continuance.
The magistrate shall provide to the accused at least ten days'
advance notice of the date, time and place of the hearing.
(d) When any doubt exists as to the age of a child absent from
school, the attendance director shall have authority to require a
properly attested birth certificate or an affidavit from the parent,
guardian or custodian of such child, stating age of the child. The
county attendance director or assistant shall, in the performance
of his or her duties, have authority to take without warrant any
child absent from school in violation of the provisions of this
article and to place such child in the school in which such child
is or should be enrolled.
(e) The county attendance director shall devote such time as
is required by section three of this article to the duties of
attendance director in accordance with this section during the
instructional term and at such other times as the duties of an
attendance director are required. All attendance directors hired
for more than two hundred days may be assigned other duties
determined by the superintendent during the period in excess of two
hundred days. The county attendance director shall be responsible
under direction of the county superintendent for the efficient
administration of school attendance in the county.
(f) In addition to those duties directly relating to the
administration of attendance, the county attendance director and
assistant directors shall also perform the following duties:
(a) (1) Assist in directing the taking of the school census to
see that it is taken at the time and in the manner provided by law;
(b) (2) Confer with principals and teachers on the comparison
of school census and enrollment for the detection of possible
nonenrollees;
(c) (3) Cooperate with existing state and federal agencies
charged with enforcement of child labor laws;
(d) (4) Prepare a report for submission by the county
superintendent to the state superintendent of schools on school
attendance, at such times and in such detail as may be required.
The state board shall promulgate a legislative rule pursuant to
article three-b, chapter twenty-nine-a of this code that sets forth
student absences that shall be excluded for accountability purposes. The absences that shall be excluded by the rule shall include, but
not be limited to, excused student absences, students not in
attendance due to disciplinary measures and absent students for whom
the attendance director has pursued judicial remedies to compel
attendance to the extent of his or her authority. The attendance
director shall also, file with the county superintendent and county
board of education at the close of each month a report showing
activities of the school attendance office and the status of
attendance in the county at the time;
(e) (5) Promote attendance in the county by the compilation of
data for schools and by furnishing suggestions and recommendations
for publication through school bulletins and the press, or in such
manner as the county superintendent may direct;
(f) (6) Participate in school teachers' conferences with
parents and students;
(g) (7) Assist in such other ways as the county superintendent
may direct for improving school attendance;
(h) (8) Make home visits of students who have excessive
unexcused absences, as provided above, or if requested by the chief
administrator, principal or assistant principal; and
_____(i) (9) The attendance director shall serve Serve as the
liaison for homeless children and youth.;
On page one, by striking out the enacting section and inserting
in lieu thereof a new enacting section, to read as follows:
That section one, article one, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section four, article two of said
chapter be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section five-g;
that section seven, article two-e of said chapter be amended and
reenacted; that section one, article three of said chapter be
amended and reenacted; that sections one and two, article four of
said chapter be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section six;
that sections ten and eleven of said article be amended and
reenacted; that sections one-a, one-c, four, seven, thirteen,
fourteen, twenty-five and forty-five, article five of said chapter
be amended and reenacted; that sections two and five, article five-a
of said chapter be amended and reenacted; and that section four,
article eight of said chapter be amended and reenacted, all to read
as follows:;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Enr. Com. Sub. for Senate Bill No. 522--An Act to amend and
reenact section one, article one, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section four, article two of said chapter; to
further amend said article by adding thereto a new section,
designated section five-g; to amend and reenact section seven,
article two-e of said chapter; to amend and reenact section one,
article three of said chapter; to amend and reenact sections one and two, article four of said chapter; to further amend said article by
adding thereto a new section, designated section six; to amend and
reenact sections ten and eleven of said article; to amend and
reenact sections one-a, one-c, four, seven, thirteen, fourteen,
twenty-five and forty-five, article five of said chapter; to amend
and reenact sections two and five, article five-a of said chapter;
and to amend and reenact section four, article eight of said
chapter, all relating to public education generally; definitions;
allowing state board president to serve an unlimited number of
terms, but no more than two consecutive terms; requiring county
boards to provide certain policies, summaries of any modifications
to those policies and copies of annual reports to state board;
requiring state board to submit copies of summaries and annual
reports to the legislative oversight commission on education
accountability; allowing, with state board approval, certain
appropriations to be expended directly or through contractual
agreements with county boards and regional education service
agencies for materials and other costs associated with installation,
setup, internet hookup and wiring of the computer hardware and
software; clarifying that state superintendent serves at the will
and pleasure of the state board; requiring the state board to
annually evaluate the performance of the state superintendent and
publicly announce the results of the evaluation; clarifying
appointment of county superintendents; modifying authorization for
county superintendent to transfer to a teaching position at the end
of his or her term; extending the date before which the county superintendent is required to be appointed; requiring county
superintendent to be a resident of the county, or of a contiguous
county in this state, in which he or she serves; modifying
requirements for permanent administrative certificate and county
superintendent license; requiring state board to define three years
of experience in management or supervision in rule; modifying
health-related conditions of employment for county superintendents;
providing for discontinuing or suspending employment of county
superintendent under certain circumstances; requiring that county
superintendents be evaluated at least annually; providing criteria
for evaluation; providing for evaluation to take place in executive
session; directing county board to release general statement to the
public and provide additional information only by mutual consent of
county board and county superintendent; delineating authorized uses
of evaluation results; allowing contract or written agreement to
delineate a county superintendent's acting as chief executive
officer; removing county superintendent duty to organize and attend
district institutes, and organize and direct reading circles and
boys' and girls' clubs; requiring county superintendent to report
promptly to the county board whenever any school in the district
appears to be failing to meet the standards for improving education;
requiring county superintendent to keep county board apprised of
certain issues in the district; removing requirement for county
superintendent to direct the taking of school census; allowing
county board members to serve on certain boards; allowing request
of ethics commission for an advisory opinion; requiring ethics commission to issue advisory opinion within thirty days; entitling
county board member who relies on opinion to reimbursement for
attorney's fees and court costs incurred in certain proceedings;
prohibiting vote cast from being invalidated due to subsequent
finding that holding particular office or committee is a bar to
membership on the board; providing that good faith reliance on a
written advisory opinion is an absolute defense to certain civil
suits or criminal prosecutions; requiring county board member
training to include school performance issues; allowing feasible and
practicable extension of training time; requiring annual county
board self-assessment; specifying focus of evaluation instrument;
requiring summary of evaluation to be made public; allowing county
boards to meet in facilities within the county other than the county
board office; authorizing lease of school property subject to
certain requirements; clarifying county board authority to employ,
contract with or otherwise engage legal counsel; including service
personnel in job-sharing arrangements; adding requirements for job
sharing; limiting cost to retirement system; requiring filing of
policies and summaries of policies that promote school board
effectiveness; requiring annual meeting with a quorum of members
from each local school improvement council; providing for meeting
with less than a quorum under certain circumstances; allowing county
board to schedule additional meeting for any low-performing school
in the district; requiring county board to develop agenda for
required annual meeting with local school improvement council;
requiring certain items to be addressed; requiring county boards to make written requests for information from local school improvement
councils throughout the year or hold community forums to receive
input from the affected community as the county board considers
necessary; modifying time requirements for reporting to state board
on meetings with local school improvement councils; authorizing
county board to request assistance from local school improvement
council members to facilitate development of report; requiring
county boards to review the policies to promote school board
effectiveness each year; eliminating duty of county superintendent
to make a tabular report to the county board annually; eliminating
requirement that certain percentage of students be in attendance for
a day to be considered instructional; including five instructional
support and enhancement days within the instructional term that
include instructional activities, professional activities and time
for faculty senate meetings; requiring instructional activities for
students to be scheduled by appointment; requiring school policy
relating to use of time designated for instructional activities;
providing that the presence of any certain number of students and
the transportation of students is not required on instructional
support and enhancement days; declaring instructional support and
enhancement days a regular work day for all service personnel;
providing that for one school year only, statewide assessment may
not be prior to the fifteenth day of April; requiring professional
development days to be used last when making up instructional days;
allowing use of additional minutes of instruction each day for
making up lost instructional days under certain circumstances; prohibiting more than one parent member of a local school
improvement council from being employed at the school; requiring
chair to appoint replacement of elected member of local school
improvement council if position becomes vacant; requiring principal
to appoint replacement if appointed position becomes vacant;
requiring principal to provide certain information at the
organizational meeting of the local school improvement council;
requiring local school improvement council chair, or designee, to
be prepared to address certain matters at annual meeting and in
writing; allowing state board to enter into contracts to provide
orientation training for local school improvement council members;
requiring that any training meet guidelines established by the state
board; requiring emergency meetings of faculty senates to be held
during noninstructional time; requiring a two hour block of time be
scheduled for a faculty senate meeting on a day scheduled for the
opening of school prior to the beginning of the instructional term;
requiring that a two hour block of time be scheduled for a faculty
senate meeting on each instructional support and enhancement day;
and requiring state board rule excluding certain absences for
accountability purposes.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. Com.
Sub. for S. B. No. 522) passed with its title, as amended, as a
result of the objections of the Governor.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. Com.
Sub. for S. B. No. 522) takes effect July 1, 2003.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Tomblin (Mr. President) then laid before the Senate the
following communication from His Excellency, the Governor, which was
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 13, 2003
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Senate Bill No. 646.
Enrolled Senate Bill No. 646 relates generally to the
establishment of centers for economic development and technology
advancements at institutions of higher education, a goal that I have
always supported. Nevertheless, I must object to this bill because
its proposed title does not reflect the amendments made to chapter
eighteen-c of the code. A reasonable person would not be able to
discern the amendments to that chapter without reading the entire
text of the bill. Accordingly, I find the title inconsistent with
the substance of the bill so as to render the bill constitutionally
defective. For this reason, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend
the title and return the bill for approval.
Finally, while not a reason for vetoing the bill, I must point
out that the reference in §18C-5-2(a)(1) to Salem-Teikyo as an
approved institution of higher education is no longer correct
because that institution ended its relationship with Teikyo
University Foundation in 2001. The correct designation is now Salem International University.
Very truly yours,
Bob Wise,
Governor.
Senator Chafin moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceed to reconsider
Enr. Senate Bill No. 646, Establishing centers for economic
development and technology advancement at higher education
institutions.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled Senate Bill No. 646, the same
was put and prevailed.
On motion of Senator Plymale, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page nine, section two, line five, by striking out the words
"the college of West Virginia" and inserting in lieu thereof the
words "mountain state university";
On page nine, section two, line six, by striking out the words
"Salem-Teikyo college" and inserting in lieu thereof the words
"Salem international university";
On page nine, section two, lines fifteen and sixteen, by
striking out the words "of this chapter and section four, article one-b of this chapter" and inserting in lieu thereof a comma and the
words "chapter eighteen-b of this code and section four, article
one-b of said chapter";
On page two, by striking out the enacting section and inserting
in lieu thereof a new enacting section, to read as follows:
That chapter eighteen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article twelve-a; and that section
two, article five, chapter eighteen-c of said code be amended and
reenacted, all to read as follows:;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Enr. Senate Bill No. 646--An Act to amend chapter eighteen-b
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new article, designated article
twelve-a; and to amend and reenact section two, article five,
chapter eighteen-c of said code, all relating to higher education;
centers for economic development and technology advancement
generally; findings and purpose; definitions; authorizing doctoral
institutions to enter into agreements with centers; setting forth
requirements for governing bodies; powers and duties of governing
bodies; providing for appointment of president; qualifications;
powers and duties of president; authorizing agreements; terms and
conditions; authorizing audit of center operations; clarifying
issues of conflicts of interest; prohibiting waiver of sovereign immunity; clarifying issues of debt obligations of centers; student
financial aid; and expanding definition of "eligible institution"
for purposes of higher education grant program.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. S.
B. No. 646) passed with its title, as amended, as a result of the
objections of the Governor.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. S. B. No. 646) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Tomblin (Mr. President) then laid before the Senate the
following communication from His Excellency, the Governor, which was
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 2840.
Enrolled House Bill No. 2840 is a special act of the
Legislature relating to the Greater Huntington Park and Recreation
District generally. I must object to this bill because its proposed
title does not reflect the amendments it purports to make to the
Acts of the Legislature. A reasonable person would not be able to
discern the amendments to the Acts without reading the entire text
of the bill. Accordingly, I find the title inconsistent with the
substance of the bill so as to render the bill constitutionally defective. For this reason, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend
the title and other erroneous designations and return the bill for
approval.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Joe Manchin III
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, of a bill
disapproved and returned by the Governor with his objections, and
requested the concurrence of the Senate in the passage, of
Enr. House Bill No. 2840, Increasing the number of members on
the Greater Huntington Park and making other changes in the act.
On motion of Senator Chafin, the message was taken up for
immediate consideration.
Senator Chafin then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. H. B. No. 2840), heretofore
disapproved and returned by His Excellency, the Governor, with his
objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled House Bill No. 2840, the same
was put and prevailed.
On motion of Senator Chafin, the Senate concurred in the following House of Delegates amendment to the bill:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Enr. House Bill No. 2840--An Act to amend and reenact sections
two, three, four and six-a, chapter twenty-six, acts of the
Legislature, regular session, one thousand nine hundred twenty-five
(municipal charters), as last amended by chapter one hundred ninety-
four, acts of the Legislature, regular session, one thousand nine
hundred eighty-three, all relating to the Greater Huntington Park
and Recreation District; and increasing the number of members on the
board.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 2840) passed with its title, as amended, as a result of the
objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Tomblin (Mr. President) next laid before the Senate the
following communication from His Excellency, the Governor, which was
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 2953.
The purpose of Enrolled House Bill No. 2953 is to incorporate
certain amendments to the prepaid college tuition program, which I
support as necessary to preserve the actuarial integrity of that
program. Nevertheless, I must object to this bill because the
description of the bill's contents in its proposed title does not
accurately reflect its contents. Thus, a reasonable person would
not be able to discern the actual amendments to the code without
reading the entire text of the bill. Accordingly, I find the title
inconsistent with the substance of the bill so as to render the bill
constitutionally defective. For this reason, I must veto this
legislation.
Notwithstanding this action, I urge the Legislature to amend
the title and other erroneous designations and return the bill for
approval.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Joe Manchin III
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, of a bill
disapproved and returned by the Governor with his objections, and
requested the concurrence of the Senate in the passage, of
Enr. House Bill No. 2953, Establishing a mechanism to eliminate
any actuarially projected unfunded liability in the Prepaid Tuition
Trust Fund.
On motion of Senator Chafin, the message was taken up for
immediate consideration.
Senator Chafin then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. H. B. No. 2953), heretofore
disapproved and returned by His Excellency, the Governor, with his
objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled House Bill No. 2953, the same
was put and prevailed.
On motion of Senator Chafin, the Senate concurred in the following House of Delegates amendment to the bill:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Enr. House Bill No. 2953--An Act to amend and reenact section
six, article thirty, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to amend and
reenact section thirteen, article eight, chapter thirty-six of said
code, all relating to the administration of the prepaid tuition plan
of the West Virginia college prepaid tuition and savings program;
clarifying how moneys in the prepaid tuition trust fund are
processed when the plan is terminated; closing the prepaid tuition
plan to new contracts until further legislative authorization;
continuing the plan as to current contract owners; providing for
accrual of investment earnings; continuing annual evaluation of
actuarial soundness of the prepaid tuition trust fund; requiring
annual reports by the chairman of the prepaid tuition trust fund;
establishing a mechanism to eliminate any actuarially projected
unfunded liability in the prepaid tuition trust fund over a fixed
period with funds from the unclaimed property trust fund in an
amount not to exceed five hundred thousand dollars annually;
creating the prepaid tuition trust escrow account and establishing
purposes therefor; providing for the investment and use of the money
in the prepaid tuition trust escrow account; providing for the
transfer of funds in the unclaimed property trust fund to the
prepaid tuition trust escrow account and to the general revenue
fund; and providing for the disposition of funds in the prepaid tuition trust escrow account upon closure of the prepaid tuition
trust fund.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
Following a point of inquiry to the President, with resultant
response thereto,
The question being "Shall Enrolled House Bill No. 2953,
disapproved by the Governor and amended by the House of Delegates,
pass?"
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 2953) passed with its title, as amended, as a result of the
objections of the Governor.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 2953) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Tomblin (Mr. President) next laid before the Senate the
following communication from His Excellency, the Governor, which was
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 3207.
Enrolled House Bill No. 3207 is a supplementary appropriations
bill that was intended to provide $2,017,000 from the Division of
Juvenile Services personal services appropriation to the Division
of Corrections for payments to jails, a budgetary transfer that I support. Nevertheless, I must object to this bill because its
proposed title, and substantive contents, contain several erroneous
organizational designations. For the transfer to be effective,
these designations must be corrected. For these reasons, I must
veto this legislation.
Notwithstanding this action, I urge the Legislature to amend
the title and other erroneous designations and return the bill for
approval.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Joe Manchin III
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, of a bill
disapproved and returned by the Governor with his objections, and
requested the concurrence of the Senate in the passage, of
Enr. House Bill No. 3207, Supplemental appropriation to the
department of military affairs and public safety - division of
juvenile services.
On motion of Senator Chafin, the message was taken up for
immediate consideration.
Senator Chafin then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. H. B. No. 3207), heretofore
disapproved and returned by His Excellency, the Governor, with his objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled House Bill No. 3207, the same
was put and prevailed.
On motion of Senator Chafin, the Senate concurred in the
following House of Delegates amendments to the bill:
On page one, by striking out the enacting section and inserting
in lieu thereof a new enacting section, to read as follows:
That the items of the total appropriation from the state fund,
general revenue, to the department of military affairs and public
safety - division of juvenile services, fund 0570, fiscal year 2003,
organization 0621, be amended and reduced in the line item as
follows:
;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Enr. House Bill No. 3207--An Act supplementing, amending,
reducing and increasing items of the existing appropriations from
the state fund, general revenue, to the department of military
affairs and public safety - division of juvenile services, fund
0570, fiscal year 2003, organization, 0621 and the department of
military affairs and public safety - division of corrections -
correctional units, fund 0450, fiscal year 2003, organization 0608,
supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand three.
The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 3207) passed with its title, as amended, as a result of the
objections of the Governor.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 3207) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 3217.
Enrolled House Bill No. 3217 is a supplementary appropriations
bill that was intended to create a new fund for the purpose of
receiving federal moneys in connection with the Help America Vote
Act. I must object to this bill because in its proposed title it
purports to describe a "federal consolidated fund" which is not
otherwise provided for in the substance of the bill. Furthermore,
the bill contains an erroneous fund designation. In order to create
this fund and receive the federal moneys available under the Act,
these designations must be corrected. For these reasons, I must
veto this legislation.
Notwithstanding this action, I urge the Legislature to amend
the title and other erroneous designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Joe Manchin III
A message from The Clerk of the House of Delegates announced
the reconsideration, amendment and passage as amended, of a bill
disapproved and returned by the Governor with his objections, and
requested the concurrence of the Senate in the passage, of
Enr. House Bill No. 3217, Establishing a fund and making a
supplementary appropriation of federal funds out of the treasury
from the balance of federal moneys remaining unappropriated.
On motion of Senator Chafin, the message was taken up for
immediate consideration.
Senator Chafin then moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate reconsider the bill (Enr. H. B. No. 3217), heretofore
disapproved and returned by His Excellency, the Governor, with his
objections.
The question being on the adoption of Senator Chafin's motion
that the Senate reconsider Enrolled House Bill No. 3217, the same
was put and prevailed.
On motion of Senator Chafin, the Senate concurred in the
following House of Delegates amendments to the bill:
On page two, line six, by striking out "8488" and inserting in lieu thereof "8854".
On page two, by striking out all of lines ten through fifteen,
and inserting in lieu thereof the following:
The purpose of this supplementary appropriation bill is to
create a new fund in the budget act for the fiscal year ending the
thirtieth day of June, two thousand three, and to provide for an
appropriation therein of federal funds made available under the
federal Help America Vote Act in an amount of nine million dollars
for expenditure during the fiscal year two thousand three.;
On page one, by striking out the enacting section and inserting
in lieu thereof, a new enacting section, to read as follows:
That chapter thirteen, acts of the Legislature, regular
session, two thousand two, known as the budget bill, be amended and
supplemented by adding to Title II, section six thereof a new fund
with an appropriation in the line item therein as follows:;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Enr. House Bill No. 3217--An Act amending and supplementing
chapter thirteen, acts of the Legislature, regular session, two
thousand two, known as the budget bill, by adding thereto a new fund
with an appropriation of federal funds out of the treasury from the
balance of federal moneys remaining unappropriated for fiscal year
ending the thirtieth day of June, two thousand three, to the new
fund, designated secretary of state, fund 8854, fiscal year 2003,
organization 1600, for fiscal year ending the thirtieth day of June, two thousand three.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the House of Delegates.
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 3217) passed with its title, as amended, as a result of the
objections of the Governor.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. H.
B. No. 3217) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body of the committee of conference report,
passage as amended by the conference report, to take effect from
passage, and requested the concurrence of the Senate in the adoption
thereof, as to
Eng. Com. Sub. for House Bill No. 2050, Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
Whereupon, Senator Helmick, from the committee of conference
on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2050, Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two
houses as to the amendment of the Senate to Engrossed Committee
Substitute for House Bill No. 2050 having met, after full and free
conference, have agreed to recommend and do recommend to their
respective houses, as follows:
That both houses recede from their respective positions as to the
amendment of the Senate, striking out everything after the enacting
clause, and agree to the same as follows:
TITLE I-GENERAL PROVISIONS.
Section 1. General policy.--The purpose of this bill is to
appropriate money necessary for the economical and efficient discharge
of the duties and responsibilities of the state and its agencies
during the fiscal year 2004.
Sec. 2. Definitions.--For the purpose of this bill:
"Governor" shall mean the governor of the state of West Virginia.
"Code" shall mean the code of West Virginia, one thousand nine
hundred thirty-one, as amended.
"Spending unit" shall mean the department, bureau, division,
office, board, commission, agency or institution to which an
appropriation is made.
The "fiscal year 2004" shall mean the period from the first day
of July, two thousand three, through the thirtieth day of June, two
thousand four.
"General revenue fund" shall mean the general operating fund of
the state and includes all moneys received or collected by the state
except as provided in section two, article two, chapter twelve of the code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources which
by legislative enactments are not required to be accounted for as
general revenue, including federal funds.
"From collections" shall mean that part of the total
appropriation which must be collected by the spending unit to be
available for expenditure. If the authorized amount of collections is
not collected, the total appropriation for the spending unit shall be
reduced automatically by the amount of the deficiency in the
collections. If the amount collected exceeds the amount designated
"from collections", the excess shall be set aside in a special surplus
fund and may be expended for the purpose of the spending unit as
provided by article two, chapter five-a of the code.
Sec. 3. Classification of appropriations.--An appropriation for:
"Personal services" shall mean salaries, wages and other
compensation paid to full-time, part-time and temporary employees of
the spending unit but shall not include fees or contractual payments
paid to consultants or to independent contractors engaged by the
spending unit.
Unless otherwise specified, appropriations for "personal
services" shall include salaries of heads of spending units.
"Annual increment" shall mean funds appropriated for "eligible
employees" and shall be disbursed only in accordance with article
five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred to
"personal services" or other designated items only as required.
"Employee benefits" shall mean social security matching, workers'
compensation, unemployment compensation, pension and retirement
contributions, public employees insurance matching, personnel fees or
any other benefit normally paid by the employer as a direct cost of
employment. Should the appropriation be insufficient to cover such
costs, the remainder of such cost shall be transferred by each
spending unit from its "personal services" line item or its
"unclassified" line item or other appropriate line item to its
"employee benefits" line item. If there is no appropriation for
"employee benefits", such costs shall be paid by each spending unit
from its "personal services" line item, its "unclassified" line item
or other appropriate line item. Each spending unit is hereby
authorized and required to make such payments in accordance with the
provisions of article two, chapter five-a of the code.
"BRIM premiums" shall mean the amount charged as consideration
for insurance protection and includes the present value of projected
losses and administrative expenses. Premiums are assessed for
coverages, as defined in the applicable policies, for claims arising
from, inter alia, general liability, wrongful acts, property,
professional liability and automobile exposures.
Should the appropriation for "BRIM premiums" be insufficient to
cover such cost, the remainder of such costs shall be transferred by
each spending unit from its "personal services" line item, its
"employee benefit" line item, its "unclassified" line item or any
other appropriate line item to "BRIM premiums" for payment to the
Board of Risk and Insurance Management. Each spending unit is hereby authorized and required to make such payments.
Each spending unit shall be responsible for all contributions,
payments or other costs related to coverage and claims of its
employees for unemployment compensation. Such expenditures shall be
considered an employee benefit.
"Current expenses" shall mean operating costs other than personal
services and shall not include equipment, repairs and alterations,
buildings or lands.
Each spending unit shall be responsible for and charged monthly
for all postage meter service and shall reimburse the appropriate
revolving fund monthly for all such amounts. Such expenditures shall
be considered a current expense.
"Equipment" shall mean equipment items which have an appreciable
and calculable period of usefulness in excess of one year.
"Repairs and alterations" shall mean routine maintenance and
repairs to structures and minor improvements to property which do not
increase the capital assets.
"Buildings" shall include new construction and major alteration
of existing structures and the improvement of lands and shall include
shelter, support, storage, protection or the improvement of a natural
condition.
"Lands" shall mean the purchase of real property or interest in
real property.
"Capital outlay" shall mean and include buildings, lands or
buildings and lands, with such category or item of appropriation to
remain in effect as provided by section twelve, article three, chapter twelve of the code.
From appropriations made to the spending units of state
government, upon approval of the governor there may be transferred to
a special account an amount sufficient to match federal funds under
any federal act.
Appropriations classified in any of the above categories shall be
expended only for the purposes as defined above and only for the
spending units herein designated: Provided, That the secretary of
each department and the commissioner of the bureau of commerce shall
have the authority to transfer within the department or bureau those
general revenue funds appropriated to the various agencies of the
department or bureau: Provided, however, That no more than five
percent of the general revenue funds appropriated to any one agency or
board may be transferred to other agencies or boards within the
department or bureau: Provided further, That the secretary of each
department and the director, commissioner, executive secretary,
superintendent, chairman or any other agency head not governed by a
departmental secretary as established by chapter five-f of the code
shall have the authority to transfer funds appropriated to "personal
services" and "employee benefits" to other lines within the same
account and no funds from other lines shall be transferred to the
"personal services" line: And provided further, That the secretary of
each department and the director, commissioner, executive secretary,
superintendent, chairman or any other agency head not governed by a
departmental secretary as established by chapter five-f of the code
shall have the authority to transfer general revenue funds appropriated to "annual increment" to other general revenue accounts
within the same department, bureau or commission for the purpose of
providing an annual increment in accordance with article five, chapter
five of the code: And provided further, That if the Legislature by
subsequent enactment consolidates agencies, boards or functions, the
secretary may transfer the funds formerly appropriated to such agency,
board or function in order to implement such consolidation. No funds
may be transferred from a special revenue account, dedicated account,
capital expenditure account or any other account or fund specifically
exempted by the Legislature from transfer, except that the use of the
appropriations from the state road fund for the office of the
secretary of the department of transportation is not a use other than
the purpose for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where
the distribution of expenditures for different purposes cannot well be
determined in advance or it is necessary or desirable to permit the
spending unit the freedom to spend an appropriation for more than one
of the above classifications.
Sec. 4. Method of expenditure.--Money appropriated by this bill,
unless otherwise specifically directed, shall be appropriated and
expended according to the provisions of article three, chapter twelve
of the code or according to any law detailing a procedure specifically
limiting that article.
Sec. 5. Maximum expenditures.--No authority or requirement of
law shall be interpreted as requiring or permitting an expenditure in
excess of the appropriations set out in this bill.
TITLE II--APPROPRIATIONS.
ORDER OF SECTIONS
SECTION 1. Appropriations from general revenue.
SECTION 2. Appropriations from state road fund.
SECTION 3. Appropriations from other funds.
SECTION 4. Appropriations from lottery net profits.
SECTION 5. Appropriations from state excess lottery revenue.
SECTION 6. Appropriations of federal funds.
SECTION 7. Appropriations from federal block grants.
SECTION 8. Claims against the state.
SECTION 9. Appropriations from surplus accrued.
SECTION 10. Special revenue appropriations.
SECTION 11. State improvement fund appropriations.
SECTION 12. Specific funds and collection accounts.
SECTION 13. Appropriations for refunding erroneous payment.
SECTION 14. Sinking fund deficiencies.
SECTION 15. Appropriations for local governments.
SECTION 16. Total appropriations.
SECTION 17. General school fund.
Section 1. Appropriations from general revenue.--From the state
fund, general revenue, there are hereby appropriated conditionally
upon the fulfillment of the provisions set forth in article two,
chapter five-a of the code the following amounts, as itemized, for
expenditure during the fiscal year 2004.
LEGISLATIVE
1--Senate
Fund 0165 FY 2004 Org 2100
_________________________________________________________General
Revenue
Activity Fund
Compensation of Members (R) 003 $ 1,010,000
Compensation and Per Diem of
Officers and Employees (R) 005 3,003,210
Employee Benefits (R) 010 597,712
Current Expenses and
Contingent Fund (R) 021 700,000
Repairs and Alterations (R) 064 450,000
Computer Supplies (R) 101 40,000
Computer Systems (R) 102 250,000
Printing Blue Book (R) 103 150,000
Expenses of Members (R) 399 700,000
BRIM Premium (R) 913 __________18,877
Total $ 6,919,799
The appropriations for the senate for the fiscal year 2003 are to
remain in full force and effect and are hereby reappropriated to June
30, 2004. Any balances so reappropriated may be transferred and
credited to the fiscal year 2004 accounts.
Upon the written request of the clerk of the senate, the auditor
shall transfer amounts between items of the total appropriation in
order to protect or increase the efficiency of the service.
The clerk of the senate, with the approval of the president, is
authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the senate, for any
bills for supplies and services that may have been incurred by the
senate and not included in the appropriation bill, for supplies and
services incurred in preparation for the opening, the conduct of the
business and after adjournment of any regular or extraordinary
session, and for the necessary operation of the senate offices, the
requisitions for which are to be accompanied by bills to be filed with
the auditor.
The clerk of the senate, with the written approval of the
president, or the president of the senate shall have authority to
employ such staff personnel during any session of the Legislature as
shall be needed in addition to staff personnel authorized by the
senate resolution adopted during any such session. The clerk of the
senate, with the written approval of the president, or the president
of the senate shall have authority to employ such staff personnel
between sessions of the Legislature as shall be needed, the
compensation of all staff personnel during and between sessions of the
Legislature, notwithstanding any such senate resolution, to be fixed
by the president of the senate. The clerk is hereby authorized to
draw his or her requisitions upon the auditor for the payment of all
such staff personnel for such services, payable out of the
appropriation for Compensation and Per Diem of Officers and Employees
or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the clerk of the
senate shall be paid a monthly salary as provided by the senate
resolution, unless increased between sessions under the authority of the president, payable out of the appropriation for Compensation and
Per Diem of Officers and Employees or Current Expenses and Contingent
Fund of the senate.
The distribution of the blue book shall be by the office of the
clerk of the senate and shall include seventy-five copies for each
member of the Legislature and two copies for each classified and
approved high school and junior high school and one copy for each
elementary school within the state.
2--House of Delegates
Fund 0170 FY 2004 Org 2200
Compensation of Members (R) 003 $ 2,200,000
Compensation and Per Diem of
Officers and Employees (R) 005 600,000
Current Expenses and Contingent
Fund (R) 021 4,221,162
Expenses of Members (R) 399 1,120,000
BRIM Premium (R) 913 __________20,515
Total $ 8,161,677
The appropriations for the house of delegates for the fiscal year
2003 are to remain in full force and effect and are hereby
reappropriated to June 30, 2004. Any balances so reappropriated may
be transferred and credited to the fiscal year 2004 accounts.
Upon the written request of the clerk of the house of delegates,
the auditor shall transfer amounts between items of the total
appropriation in order to protect or increase the efficiency of the
service.
The clerk of the house of delegates, with the approval of the
speaker, is authorized to draw his or her requisitions upon the
auditor, payable out of the Current Expenses and Contingent Fund of
the house of delegates, for any bills for supplies and services that
may have been incurred by the house of delegates and not included in
the appropriation bill, for bills for services and supplies incurred
in preparation for the opening of the session and after adjournment,
and for the necessary operation of the house of delegates' offices,
the requisitions for which are to be accompanied by bills to be filed
with the auditor.
The speaker of the house of delegates, upon approval of the house
committee on rules, shall have authority to employ such staff
personnel during and between sessions of the Legislature as shall be
needed, in addition to personnel designated in the house resolution,
and the compensation of all personnel shall be as fixed in such house
resolution for the session, or fixed by the speaker, with the approval
of the house committee on rules, during and between sessions of the
Legislature, notwithstanding such house resolution. The clerk of the
house is hereby authorized to draw requisitions upon the auditor for
such services, payable out of the appropriation for the Compensation
and Per Diem of Officers and Employees or Current Expenses and
Contingent Fund of the house of delegates.
For duties imposed by law and by the house of delegates,
including salary allowed by law as keeper of the rolls, the clerk of
the house of delegates shall be paid a monthly salary as provided in
the house resolution, unless increased between sessions under the authority of the speaker, with the approval of the house committee on
rules, and payable out of the appropriation for Compensation and Per
Diem of Officers and Employees or Current Expenses and Contingent Fund
of the house of delegates.
3--Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2004 Org 2300
Joint Committee on Government
and Finance (R) 104 $ 6,317,298
Legislative Printing (R) 105 940,000
Legislative Rule-Making Review
Committee (R) 106 226,050
Legislative Computer System (R) 107 1,138,121
Joint Standing Committee
on Education (R) 108 74,500
Tax Reduction and Federal Funding
Increased Compliance
(TRAFFIC) (R) 642 3,000,000
BRIM Premium (R) 913 __________14,220
Total $ 11,710,189
The appropriations for the joint expenses for the fiscal year
2003 are to remain in full force and effect and are hereby
reappropriated to June 30, 2004. Any balances so reappropriated may
be transferred and credited to the fiscal year 2004 accounts.
Upon the written request of the clerk of the senate, with the
approval of the president of the senate, and the clerk of the house of delegates, with the approval of the speaker of the house of delegates,
and a copy to the legislative auditor, the auditor shall transfer
amounts between items of the total appropriation in order to protect
or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding
Increased Compliance (TRAFFIC) (fund 0175, activity 642) is intended
for possible general state tax reductions or the offsetting of any
reductions in federal funding for state programs. It is not intended
as a general appropriation for expenditure by the Legislature.
JUDICIAL
4--Supreme Court--
General Judicial
Fund 0180 FY 2004 Org 2400
Personal Services (R) 001 $ 45,723,244
Annual Increment (R) 004 630,000
Employee Benefits 010 14,325,916
Unclassified 099 7,422,951
Judges' Retirement System (R) 110 5,329,500
Other Court Costs (R) 111 -0-
Judicial Training Program (R) 112 469,006
Mental Hygiene Fund (R) 113 -0-
Guardian Ad Litem (R) 265 -0-
Guardianship Attorney Fees (R) 588 175,000
BRIM Premium (R) 913 __________50,386
Total $ 74,126,003
The appropriations to the supreme court of appeals for the fiscal years 2000, 2001, 2002 and 2003 are to remain in full force and effect
and are hereby reappropriated to June 30, 2004. Any balances so
reappropriated may be transferred and credited to the fiscal year 2004
accounts.
This appropriation shall be administered by the administrative
director of the supreme court of appeals, who shall draw requisitions
for warrants in payment in the form of payrolls, making deductions
therefrom as required by law for taxes and other items.
The appropriation for the Judges' Retirement System is to be
transferred to the consolidated public retirement board, in accordance
with the law relating thereto, upon requisition of the administrative
director of the supreme court of appeals.
EXECUTIVE
5-Governor's Office
(WV Code Chapter 5)
Fund 0101 FY 2004 Org 0100
Personal Services 001 $ 2,371,414
Salary of Governor 002 90,000
Annual Increment 004 19,500
Employee Benefits 010 725,000
Unclassified 099 1,122,591
National Governors' Association 123 77,500
Southern Governors' Association 314 5,740
BRIM Premium 913 __________195,286
Total $ 4,607,031
Any unexpended balances remaining in the appropriations for Publication of Papers and Transition Expenses (fund 0101, activity
465) and Publication of Papers and Transition Expenses--Surplus (fund
0101, activity 359) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004.
6-Governor's Office-
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2004 Org 0100
Unclassified-Total 096 $ 466,389
To be used for current general expenses, including compensation
of employees, household maintenance, cost of official functions and
additional household expenses occasioned by such official functions.
7-Governor's Office-
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 0104 FY 2004 Org 0100
Unclassified 099 $ 308,638
Family Resource Networks (R) 274 1,325,203
Starting Points Centers and
Parent Education Services (R) 316 __________1,048,826
Total $ 2,682,667
Any unexpended balances remaining in the appropriations for
Family Resource Networks (fund 0104, activity 274), Starting Points
Centers and Parent Education Services (fund 0104, activity 316) and
Educare (fund 0104, activity 895) at the close of the fiscal year 2003
are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0104, fiscal year 2003, activity 274
($50,794) and fund 0104, fiscal year 2003, activity 316 ($50,794)
which shall expire on June 30, 2003.
8-Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund 0105 FY 2004 Org 0100
Civil Contingent Fund (R) 614 $ 3,000,000
Business and Economic Development
Stimulus (R) 586 __________1,500,000
Total $ 4,500,000
Any unexpended balances remaining in the appropriations for Civil
Contingent Fund-Total (fund 0105, activity 114), Civil Contingent
Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund
(fund 0105, activity 614) and Business and Economic Development
Stimulus (fund 0105, activity 586) at the close of the fiscal year
2003 are hereby reappropriated for expenditure during the fiscal year
2004.
From this appropriation there may be expended, at the discretion
of the governor, an amount not to exceed one thousand dollars as West
Virginia's contribution to the interstate oil compact commission.
The above appropriation is intended to provide contingency
funding for accidental, unanticipated, emergency or unplanned events
which may occur during the fiscal year and is not to be expended for
the normal day-to-day operations of the governor's office.
9-Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2004 Org 1200
Personal Services 001 $ 2,087,640
Salary of Auditor 002 70,000
Annual Increment 004 54,705
Employee Benefits 010 657,507
Unclassified 099 711,436
Office Automation (R) 117 328,310
BRIM Premium 913 __________2,064
____________Total $ 3,911,662
Any unexpended balance remaining in the appropriation for Office
Automation (fund 0116, activity 117) at the close of the fiscal year
2003 is hereby reappropriated for expenditure during the fiscal year
2004, with the exception of fund 0116, fiscal year 2003, activity 099
($126,580) which shall expire on June 30, 2003.
10-Treasurer's Office
(WV Code Chapter 12)
Fund 0126 FY 2004 Org 1300
Personal Services 001 $ 1,767,893
Salary of Treasurer 002 70,000
Annual Increment 004 20,450
Employee Benefits 010 548,246
Unclassified (R) 099 1,266,522
Abandoned Property Program 118 282,558
Tuition Trust Fund (R) 692 148,289
School Building Sinking Fund
Debt Service (R) 770 2,124,000
BRIM Premium 913 __________19,434
Total $ 6,247,392
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0126, activity 099), Tuition Trust Fund (fund 0126,
activity 692) and School Building Sinking Fund Debt Service (fund
0126, activity 770) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004.
11-Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2004 Org 1400
Personal Services 001 $ 3,596,423
Salary of Commissioner 002 70,000
Annual Increment 004 77,138
Employee Benefits 010 1,295,578
State Farm Museum 055 110,000
Unclassified 099 788,483
Gypsy Moth Program (R). 119 943,067
Huntington Farmers Market 128 50,000
Black Fly Control (R) 137 428,456
Tri-County Fair Association 343 -0-
Donated Foods Program 363 50,000
Predator Control 470 140,000
Bee Research 691 32,421
Microbiology Program (R) 785 152,680
Moorefield Agriculture Center (R) 786 994,135
WV Food Banks 969 50,000
Seniors' Farmers' Market Nutrition
Coupon Program 970 60,000
BRIM Premium 913 __________77,862
____________Total $ 8,916,243
Any unexpended balances remaining in the appropriations for Gypsy
Moth Program (fund 0131, activity 119), Black Fly Control (fund 0131,
activity 137), Mingo County Surface Mine Project (fund 0131, activity
296), Charleston Farmers Market (fund 0131, activity 476), Capital
Improvements-Total-Surplus (fund 0131, activity 672), Microbiology
Program (fund 0131, activity 785) and Moorefield Agriculture Center
(fund 0131, activity 786) at the close of the fiscal year 2003 are
hereby reappropriated for expenditure during the fiscal year 2004,
with the exception of fund 0131, fiscal year 2003, activity 099
($79,333), fund 0131, fiscal year 2003, activity 119 ($12,930), fund
0131, fiscal year 2003, activity 137 ($65,000), fund 0131, fiscal year
2003, activity 296 ($62,000) and fund 0131, fiscal year 2003, activity
785 ($2,308) which shall expire on June 30, 2003.
A portion of the Unclassified appropriation may be transferred to
a special revenue fund for the purpose of matching federal funds for
marketing and development activities.
12-Department of Agriculture-
State Soil Conservation Committee
(WV Code Chapter 19)
Fund 0132 FY 2004 Org 1400
Personal Services 001 $ 464,113
Annual Increment 004 7,900
Employee Benefits 010 173,425
Unclassified 099 331,252
Soil Conservation Projects (R) 120 2,688,089
BRIM Premium 913 3,444
Maintenance of Flood
Control Projects (R) 522 __________1,778,787
Total $ 5,447,010
Any unexpended balances remaining in the appropriations for Soil
Conservation Projects (fund 0132, activity 120), Conservation Reserve
Enhancement Program (fund 0132, activity 141), Soil Conservation
Projects-Surplus (fund 0132, activity 269) and Maintenance of Flood
Control Projects (fund 0132, activity 522) at the close of the fiscal
year 2003 are hereby reappropriated for expenditure during the fiscal
year 2004, with the exception of fund 0132, fiscal year 2003, activity
120 ($208,335) which shall expire on June 30, 2003.
13-Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 0135 FY 2004 Org 1400
Personal Services 001 $ 388,195
Annual Increment 004 8,241
Employee Benefits 010 146,140
Unclassified 099 __________73,171
Total $ 615,747
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.
14-Department of Agriculture-
Agricultural Awards
(WV Code Chapter 19)
Fund 0136 FY 2004 Org 1400
Fairs and Festivals 122 $ -0-
Commissioner's Awards and Programs 737 -0-
Commissioner's Awards and Programs--
Total 971 __________43,650
Total $ 43,650
15-Attorney General
(WV Code Chapters 5, 14, 46A and 47)
Fund 0150 FY 2004 Org 1500
Personal Services (R) 001 $ 2,331,889
Salary of Attorney General 002 75,000
Annual Increment (R) 004 41,159
Employee Benefits (R) 010 761,235
Unclassified 099 203,715
Better Government Bureau 740 294,600
BRIM Premium 913 __________82,794
Total $ 3,790,392
Any unexpended balances remaining in the above appropriations for
Personal Services (fund 0150, activity 001), Annual Increment (fund
0150, activity 004) and Employee Benefits (fund 0150, activity 010) at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004, with the exception of fund
0150, fiscal year 2003, activity 001 ($83,443), fund 0150, fiscal year
2003, activity 010 ($23,332), fund 0150, fiscal year 2003, activity
099 ($19,314), fund 0150, fiscal year 2003, activity 740 ($11,560) and
fund 0150, fiscal year 2003, activity 913 ($2,815) which shall expire
on June 30, 2003.
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 unit's specifically appropriated account
or from accounts appropriated by general language contained within
this bill: Provided, That the spending unit shall reimburse at a rate
and upon terms agreed to by the state spending unit and the attorney
general: Provided, however, That if the spending unit and the
attorney general are unable to agree on the amount and terms of the
reimbursement, the spending unit and the attorney general shall submit
their proposed reimbursement rates and terms to the joint committee on
government and finance for final determination.
16-Secretary of State
(WV Code Chapters 3, 5 and 59)
Fund 0155 FY 2004 Org 1600
Personal Services 001 $ 607,425
Salary of Secretary of State 002 65,000
Annual Increment 004 9,800
Employee Benefits 010 191,601
Unclassified (R) 099 268,041
BRIM Premium 913 __________24,031
Total $ 1,165,898
Any unexpended balances remaining in the appropriations for
Unclassified--Surplus (fund 0155, activity 097), Unclassified (fund
0155, activity 099), Technology Improvements (fund 0155, activity 599)
and Administrative Law Division Improvements (fund 0155, activity 880)
at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
17-State Election Commission
(WV Code Chapter 3)
Fund 0160 FY 2004 Org 1601
Unclassified-Total 096 $ 11,291
DEPARTMENT OF ADMINISTRATION
18-Department of Administration-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2004 Org 0201
Unclassified 099 $ 301,877
Pay Equity Reserve 364 250,000
Reorganization Initiative 638 -0-
Lease Rental Payments 516 11,480,409
BRIM Premium 913 __________7,186
Total $ 12,039,472
The appropriation for Lease Rental Payments shall be disbursed as
provided by section six-b, article fifteen, chapter thirty-one of the
code.
19-Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2004 Org 0205
The division of highways, division of motor vehicles, bureau of
employment programs, public service commission and other departments,
bureaus or divisions operating from special revenue funds and/or
federal funds shall pay their proportionate share of the retirement
costs for their respective divisions. When specific appropriations
are not made, such payments may be made from the balances in the
various special revenue funds in excess of specific appropriations.
20-Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2004 Org 0209
Personal Services 001 $ 539,306
Annual Increment 004 11,090
Employee Benefits 010 134,711
Unclassified 099 362,928
GAAP Project (R) 125 743,511
BRIM Premium 913 __________58,889
Total $ 1,850,435
Any unexpended balance remaining in the appropriation for GAAP
Project (fund 0203, activity 125) at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004,
with the exception of fund 0203, fiscal year 2003, activity 125
($69,897) which shall expire on June 30, 2003.
21--Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2004 Org 0211
Personal Services 001 $ 576,602
Annual Increment 004 20,300
Employee Benefits 010 235,026
Unclassified 099 600,000
Fire Service Fee 126 __________14,000
Total $ 1,445,928
Any unexpended balances remaining in the appropriations for
Capitol Complex--Capital Outlay (fund 0230, activity 417), Capitol
Building Preservation (fund 0230, activity 503), Capitol Building
Preservation--Surplus (fund 0230, activity 675), Capital Improvements-
-Capitol Complex--Surplus (fund 0230, activity 676) and Capitol
Building Roof--Total--Surplus (fund 0230, activity 820) at the close
of the fiscal year 2003 are hereby reappropriated for expenditure
during the fiscal year 2004.
22--Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2004 Org 0213
Personal Services 001 $ 620,344
Annual Increment 004 9,273
Employee Benefits 010 176,242
Unclassified 099 111,766
BRIM Premium 913 __________2,633
Total $ 920,258
The division of highways shall reimburse the Unclassified appropriation (fund 2031, activity 099) within the division of
purchasing for all actual expenses incurred pursuant to the provisions
of section thirteen, article two-a, chapter seventeen of the code.
23--Commission on Uniform State Laws
(WV Code Chapter 29)
Fund 0214 FY 2004 Org 0217
Unclassified--Total 096 $ 26,408
To pay expenses for members of the commission on uniform state
laws.
24--Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund 0217 FY 2004 Org 0218
Retro Payments--Total 652 $ 2,000,000
These funds may be transferred to a special account for the
payment of premiums, self-insurance losses, loss adjustment expenses
and loss prevention engineering fees and may be transferred to a
special account for disbursement for payment of premiums and insurance
losses.
25--Education and State Employees' Grievance Board
(WV Code Chapter 18)
Fund 0220 FY 2004 Org 0219
Personal Services 001 $ 574,084
Annual Increment 004 8,200
Employee Benefits 010 166,359
Unclassified 099 137,334
BRIM Premium 913 __________2,116
Total $ 888,093
26--Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2004 Org 0220
Personal Services 001 $ 212,246
Annual Increment 004 1,765
Employee Benefits 010 60,912
Unclassified 099 42,391
BRIM Premium 913 __________2,425
Total $ 319,739
27--Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2004 Org 0221
Personal Services 001 $ 548,011
Annual Increment 004 4,000
Employee Benefits 010 189,671
Unclassified 099 315,074
Appointed Counsel Fees and
Public Defender Corporations (R) 127 -0-
Public Defender Corporations 352 12,773,436
Appointed Counsel Fees 788 13,061,008
BRIM Premium 913 __________36,785
Total $ 26,927,985
Any unexpended balance remaining in the above appropriation for
Appointed Counsel Fees and Public Defender Corporations (fund 0226,
activity 127) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
The director of public defender services may transfer funds from
Public Defender Corporations (fund 0226, activity 352) to Appointed
Counsel Fees (fund 0226, activity 788) in the appropriation above.
28--Committee for the Purchase of
Commodities and Services from the Handicapped
(WV Code Chapter 5A)
Fund 0233 FY 2004 Org 0224
Unclassified--Total 096 $ 3,896
29--Public Employees Insurance Agency
(WV Code Chapter 5)
Fund 0200 FY 2004 Org 0225
The division of highways, division of motor vehicles, bureau of
employment programs, public service commission and other departments,
bureaus or divisions operating from special revenue funds and/or
federal funds shall pay their proportionate share of the public
employees health insurance cost for their respective divisions.
30--West Virginia Prosecuting Attorneys Institute
Fund 0557 FY 2004 Org 0228
Forensic Medical Examinations (R) 683 $ 162,033
Federal Funds/Grant Match (R) 749 __________120,505
Total $ 282,538
Any unexpended balances remaining in the appropriations for
Forensic Medical Examinations (fund 0557, activity 683) and Federal
Funds/Grant Match (fund 0557, activity 749) at the close of the fiscal
year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0557, fiscal year 2003, activity
683 ($8,000) and fund 0557, fiscal year 2003, activity 749 ($2,794)
which shall expire on June 30, 2003.
31--Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 0588 FY 2004 Org 0230
Unclassified--Total (R) 096 $ 7,122,654
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 0588, activity 096) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
DEPARTMENT OF EDUCATION
32--State Department of Education--
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2004 Org 0402
Personal Services 001 $ 213,210
Annual Increment 004 3,302
Employee Benefits 010 77,578
Unclassified 099 __________1,640,000
Total $ 1,934,090
33--State FFA-FHA Camp and
Conference Center
(WV Code Chapters 18 and 18A)
Fund 0306 FY 2004 Org 0402
Personal Services 001 $ 604,970
Annual Increment 004 12,050
Employee Benefits 010 221,763
Unclassified 099 203,561
BRIM Premium 913 __________25,949
Total $ 1,068,293
34--State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2004 Org 0402
Personal Services 001 $ 2,809,896
Annual Increment 004 41,611
Employee Benefits 010 883,273
Unclassified (R) 099 2,726,918
WV Education Information
System (WVEIS) 138 3,046,762
34/1000 Waiver 139 400,000
Increased Enrollment 140 -0-
Teacher Mentor (R) 158 -0-
National Teacher Certification (R) 161 50,000
Allowance for County Transfers 264 46,890
HVAC Technicians 355 315,192
Early Retirement Notification
Incentive 366 200,000
FBI Checks 372 97,835
Principals Leadership Training 373 24,779
Bridges Program 394 300,000
Governor's Honors Academy 478 -0-
Foreign Student Education (R) 636 82,786
State Teacher of the Year 640 38,009
Principals Mentorship 649 65,000
Allowance for Work-Based Learning 744 120,000
Regional Education Service Agencies 972 4,737,706
Sparse Population Allocation 973 625,000
Enrollment Error Correction 974 296,205
BRIM Premium 913 __________160,292
Total $ 17,068,154
The above appropriation includes the state board of education and
their executive office.
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0313, activity 099), Increased Enrollment (fund
0313, activity 140), Teacher Mentor (fund 0313, activity 158),
National Teacher Certification (fund 0313, activity 161) and Foreign
Student Education (fund 0313, activity 636) at the close of the fiscal
year 2003 are hereby reappropriated for expenditure during the fiscal
year 2004.
35--State Department of Education--
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2004 Org 0402
Special Education--Counties 159 $ 7,271,757
Special Education--Institutions 160 3,249,099
Educational Programs at Beckley
Center (R) 192 -0-
Educational Programs at Beckley and
Burlington Centers (R) 975 467,048
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers 302 572,900
Education of Institutionalized
Juveniles and Adults 472 8,785,481
Potomac Center 810 __________808,275
Total $ 21,154,560
Any unexpended balance remaining in the appropriation for
Unclassified--Surplus (fund 0314, activity 097) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
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.
36--State Department of Education--
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2004 Org 0402
Other Current Expenses 022 $ 128,797,160
Professional Educators 151 733,209,258
Service Personnel 152 243,289,005
Fixed Charges 153 87,201,295
Transportation 154 36,629,741
Administration 155 2,907,884
Improve Instructional Programs 156 ________33,000,000
Basic Foundation Allowances 1,265,034,343
Less Local Share ________ (300,957,610)
Total Basic State Aid 964,076,733
Early Childhood Collaborative 018 34,760,421
Public Employees Insurance Matching 012 171,889,586
Teachers Retirement System 019 302,110,205
School Building Authority 453 __________22,642,530
Total $ 1,495,479,475
37--State Board of Education--
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2004 Org 0402
Personal Services 001 $ 916,403
Annual Increment 004 14,732
Employee Benefits 010 294,435
Unclassified 099 1,110,000
Wood Products--Forestry Vocational
Program 146 56,220
Albert Yanni Vocation Program 147 124,263
Vocational Aid 148 14,007,210
Adult Basic Education 149 2,987,191
Partnership Development/Staff 171 259,810
Adult Advisory Council 621 289,025
Aquaculture Support 769 __________100,000
Total $ 20,159,289
38--State Board of Education--
Division of Educational Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2004 Org 0402
Personal Services 001 $ -0-
Annual Increment 004 -0-
Employee Benefits 010 -0-
Unclassified--Total 096 500,000
Unclassified 099 __________-0-
Total $ 500,000
39--West Virginia Schools for the
Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2004 Org 0403
Personal Services 001 $ 6,691,692
Annual Increment 004 5,350
Employee Benefits 010 2,434,699
Unclassified 099 1,613,470
BRIM Premium 913 __________47,094
Total $ 10,792,305
Any unexpended balance remaining in the appropriation for Capital
Outlay, Repairs and Equipment--Surplus (fund 0320, activity 677) at
the close of the fiscal year 2003 is hereby reappropriated for
expenditure during the fiscal year 2004.
DEPARTMENT OF EDUCATION AND THE ARTS
40--Department of Education and the Arts--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2004 Org 0431
Unclassified (R) 099 $ 777,135
Center for Professional
Development (R) 115 1,607,423
Center for Professional Development--
Principals' Academy (R) 415 438,180
Energy Express 861 500,000
BRIM Premium 913 __________2,200
Total $ 3,324,938
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0294, activity 099), Center for Professional
Development (fund 0294, activity 115) and Center for Professional
Development--Principals' Academy (fund 0294, activity 415) at the
close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004, with the exception of fund
0294, fiscal year 2003, activity 415 ($74,644) and fund 0294, fiscal
year 2003, activity 099 ($27,056) which shall expire on June 30, 2003.
41--Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2004 Org 0432
Personal Services 001 $ 2,144,527
Annual Increment 004 39,855
Employee Benefits 010 790,108
Unclassified 099 470,000
Culture and History Programming 732 275,000
BRIM Premium 913 __________34,436
____________Total $ 3,753,926
The Unclassified appropriation includes funding for the arts
funds, department programming funds, grants, fairs and festivals and
Camp Washington Carver and shall be expended only upon authorization
of the division of culture and history and in accordance with the
provisions of article three, chapter five-a of the code and chapter
twelve of the code.
All federal moneys received as reimbursement to the division of
culture and history for moneys expended from the general revenue fund
for the arts fund and historical preservation are hereby
reappropriated for the purposes as originally made, including personal
services, current expenses and equipment.
42--Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2004 Org 0433
Personal Services 001 $ 1,046,426
Annual Increment 004 28,100
Employee Benefits 010 371,503
Unclassified 099 220,331
Services to Blind and Handicapped 181 38,456
BRIM Premium 913 __________22,330
Total $ 1,727,146
43--Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2004 Org 0439
Personal Services 001 $ 3,030,517
Annual Increment 004 61,492
Employee Benefits 010 1,039,610
Unclassified 099 592,586
Lease Revenue Bonds 646 -0-
BRIM Premium 913 __________38,110
____________Total $ 4,762,315
These funds may be transferred to special revenue accounts for
matching college, university, city, county, federal and/or other
generated revenues.
44--State Board of Rehabilitation--
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2004 Org 0932
Personal Services 001 $ 6,488,519
Annual Increment 004 134,049
Independent Living Services 009 24,000
Employee Benefits 010 2,623,325
Unclassified 099 130,000
Workshop Development 163 1,816,149
Supported Employment Extended
Services 206 119,032
Ron Yost Personal Assistance Fund 407 340,000
BRIM Premium 913 __________50,010
Total $ 11,725,084
Any unexpended balance remaining in the appropriation for
Technology-Related Assistance Revolving Loan Fund for Individuals with Disabilities (fund 0310, activity 766) at the close of the fiscal year
2003 is hereby reappropriated for expenditure during the fiscal year
2004 and may be transferred to a special account for the purpose of
disbursement or loan.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
45--Department of Health and Human Resources--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2004 Org 0501
Unclassified--Total 096 $ 137,779
46--Division of Health--
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2004 Org 0506
Personal Services 001 $ 8,279,060
Annual Increment 004 177,256
Employee Benefits 010 3,469,346
Levels 1, 2 and 3 Trauma Centers 013 900,000
Unclassified 099 5,604,254
Safe Drinking Water Program 187 506,098
Pet Scan Support 209 100,000
Women, Infants and Children 210 45,000
Basic Public Health Services Support 212 4,323,708
Early Intervention 223 3,307,043
Cancer Registry 225 272,501
CARDIAC Project 375 220,000
State EMS Technical Assistance 379 1,403,674
EMS Program for Children 381 49,710
Statewide EMS Program Support 383 552,970
Primary Care Centers--
Mortgage Finance 413 550,000
Black Lung Clinics 467 198,646
Center for End of Life 545 200,000
Pediatric Dental Services 550 150,000
Vaccine for Children 551 432,257
Adult Influenza Vaccine 552 65,000
Tuberculosis Control 553 253,908
Maternal and Child Health Clinics,
Clinicians and Medical Contracts
and Fees (R) 575 4,614,188
Epidemiology Support 626 379,516
Primary Care Support 628 7,254,178
Levels 1 and 2 Trauma Centers 650 -0-
Neurological Research and
Development 634 -0-
State Aid to Local Health
Departments 702 9,257,684
Health Right Free Clinics 727 2,697,836
Osteoporosis Prevention Fund 729 156,423
Emergency Response Entities--
Special Projects 822 500,000
Women's Right to Know 546 200,000
BRIM Premium 913 __________161,860
Total $ 56,282,116
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0407, activity 099, fiscal year 1997) and Maternal
and Child Health Clinics, Clinicians and Medical Contracts and Fees
(fund 0407, activity 575) at the close of the fiscal year 2003 are
hereby reappropriated for expenditure during the fiscal year 2004,
with the exception of fund 0506, fiscal year 2003, activity 575
($45,000) which shall expire on June 30, 2003.
From the Maternal and Child Health Clinics, Clinicians and
Medical Contracts and Fees line item, $400,000 shall be transferred to
the Breast and Cervical Cancer Diagnostic Treatment Fund.
47--Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2004 Org 0506
Personal Services 001 $ 616,833
Annual Increment 004 11,991
Employee Benefits 010 250,602
Special Olympics 208 26,074
Behavioral Health Program--
Unclassified (R) 219 42,690,722
Family Support Act 221 1,092,753
Institutional Facilities Operations 335 44,096,851
Colin Anderson Community
Placement (R) 803 3,264,325
Renaissance Program 804 194,000
BRIM Premium 913 __________875,704
Total $ 93,119,855
Any unexpended balances remaining in the appropriations for
Behavioral Health Program--Unclassified (fund 0525, activity 219) and
Colin Anderson Community Placement (fund 0525, activity 803) at the
close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004, with the exception of fund
0525, fiscal year 2003, activity 219 ($1,611,765) and fund 0525,
fiscal year 2003, activity 803 ($1,000,000) which shall expire on June
30, 2003.
The secretary of the department of health and human resources,
prior to the beginning of the fiscal year, shall file with the
legislative auditor and the department of administration an
expenditure schedule for each formerly separate spending unit which
has been consolidated into the above account and which receives a
portion of the above appropriation for Institutional Facilities
Operations. The secretary shall also, within fifteen days after the
close of the six-month period of said fiscal year, file with the
legislative auditor and the department of administration an itemized
report of expenditures made during the preceding six-month period.
From the Colin Anderson Community Placement (fund 0525, activity
803) funds may be both expended for the community placement costs of
the Colin Anderson clients and transferred to the Medical Services
Program Fund to pay the Medicaid state share of the Medicaid cost of
Colin Anderson clients in the community.
From the above appropriation to Institutional Facilities Operations, together with available funds from the Division of Health-
-Hospital Services Revenue Account (fund 5156, activity 335) and
Tobacco Settlement Expenditure Fund (fund 5124, activity 335), on July
1, 2003, the sum of $200,000 shall be transferred to the department of
agriculture--land division as advance payment for the purchase of food
products; actual payments for such purchases shall not be required
until such credits have been completely expended.
Additional funds have been appropriated in fund 5124, fiscal year
2004, organization 0506, and fund 5156, fiscal year 2004, organization
0506, for the operation of the institutional facilities. The
secretary of the department of health and human resources is
authorized to utilize up to ten percent of the funds from the
Institutional Facilities Operations line item to facilitate cost-
effective and cost-saving services at the community level.
48--Division of Health--
West Virginia Drinking Water Treatment
(WV Code Chapter 16)
Fund 0561 FY 2004 Org 0506
West Virginia Drinking Water Treatment
Revolving Fund--Transfer 689 $ 700,000
The above appropriation for Drinking Water Treatment Revolving
Fund--Transfer shall be transferred to the West Virginia Drinking
Water Treatment Revolving Fund or appropriate bank depository and the
Drinking Water Treatment Revolving--Administrative Expense Fund as
provided by chapter sixteen of the code.
49--Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2004 Org 0510
Personal Services 001 $ 678,511
Annual Increment 004 14,900
Employee Benefits 010 231,960
Unclassified 099 234,013
BRIM Premium 913 __________17,970
Total $ 1,177,354
50--Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2004 Org 0511
Personal Services 001 $ 22,204,915
Annual Increment 004 648,734
Employee Benefits 010 8,512,817
Unclassified 099 20,305,924
Child Care Development 144 1,446,802
Medical Services Contracts and
Office of Managed Care 183 2,329,730
Medical Services 189 253,453,990
Women's Commission 191 133,271
Social Services 195 60,105,425
Family Preservation Program 196 1,565,000
Domestic Violence Legal Services Fund 384 150,000
James "Tiger" Morton Catastrophic
Illness Fund 455 940,000
Child Protective Services Case
Workers 468 8,866,767
Medical Services Trust Fund Transfer 512 5,000,000
OSCAR and RAPIDS 515 3,471,648
WV Teaching Hospitals Tertiary/
Safety Net 547 1,750,000
Child Welfare System 603 2,581,948
Commission for the Deaf and
Hard of Hearing 704 263,032
Child Support Enforcement 705 2,758,468
Medicaid Auditing 706 590,841
Temporary Assistance for Needy
Families/Maintenance of Effort 707 22,969,096
Child Care--Maintenance of
Effort and Match 708 4,409,643
Grants for Licensed Domestic
Violence Programs and Statewide
Prevention 750 1,000,000
Indigent Burials (R) 851 1,274,000
BRIM Premium 913 __________667,631
Total $ 427,399,682
Any unexpended balance remaining in the appropriation for
Indigent Burials (fund 0403, activity 851) at the close of the fiscal
year 2003 is hereby reappropriated for expenditure during the fiscal
year 2004.
The above appropriation for James "Tiger" Morton Catastrophic
Illness Fund (activity 455) shall be transferred to the James "Tiger" Morton Catastrophic Illness Fund (fund 5454) as provided by article
five-q, chapter sixteen of the code.
The above appropriation for Domestic Violence Legal Services Fund
(activity 384) shall be transferred to the Domestic Violence Legal
Services Fund (fund 5455).
Notwithstanding the provisions of Title I, section three of this
bill, the secretary of the department of health and human resources
shall have the authority to transfer funds within the above account:
Provided, That no more than five percent of the funds appropriated to
one line item may be transferred to other line items: Provided,
however, That no funds from other line items shall be transferred to
the personal services line item.
The secretary shall have authority to expend funds for the
educational costs of those children residing in out-of-state
placements, excluding the costs of special education programs.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
51--Department of Military Affairs and
Public Safety--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2004 Org 0601
Unclassified (R) 099 $ 632,054
BRIM Premium 913 __________4,816
Total $ 636,870
Any unexpended balance remaining in the appropriation for
Unclassified (fund 0430, activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year
2004.
52--Adjutant General--
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2004 Org 0603
Personal Services 001 $ 387,196
Annual Increment 004 9,500
Employee Benefits 010 120,822
Unclassified (R) 099 14,564,338
BRIM Premium 913 __________20,344
Total $ 15,102,200
Any unexpended balance remaining in the appropriation for
Unclassified (fund 0433, activity 099) at the close of the fiscal year
2003 is hereby reappropriated for expenditure during the fiscal year
2004.
From the above appropriation an amount approved by the adjutant
general and the secretary of military affairs and public safety may be
transferred to the state armory board for operation and maintenance of
national guard armories.
53--West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2004 Org 0605
Personal Services 001 $ 122,751
Annual Increment 004 1,744
Employee Benefits 010 115,929
Unclassified 099 119,325
Salaries of Members of West Virginia
Parole Board 227 225,000
BRIM Premium 913 __________22,208
Total $ 606,957
54--Office of Emergency Services
(WV Code Chapter 15)
Fund 0443 FY 2004 Org 0606
Personal Services 001 $ 222,636
Annual Increment 004 5,300
Employee Benefits 010 83,587
Unclassified 099 110,233
Federal Emergency Management
Agency Match (R) 188 210,937
Early Warning Flood System 877 324,000
Radiological Emergency Preparedness 554 25,600
BRIM Premium 913 __________6,680
Total $ 988,973
Any unexpended balances remaining in the appropriations for
Federal Emergency Management Agency Match (fund 0443, activity 188)
and Flood Reparations (fund 0443, activity 400) at the close of the
fiscal year 2003 are hereby reappropriated for expenditure during the
fiscal year 2004.
55--Division of Corrections--
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2004 Org 0608
Personal Services 001 $ 384,881
Annual Increment 004 5,775
Employee Benefits 010 117,178
Unclassified 099 __________97,594
Total $ 605,428
Any unexpended balance remaining in the appropriation for
Management Information System (fund 0446, activity 398) at the close
of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
56--Division of Corrections--
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2004 Org 0608
Employee Benefits 010 $ 347,367
Unclassified 099 729,093
Charleston Work Release 456 842,328
Beckley Correctional Center 490 917,400
Huntington Work Release 495 721,135
Anthony Center 504 4,060,261
Huttonsville Correctional Center 514 13,427,651
Northern Correctional Facility 534 5,956,185
Inmate Medical Expenses 535 11,110,767
Pruntytown Correctional Center 543 5,651,370
Payments to Federal, County and/or
Regional Jails 555 8,303,000
Corrections Academy 569 992,962
Martinsburg Correctional Center 663 -0-
Parole Services 686 1,997,449
Special Services 687 2,088,914
St. Marys Correctional Facility 881 11,366,500
Denmar Correctional Facility 882 3,578,058
Ohio County Correctional Facility 883 1,177,177
Mt. Olive Correctional Facility 888 17,537,863
Lakin Correctional Facility 896 7,381,145
BRIM Premium 913 __________560,889
Total $ 98,747,514
Any unexpended balance remaining in the appropriation for Capital
Outlay (fund 0450, activity 511) at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004.
The commissioner of corrections shall, within fifteen days after
the close of each six-month period of said fiscal year, file with the
legislative auditor and the department of administration an itemized
report of expenditures made during the preceding six-month period.
Such report shall include the total of expenditures made for personal
services, annual increment, current expenses (inmate medical expenses
and other), repairs and alterations and equipment. The commissioner
of corrections shall also have the authority to transfer between line
items appropriated to the individual correctional units above and may
transfer funds from the individuals units to Payments to Federal,
County and/or Regional Jails (fund 0450, org 555) or Inmate Medical
Expenses (fund 0450, org 535).
From the above appropriation to Unclassified, on July 1, 2003,
the sum of $300,000 shall be transferred to the department of
agriculture--land division as advance payment for the purchase of food
products; actual payments for such purchases shall not be required
until such credits have been completely expended.
57--West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2004 Org 0612
Personal Services 001 $ 27,917,001
Annual Increment 004 191,550
Employee Benefits 010 5,594,693
Unclassified 099 6,708,423
Vehicle Purchase 451 1,000,000
Barracks Maintenance
and Construction (R) 494 1,719,388
Trooper Class 521 3,755,986
Barracks Lease Payments 556 318,768
Communications and Other
Equipment (R) 558 613,285
Trooper Retirement Fund 605 24,875,529
Handgun Administration Expense 747 70,375
Automated Fingerprint Identification
System 898 495,293
BRIM Premium 913 __________3,351,098
Total $ 76,611,389
Any unexpended balances remaining in the appropriations for Barracks Maintenance and Construction (fund 0453, activity 494) and
Communications and Other Equipment (fund 0453, activity 558) at the
close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
58--Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2004 Org 0613
Personal Services 001 $ 872,723
Annual Increment 004 25,480
Employee Benefits 010 380,309
Unclassified 099 50,000
Veterans' Field Offices 228 136,371
Veterans' Toll-Free Assistance Line 328 5,000
Veterans' Reeducation Assistance (R) 329 211,604
Veterans' Grant Program (R) 342 150,000
Women's Veterans' Monument (R) 385 -0-
Memorial Day Patriotic Exercise 697 20,000
BRIM Premium 913 __________23,741
Total $ 1,875,228
Any unexpended balances remaining in the appropriations for
Veterans' Reeducation Assistance (fund 0456, activity 329), Veterans'
Field Office Improvements (fund 0456, activity 331), Veterans' Grant
Program (fund 0456, activity 342), Women's Veterans' Monument (fund
0456, activity 385) and Veterans' Monuments (fund 0456, activity 817)
at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
59--Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 9A)
Fund 0460 FY 2004 Org 0618
Personal Services 001 $ 668,646
Annual Increment 004 14,150
Employee Benefits 010 305,110
Unclassified 099 __________144,763
____________Total $ 1,132,669
60--Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2004 Org 0619
Personal Services 001 $ 613,761
Annual Increment 004 11,478
Employee Benefits 010 222,360
Unclassified 099 146,248
Safe Schools Hotline 560 250,000
BRIM Premium 913 __________20,940
Total $ 1,264,787
61--Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 0546 FY 2004 Org 0620
Personal Services 001 $ 248,802
Annual Increment 004 3,645
Employee Benefits 010 83,776
Unclassified 099 155,775
Statistical Analysis Program 597 52,837
Sentencing Commission 976 123,000
Community Corrections in Mercer,
Harrison and Ohio Counties 977 300,000
BRIM Premium 913 __________1,000
Total $ 968,835
62--Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2004 Org 0621
Personal Services 001 $ -0-
Annual Increment 004 -0-
Employee Benefits 010 -0-
Unclassified (R) 099 -0-
Central Office 701 1,822,092
WV Industrial Home for Youth 979 10,669,115
Davis Center 980 2,113,692
Eastern Regional Juvenile Center 981 1,024,150
Northern Regional Juvenile Center 982 912,807
North Central Regional Juvenile
Center 983 1,599,320
Southern Regional Juvenile Center 984 1,701,438
Tiger Morton Center 985 1,810,884
Donald R. Kuhn Juvenile Center 986 3,530,534
J. M. "Chick" Buckbee Juvenile Center 987 1,831,385
Salem Canine 988 87,501
Davis Canine 989 83,536
The Academy 990 128,668
Mt. Hope Juvenile Center 991 417,000
BRIM Premium 913 __________20,930
Total $ 27,753,052
Any unexpended balance remaining in the appropriation for
Unclassified (fund 0570, activity 099) at the close of the fiscal year
2003 is hereby reappropriated for expenditure during the fiscal year
2004.
From the above appropriation to Unclassified, on July 1, 2003,
the sum of $50,000 shall be transferred to the department of
agriculture--land division as advance payment for the purchase of food
products; actual payments for such purchases shall not be required
until such credits have been completely expended.
The director of juvenile services shall also have the authority
to transfer between line items appropriated to the individual juvenile
centers above.
63--Division of Protective Services
(WV Code Chapter 15)
Fund 0585 FY 2004 Org 0622
Personal Services 001 $ 826,051
Annual Increment 004 4,000
Employee Benefits 010 330,260
Equipment (R) 070 -0-
Unclassified (R) 099 583,281
BRIM Premium 913 __________3,575
Total $ 1,747,167
Any unexpended balances remaining in the appropriations for
Equipment (fund 0585, activity 070), Unclassified--Surplus (fund 0585,
activity 097) and Unclassified (fund 0585, activity 099) at the close
of the fiscal year 2003 are hereby reappropriated for expenditure
during the fiscal year 2004.
DEPARTMENT OF TAX AND REVENUE
64--Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2004 Org 0702
Personal Services (R) 001 $ 10,950,709
Annual Increment 004 259,060
Employee Benefits (R) 010 3,561,722
Unclassified (R) 099 5,475,655
Multistate Tax Commission 653 41,238
GIS Development Project 562 150,000
BRIM Premium 913 __________5,058
Total $ 20,443,442
Any unexpended balances remaining in the appropriations for
Unclassified--Surplus (fund 0470, activity 097), Personal Services
(fund 0470, activity 001), Employee Benefits (fund 0470, activity 010)
and Unclassified (fund 0470, activity 099) at the close of the fiscal
year 2003 are hereby reappropriated for expenditure during the fiscal
year 2004.
65--West Virginia Office of Tax Appeals
(WV Code Chapter 11)
Fund 0593 FY 2004 Org 0709
Unclassified--Total 096 $ 642,620
66--Division of Professional and
Occupational Licenses--
State Athletic Commission
(WV Code Chapter 29)
Fund 0523 FY 2004 Org 0933
Unclassified 099 $ 5,812
BRIM Premium 913 __________1,388
Total $ 7,200
DEPARTMENT OF TRANSPORTATION
67--State Rail Authority
(WV Code Chapter 29)
Fund 0506 FY 2004 Org 0804
Unclassified 099 $ 3,402,793
BRIM Premium 913 __________8,989
Total $ 3,411,782
68--Division of Public Transit
(WV Code Chapter 17)
Fund 0510 FY 2004 Org 0805
Unclassified (R) 099 $ 1,294,162
Federal Funds/Grant Match 749 __________1,000,000
Total $ 2,294,162
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0510, activity 099) and Grant Match (fund 0510,
activity 388) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004, with the
exception of fund 0510, fiscal year 2003, activity 099 ($44,002) and fund 0510, fiscal year 2003, activity 388 ($34,000)
which shall expire
on June 30, 2003.
69--Public Port Authority
(WV Code Chapter 17)
Fund 0581 FY 2004 Org 0806
Unclassified--Total (R) 096 $ 725,533
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 0581, activity 096) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004, with the exception of fund 0581, fiscal year 2003,
activity 096 ($27,659) which shall expire on June 30, 2003.
70--Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2004 Org 0807
Unclassified (R) 099 $ 1,227,801
Civil Air Patrol 234 __________105,257
Total $ 1,333,058
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0582, activity 099) at the close of the fiscal year
2003 are hereby reappropriated for expenditure during the fiscal year
2004, with the exception of fund 0582, fiscal year 2003, activity 099
($54,899) which shall expire on June 30, 2003.
BUREAU OF COMMERCE
71--Division of Forestry
(WV Code Chapter 19)
Fund 0250 FY 2004 Org 0305
Personal Services 001 $ 1,657,488
Annual Increment 004 45,100
Employee Benefits 010 626,439
Unclassified 099 89,630
Aerial Tanker Airplanes 752 200,000
BRIM Premium 913 __________156,271
Total $ 2,774,928
Out of the above appropriation a sum may be used to match federal
funds for cooperative studies or other funds for similar purposes.
72--Geological and Economic Survey
(WV Code Chapter 29)
Fund 0253 FY 2004 Org 0306
Personal Services 001 $ 1,243,962
Annual Increment 004 35,138
Employee Benefits 010 411,944
Unclassified 099 201,317
Mineral Mapping System (R) 207 1,349,859
Geographic Information System (R) 214 294,031
BRIM Premium 913 __________16,044
Total $ 3,552,295
Any unexpended balances remaining in the appropriations for
Mineral Mapping System (fund 0253, activity 207), Geographic
Information System (fund 0253, activity 214) and Computer Upgrade--
Surplus (fund 0253, activity 874) at the close of the fiscal year 2003
are hereby reappropriated for expenditure during the fiscal year 2004,
with the exception of fund 0253, fiscal year 2003, activity 214 ($16,576) and fund 0253, fiscal year 2003, activity 207 ($77,122)
which shall expire on June 30, 2003.
The above Unclassified appropriation includes funding to secure
federal and other contracts and may be transferred to a special
revolving fund (fund 3105, activity 099) for the purpose of providing
advance funding for such contracts.
73--West Virginia Development Office
(WV Code Chapter 5B)
Fund 0256 FY 2004 Org 0307
Personal Services 001 $ 2,359,130
Annual Increment 004 33,034
Employee Benefits 010 709,428
Unclassified 099 3,046,819
Partnership Grants (R) 131 3,000,000
National Youth Science Camp 132 169,362
Local Economic Development
Partnerships (R) 133 1,600,500
ARC Assessment 136 167,308
Institute for Software Research 217 84,681
West Virginia Steel Advisory 230 67,745
Mid-Atlantic Aerospace Complex (R) 231 196,425
Guaranteed Work Force Grant (R) 242 2,702,576
Mingo County Surface Mine Project 296 125,000
Small Business Financial
Assistance (R) 360 404,982
Robert C. Byrd Institute for Advanced/
Flexible Manufacturing--Technology
Outreach and Programs for
Environmental and
Advanced Technologies 367 611,100
Advantage Valley 389 87,300
Chemical Alliance Zone 390 45,000
WV High-Tech Consortium 391 177,300
Charleston Farmers Market (R) 476 90,000
Industrial Park Assistance (R) 480 500,000
Leverage Technology and Small
Business Development Program (R) 525 718,438
International Offices (R) 593 776,004
Blanchette Rockefeller
Neurological Institute 635 -0-
Economic Development 655 -0-
WV Manufacturing Extension
Partnership 731 169,362
Small Business Work Force (R) 735 529,106
Polymer Alliance 754 84,681
National Institute of Chemical
Studies 805 84,681
Local Economic Development
Assistance (R) 819 4,500,000
Community College Workforce
Development (R) 878 722,408
Hardwood Alliance Zone 992 50,000
BRIM Premium 913 __________1,464
Total $ 23,813,834
Any unexpended balances remaining in the appropriations for
Partnership Grants (fund 0256, activity 131), Local Economic
Development Partnerships (fund 0256, activity 133), Mid-Atlantic
Aerospace Complex (fund 0256, activity 231), Guaranteed Work Force
Grant (fund 0256, activity 242), Small Business Financial Assistance
(fund 0256, activity 360), Charleston Farmers Market (fund 0256,
activity 476), Industrial Park Assistance (fund 0256, activity 480),
Leverage Technology and Small Business Development Program (fund 0256,
activity 525), International Offices (fund 0256, activity 593), Small
Business Work Force (fund 0256, activity 735), Local Economic
Development Assistance (fund 0256, activity 819), Community College
Workforce Development (fund 0256, activity 878), Economic Development
Assistance (fund 0256, activity 900) and Technology Initiatives (fund
0256, activity 901) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004, with the
exception of fund 0256, fiscal year 2003, activity 131 ($136,000),
fund 0256, fiscal year 2003, activity 231 ($7,421), fund 0256, fiscal
year 2003, activity 242 ($423,891),
fund 0256, fiscal year 2003,
activity 360 ($13,843),
fund 0256, fiscal year 2003, activity 480
($18,872),
fund 0256, fiscal year 2003, activity 525 ($27,141), fund
0256, fiscal year 2003, activity 735 ($24,826), fund 0256, fiscal year
2003, activity 819 ($238,000) and fund 0256, fiscal year 2003,
activity 878 ($27,291) which shall expire on June 30, 2003.
The above appropriation to Local Economic Development Partnerships shall be used by the West Virginia development office for
the award of funding assistance to county and regional economic
development corporations or authorities participating in the certified
development community program developed under the provisions of
section three, article two, chapter five-b of the code. The West
Virginia development office shall award the funding assistance through
a matching grant program, based upon a formula whereby funding
assistance may not exceed $30,000 per county served by an economic
development corporation or authority.
74--Division of Labor
(WV Code Chapters 21 and 47)
Fund 0260 FY 2004 Org 0308
Personal Services 001 $ 1,728,316
Annual Increment 004 25,072
Employee Benefits 010 624,700
Unclassified 099 480,538
BRIM Premium 913 __________40,058
Total $ 2,898,684
75--Division of Natural Resources
(WV Code Chapter 20)
Fund 0265 FY 2004 Org 0310
Personal Services 001 $ 6,970,016
Annual Increment 004 226,437
Employee Benefits 010 3,744,817
Gypsy Moth Suppression Program--
Wildlife Management Areas 014 50,000
Unclassified 099 9,633
Litter Control Conservation Officers 564 192,823
Law Enforcement--Federal Audit 563 350,000
Upper Mud River Flood Control 654 171,217
Law Enforcement 806 844,625
BRIM Premium 913 __________251,260
Total $ 12,810,828
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.
The above appropriation for Law Enforcement--Federal Audit (fund
0265, activity 563) shall only be expended after the division of
natural resources has executed the memorandum of agreement resolving
pending claims of the U. S. fish and wildlife service and upon written
approval of the commissioner of the bureau of commerce.
76--Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 0277 FY 2004 Org 0314
Personal Services 001 $ 3,648,406
Annual Increment 004 70,950
Employee Benefits 010 1,339,000
Unclassified 099 769,336
BRIM Premium 913 35,421
WV Diesel Equipment Commission 712 __________38,034
Total $ 5,901,147
77--Board of Coal Mine
Health and Safety
(WV Code Chapter 22)
Fund 0280 FY 2004 Org 0319
Personal Services 001 $ 110,950
Annual Increment 004 750
Employee Benefits 010 27,270
Unclassified 099 __________30,345
Total $ 169,315
78--Coal Mine Safety and Technical Review Committee
(WV Code Chapter 22)
Fund 0285 FY 2004 Org 0320
Unclassified--Total 096 $ -0-
Unclassified 099 63,352
Coal Forum (Coal Miner Statue) 015 __________25,000
Total $ 88,352
DEPARTMENT OF ENVIRONMENTAL PROTECTION
79--Environmental Quality Board
(WV Code Chapter 20)
Fund 0270 FY 2004 Org 0311
Personal Services 001 $ 98,917
Annual Increment 004 795
Employee Benefits 010 23,256
Unclassified 099 16,121
BRIM Premium 913 __________2,228
Total $ 141,317
80--Interstate Commission on Potomac River Basin
(WV Code Chapter 29)
Fund 0263 FY 2004 Org 0313
West Virginia's Contribution to the
Interstate Commission on Potomac
River Basin--Total 134 $ 42,300
81--Ohio River Valley Water Sanitation Commission
(WV Code Chapter 29)
Fund 0264 FY 2004 Org 0313
West Virginia's Contribution to the
Ohio River Valley Water
Sanitation Commission--Total 135 $ 120,870
82--Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2004 Org 0313
Personal Services 001 $ 4,402,434
Annual Increment 004 73,538
Employee Benefits 010 1,435,444
Unclassified 099 876,955
Dam Safety 607 213,639
Office of Water Resources
Nonenforcement Activity 855 1,154,877
Welch DEP Office Continuing
Operation 993 92,000
BRIM Premium 913 __________12,462
Total $ 8,261,349
83--Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2004 Org 0325
Unclassified 099 $ 87,412
BRIM Premium 913 __________2,586
Total $ 89,998
BUREAU OF SENIOR SERVICES
84--Bureau of Senior Services
(WV Code Chapter 29)
Fund 0420 FY 2004 Org 0508
Personal Services 001 $ 125,099
Annual Increment 004 2,257
Employee Benefits 010 50,805
Unclassified 099 506,331
Silver Haired Legislature 202 15,000
Area Agencies Administration 203 78,685
Alzheimer's Respite Care 565 100,000
BRIM Premium 913 __________2,075
____________Total $ 880,252
HIGHER EDUCATION POLICY COMMISSION
85--Higher Education Policy Commission--
Administration
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2004 Org 0441
Unclassified 099 $ 2,098,920
WVNET 169 2,096,505
EPSCoR 571 -0-
Vice Chancellor for Health Sciences--
Rural Health Initiative Program
and Site Support 595 4,065,467
Vice Chancellor for Health Sciences--
Rural Health Residency Program 601 300,000
West Virginia Council for Community
and Technical Education 392 __________449,141
Total $ 9,010,033
Any unexpended balances remaining in the appropriations for Vice
Chancellor for Health Sciences--Rural Health Initiative Program and
Site Support (fund 0589, activity 595), Vice Chancellor for Health
Sciences--Rural Health Residency Program (fund 0589, activity 601) and
West Virginia Council for Community and Technical Education (fund
0589, activity 392) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004, with the
exception of fund 0589, fiscal year 2003, activity 392, organization
0441 ($7,739), fund 0589, fiscal year 2003, activity 595, organization
0441 ($70,437), fund 0343, fiscal year 2003, activity 595,
organization 0463 ($55,205), fund 0347, fiscal year 2003, activity
595, organization 0471 ($230,045) and fund 0347, fiscal year 2003,
activity 601, organization 0471 ($75,000) which shall expire on June
30, 2003.
86--Higher Education Policy Commission--
System
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2004 Org 0442
Bluefield State College 408 $ 1,812,400
Bluefield State Community and
Technical College 409 5,471,035
Concord College 410 8,567,177
Eastern West Virginia Community and
Technical College 412 2,004,733
Fairmont State College 414 11,691,739
Fairmont State Community and
Technical College 421 7,098,730
Glenville State College 428 5,332,888
Glenville State Community and
Technical College 430 -0-
Shepherd College 432 8,823,522
Shepherd Community and
Technical College 434 2,162,714
West Liberty State College 439 8,956,727
West Virginia State College 441 9,940,460
West Virginia State Community and
Technical College 445 2,803,931
Southern West Virginia Community and
Technical College 446 7,375,150
West Virginia Northern Community and
Technical College 447 5,728,387
Marshall University 448 40,761,056
Marshall Medical School 173 13,395,900
Marshall University Medical School
BRIM Subsidy 449 564,721
Marshall University Community and
Technical College 487 5,357,306
West Virginia University 459 105,811,878
WVU--School of Health Sciences 174 43,637,011
WVU School of Health Sciences--
Charleston Division 175 3,909,083
West Virginia University School of
Medicine BRIM Subsidy 460 1,115,519
West Virginia University--Parkersburg 471 8,177,741
Potomac State College of West
Virginia University 475 -0-
West Virginia University--Potomac
State 994 4,064,886
West Virginia University Institute
of Technology 479 6,413,689
West Virginia University Institute
of Technology Community and
Technical College 486 3,272,796
Primary Health Education Medical
School Program Support 177 2,136,731
FSC and BSC CTC Distribution Reserve 995 __________1,946,115
Total $ 328,334,025
Any unexpended balances remaining in the appropriations for Primary Health Education Medical School Program Support (fund 0586,
activity 177), Jackson's Mill (fund 0586, activity 461), Marshall
University Forensic Lab (fund 0586, activity 572), Jackson's Mill--
Surplus (fund 0586, activity 842) and WVU College of Engineering and
Mineral Resources--Diesel Training--Transfer (fund 0586, activity 852)
at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004, with the exception of fund
0343, fiscal year 2003, activity 177, organization 0463 ($60,187) and
fund 0347, fiscal year 2003, activity 177, organization 0471
($188,220) which shall expire on June 30, 2003.
Included in the appropriations for WVU--School of Health Sciences
and Marshall Medical School are $943,080 and $295,477, respectively,
for Graduate Medical Education which may be transferred to the
Department of Health and Human Resources' Medical Service Fund (fund
5084) for the purpose of matching federal or other funds to be used in
support of graduate medical education, subject to the Vice Chancellor
for Health Sciences and the Secretary of the Department of Health and
Human Resources. If approval is denied, the funds may be utilized by
the respective institutions for expenditure on graduate medical
education.
Included in the above appropriation for WVU--School of Health
Sciences is $511,105 for the WVU--Charleston Division--Poison Control
Hotline. This amount shall be enhanced by an allocation for the
director's salary as well as in-kind assistance. These amounts shall
be allocated equally among the four quarters of the fiscal year for
disbursement to the WVU--Charleston Division--Poison Control Hotline. Also included is $800,000 for the Blanchette Rockefeller Neurological
Institute.
Included in the above appropriation for West Virginia University
is $34,500 for the Marshall and WVU Faculty and Course Development
International Study Project, $246,429 for the WVU Law School--Skills
Program, $147,857 for the WVU Coal and Energy Research Bureau, $19,714
for the WVU College of Engineering and Mineral Resources--Diesel
Training--Transfer, $153,000 for the WVU--Sheep Study and $40,000 for
a veterinarian.
Included in the above appropriation for Marshall Medical School
is $417,351 for the Marshall University Forensic Lab and $175,061 for
the Marshall University Center for Rural Health.
Included in the above appropriation for Marshall University is
$181,280 for the Marshall University--Southern West Virginia Community
and Technical College 2+2 Program and $795,597 for the Marshall
University Autism Training Center.
Included in the above appropriation for Southern West Virginia
Community and Technical College is $373,774 for the Marshall
University--Southern West Virginia Community and Technical College 2+2
Program, $98,912 for delivery of the associate degree nursing program
to Eastern West Virginia Community and Technical College and $25,000
for the Appleread Program.
Included in the above appropriation for Concord College is
$100,000 for the Geographic Alliance.
Included in the above appropriation for Shepherd College is
$100,000 for the Gateway Program.
The institutions operating from special revenue funds and/or
federal funds shall pay their proportionate share of the Board of Risk
and Insurance Management total insurance premium cost for their
respective institutions.
87--Higher Education Policy Commission--
Health Sciences
Control Account
(WV Code Chapter 18B)
Fund 0590 FY 2004 Org 0477
Any unexpended balances remaining in the appropriations for
Primary Health Education Medical School Program Support (fund 0590,
activity 177), Correctional Telemedicine Project (fund 0590, activity
406), WVU--Charleston Division--Poison Control Hot Line (fund 0590,
activity 510), Capital Outlay and Equipment (fund 0590, activity 542)
and Rural Health Initiative Site Support Program (fund 0590, activity
853) at the close of the fiscal year 2003 are hereby reappropriated
for expenditure during the fiscal year 2004.
88--Higher Education Policy Commission--
Legislative--
Funding Priorities
Control Account
(WV Code Chapter 18B)
Fund 0591 FY 2004 Org 0441
Internal Peer Equity 961 $ 1,000,000
Research Challenge 502 __________663,351
Total $ 1,663,351
Any unexpended balances remaining in the appropriations for
Independently Accredited Community and Technical College Development
(fund 0591, activity 491) and Research Challenge (fund 0591, activity
502) at the close of the fiscal year 2003 are hereby reappropriated
for expenditure during the fiscal year 2004, with the exception of
fund 0591, fiscal year 2003, activity 491, organization 0441 ($1,632),
fund 0351, fiscal year 2003, activity 491, organization 0464 ($7,950),
fund 0355, fiscal year 2003, activity 491, organization 0482 ($7,938),
fund 0361, fiscal year 2003, activity 491, organization 0484
($62,872), fund 0364, fiscal year 2003, activity 491, organization
0485 ($56,808), fund 0377, fiscal year 2003, activity 491,
organization 0491 ($15,713), fund 0380, fiscal year 2003, activity
491, organization 0487 ($7,140), fund 0383, fiscal year 2003, activity
491, organization 0489 ($4,129), fund 0587, fiscal year 2003, activity
491, organization 0492 ($5,436) and fund 0348, fiscal year 2003,
activity 502, organization 0348 ($6,344) which shall expire on June
30, 2003.
The above appropriation shall be allocated only to the state's post-
secondary institutions with compacts approved by the higher education
policy commission, as stated in section five, article one-a, chapter
eighteen-b of the code.
Total TITLE II, Section 1--
General Revenue $_3,033,963,648
Sec. 2. Appropriations from state road fund.--From the state
road fund there are hereby appropriated conditionally upon the
fulfillment of the provisions set forth in article two, chapter five-a of the code the following amounts, as itemized, for expenditure during
the fiscal year 2004.
DEPARTMENT OF TRANSPORTATION
89--Division of Motor Vehicles
(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)
Fund 9007 FY 2004 Org 0802
_______________________________________________________________ State
Road
Activity Fund
Personal Services 001 $ 13,022,017
Annual Increment 004 191,750
Employee Benefits 010 5,233,458
Unclassified 099 20,547,069
International Fuel Tax Agreement 536 __________560,644
Total $ 39,554,938
90--Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2004 Org 0803
Debt Service 040 $ 50,000,000
Maintenance 237 243,700,000
Maintenance, Contract Paving and
Secondary Road Maintenance 272 30,000,000
Bridge Repair and Replacement 273 15,000,000
Inventory Revolving 275 2,000,000
Equipment Revolving 276 10,000,000
General Operations 277 38,768,000
Interstate Construction 278 70,000,000
Other Federal Aid Programs 279 340,700,000
Appalachian Programs 280 150,000,000
Nonfederal Aid Construction 281 20,000,000
Highway Litter Control 282 __________1,600,000
Total $_________971,768,000
The above appropriations are to be expended in accordance with
the provisions of chapters seventeen and seventeen-c of the code.
The commissioner of highways shall have the authority to operate
revolving funds within the state road fund for the operation and
purchase of various types of equipment used directly and indirectly in
the construction and maintenance of roads and for the purchase of
inventories and materials and supplies.
There is hereby appropriated within the above items sufficient
money for the payment of claims, accrued or arising during this
budgetary period, to be paid in accordance with sections seventeen and
eighteen, article two, chapter fourteen of the code.
It is the intent of the Legislature to capture and match all
federal funds available for expenditure on the Appalachian highway
system at the earliest possible time. Therefore, should amounts in
excess of those appropriated be required for the purposes of
Appalachian programs, funds in excess of the amount appropriated may
be made available upon recommendation of the commissioner and approval
of the governor. Further, for the purpose of Appalachian programs,
funds appropriated to line items may be transferred to other line
items upon recommendation of the commissioner and approval of the governor.
Total TITLE II, Section 2--
State Road Fund $ 1,012,023,195
_______________Sec. 3. Appropriations from other funds.--From the funds
designated there are hereby appropriated conditionally upon the
fulfillment of the provisions set forth in article two, chapter five-a
of the code the following amounts, as itemized, for expenditure during
the fiscal year 2004.
LEGISLATIVE
91--Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 1731 FY 2004 Org 2300
____________ Other
Activity Funds
Personal Services 001 $ 202,800
Annual Increment 004 4,770
Employee Benefits 010 64,134
Unclassified 099 50,000
Economic Loss Claim Payment Fund (R) 334 __________2,441,500
Total $ 2,763,204
Any unexpended balance remaining in the appropriation for
Economic Loss Claim Payment Fund (fund 1731, activity 334) at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
EXECUTIVE
92--Chief Technology Officer Administration Fund
(WV Code Chapter 5)
Fund 1028 FY 2004 Org 0100
Unclassified 099 $ 1,872,961
EPSCoR Undergraduate Scientific
Instrumentation Program 829 __________150,000
Total $ 2,022,961
93--Auditor's Office--
Land Operating Fund
(WV Code Chapters 11A, 12 and 36)
Fund 1206 FY 2004 Org 1200
Personal Services 001 $ 209,629
Annual Increment 004 7,500
Employee Benefits 010 67,081
Unclassified 099 __________395,416
Total $ 679,626
There is hereby appropriated from this fund, in addition to the
above appropriation, the necessary amount for the expenditure of funds
other than personal services or employee benefits to enable the
division to pay the direct expenses relating to land sales as provided
in chapter eleven-a of the code.
The total amount of this appropriation shall be paid from the
special revenue fund out of fees and collections as provided by law.
94--Auditor's Office--
Securities Regulation Fund
(WV Code Chapter 32)
Fund 1225 FY 2004 Org 1200
Personal Services 001 $ 723,298
Annual Increment 004 8,700
Employee Benefits 010 199,985
Unclassified 099 __________765,873
Total $ 1,697,856
95--Auditor's Office--
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1233 FY 2004 Org 1200
Unclassified--Total 096 $ 747,368
96--Auditor's Office--
Purchasing Card Administration Fund
(WV Code Chapter 12)
Fund 1234 FY 2004 Org 1200
Unclassified--Total 096 $ 600,000
97--Auditor's Office--
Office of the Chief Inspector
(WV Code Chapter 6)
Fund 1235 FY 2004 Org 1200
Personal Services 001 $ 1,769,646
Annual Increment 004 30,000
Employee Benefits 010 568,489
Unclassified 099 __________555,261
Total $ 2,923,396
98--Treasurer's Office--
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1329 FY 2004 Org 1300
Unclassified--Total 096 $ 100,000
99--Department of Agriculture--
Agriculture Fees Fund
(WV Code Chapter 19)
Fund 1401 FY 2004 Org 1400
Personal Services 001 $ 936,844
Annual Increment 004 10,550
Employee Benefits 010 317,340
Unclassified 099 __________1,313,366
Total $ 2,578,100
100--Department of Agriculture--
West Virginia Rural Rehabilitation Program
(WV Code Chapter 19)
Fund 1408 FY 2004 Org 1400
Student and Farm Loans--Total 235 $ 541,538
101--Department of Agriculture--
General John McCausland Memorial Farm
(WV Code Chapter 19)
Fund 1409 FY 2004 Org 1400
Unclassified--Total 096 $ 80,133
The above appropriation shall be expended in accordance with
article twenty-six, chapter nineteen of the code.
102--Department of Agriculture--
Farm Operating Fund
(WV Code Chapter 19)
Fund 1412 FY 2004 Org 1400
Unclassified--Total 096 $ 1,028,903
103--Department of Agriculture--
Donated Food Fund
(WV Code Chapter 19)
Fund 1446 FY 2004 Org 1400
Unclassified--Total 096 $ 2,200,000
104--Attorney General--
Antitrust Enforcement
(WV Code Chapter 47)
Fund 1507 FY 2004 Org 1500
Personal Services 001 $ 220,551
Annual Increment 004 935
Employee Benefits 010 66,885
Unclassified 099 __________178,285
Total $ 466,656
105--Attorney General--
Preneed Funeral Regulation Fund
(WV Code Chapter 47)
Fund 1513 FY 2004 Org 1500
Unclassified--Total 096 $ 227,284
106--Attorney General--
Preneed Funeral Guarantee Fund
(WV Code Chapter 47)
Fund 1514 FY 2004 Org 1500
Unclassified--Total 096 $ 775,000
107--Secretary of State--
Service Fees and Collection Account
(WV Code Chapters 3, 5 and 59)
Fund 1612 FY 2004 Org 1600
Personal Services 001 $ 968,032
Annual Increment 004 7,450
Employee Benefits 010 234,869
Unclassified 099 __________1,143,662
Total $ 2,354,013
108--Secretary of State--
State Election Fund
(WV Code Chapter 3)
Fund 1614 FY 2004 Org 1600
Unclassified--Total 096 $ 800,000
DEPARTMENT OF ADMINISTRATION
109--Office of the Secretary--
Tobacco Settlement Fund
(WV Code Chapter 4)
Fund 2041 FY 2004 Org 0201
Tobacco Settlement Fund--Transfer 902 $ 28,000,000
The above appropriation for Tobacco Settlement Fund--Transfer
shall be transferred to the Division of Health (fund 5124, org 0506)
for expenditure.
110--Division of Finance--
Public Employees Insurance Reserve Fund
(WV Code Chapter 5A)
Fund 2207 FY 2004 Org 0209
Public Employees Insurance Reserve
Fund--Transfer 903 $ 6,000,000
The above appropriation for Public Employees Insurance Reserve
Fund--Transfer shall be transferred to the Medical Services Trust Fund
(fund 5185, org 0511) for expenditure.
111--Division of Information Services and Communications
(WV Code Chapter 5A)
Fund 2220 FY 2004 Org 0210
Personal Services 001 $ 6,511,072
Annual Increment 004 83,915
Employee Benefits 010 1,846,596
Unclassified 099 __________1,754,727
Total $ 10,196,310
The total amount of this appropriation shall be paid from a
special revenue fund out of collections made by the division of
information services and communications as provided by law.
There is hereby appropriated from this fund, in addition to the
above appropriation, the necessary amount for the expenditure of funds
other than personal services or employee benefits to enable the
division to provide information processing services to user agencies.
These services include, but are not limited to, data processing
equipment, office automation and telecommunications.
Each spending unit operating from the general revenue fund, from
special revenue funds or receiving reimbursement for postage from the federal government shall be charged monthly for all postage meter
service and shall reimburse the revolving fund monthly for all such
amounts.
112--Division of Personnel
(WV Code Chapter 29)
Fund 2440 FY 2004 Org 0222
Personal Services 001 $ 2,586,137
Annual Increment 004 54,850
Employee Benefits 010 822,814
Unclassified 099 __________901,244
Total $ 4,365,045
The total amount of this appropriation shall be paid from a
special revenue fund out of fees collected by the division of
personnel.
113--West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 2521 FY 2004 Org 0228
Unclassified--Total (R) 096 $ 574,113
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 2521, activity 096) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
DEPARTMENT OF EDUCATION
114--State Board of Education--
Strategic Staff Development
(WV Code Chapter 18)
Fund 3937 FY 2004 Org 0402
Unclassified--Total (R) 096 $ 550,000
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 3937, activity 096) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
115--State Department of Education--
School Building Authority
(WV Code Chapter 18)
Fund 3959 FY 2004 Org 0402
Personal Services 001 $ 661,719
Annual Increment 004 6,900
Employee Benefits 010 230,170
Unclassified 099 __________264,549
Total $ 1,163,338
The above appropriation for the administrative expenses of the
school building authority shall be paid from the interest earnings on
debt service reserve accounts maintained on behalf of said authority.
116--State Department of Education--
FFA-FHA Camp and Conference Center
(WV Code Chapter 18)
Fund 3960 FY 2004 Org 0402
Personal Services 001 $ 780,000
Annual Increment 004 11,350
Employee Benefits 010 275,354
Unclassified 099 __________1,033,296
Total $ 2,100,000
DEPARTMENT OF EDUCATION AND THE ARTS
117--Office of the Secretary--
Lottery Education Fund Interest Earnings
Control Account
(WV Code Chapter 29)
Fund 3508 FY 2004 Org 0431
EPSCoR (R) 571 $ 300,000
Research Challenge (R) 502 __________325,000
Total $ 625,000
Any unexpended balances remaining in the appropriations for
Unclassified--Total (fund 3508, activity 096), Research Challenge
(fund 3508, activity 502) and EPSCoR (fund 3508, activity 571) at the
close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
118--Division of Culture and History--
Public Records and Preservation Revenue Fund
(WV Code Chapter 5A)
Fund 3542 FY 2004 Org 0432
Unclassified--Total 096 $ -0-
Unclassified 099 922,227
Project ACCESS 865 __________300,000
Total $ 1,222,227
119--State Board of Rehabilitation--
Division of Rehabilitation Services--
West Virginia Rehabilitation Center
Special Account
(WV Code Chapter 18)
Fund 8664 FY 2004 Org 0932
Unclassified 099 $ 2,802,182
Workshop Development 163 450,000
Workshop-Supported Employment 484 __________50,000
Total $ 3,302,182
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
120--Board of Barbers and Cosmetologists
(WV Code Chapters 16 and 30)
Fund 5425 FY 2004 Org 0505
Personal Services 001 $ 235,246
Annual Increment 004 4,861
Employee Benefits 010 79,353
Unclassified 099 __________124,738
Total $ 444,198
The total amount of this appropriation shall be paid from a
special revenue fund out of collections made by the board of barbers
and cosmetologists as provided by law.
121--West Virginia Board of Medicine
(WV Code Chapter 30)
Fund 5106 FY 2004 Org 0506
Unclassified--Total 096 $ 1,170,080
122--Division of Health--
Tobacco Settlement Expenditure Fund
(WV Code Chapter 4)
Fund 5124 FY 2004 Org 0506
ABCA Tobacco Retailer Education
Program--Transfer 239 $ 200,000
Institutional Facilities
Operations (R) 335 22,149,408
Tobacco Education Program (R) 906 __________5,650,592
Total $ 28,000,000
Any unexpended balances remaining in the above appropriations for
Institutional Facilities Operations (fund 5124, activity 335) and
Tobacco Education Program (fund 5124, activity 906) at the close of
the fiscal year 2003 are hereby reappropriated for expenditure during
the fiscal year 2004.
From the above appropriation for ABCA Tobacco Retailer Education
Program--Transfer, $200,000 shall be transferred to the Alcohol
Beverage Control Administration (fund 7352, org 0708) for expenditure.
The secretary of the department of health and human resources,
prior to the beginning of the fiscal year, shall file with the
legislative auditor and the department of administration an
expenditure schedule for each formerly separate spending unit which
has been consolidated into the above account and which receives a
portion of the above appropriation for Institutional Facilities
Operations. The secretary shall also, within fifteen days after the
close of the six-month period of said fiscal year, file with the
legislative auditor and the department of administration an itemized
report of expenditures made during the preceding six-month period.
Additional funds have been appropriated in fund 0525, fiscal year 2004, organization 0506, and fund 5156, fiscal year 2004, organization
0506, for the operation of the institutional facilities. The
secretary of the department of health and human resources is
authorized to utilize up to ten percent of the funds from the
Institutional Facilities Operations line item to facilitate cost-
effective and cost-saving services at the community level.
From the above appropriation to Institutional Facilities
Operations, together with available funds from the division of health-
-hospital services revenue account (fund 5156, activity 335) and
consolidated medical services fund (fund 0525, activity 335), on July
1, 2003, the sum of $200,000 shall be transferred to the department of
agriculture--land division as advance payment for the purchase of food
products; actual payments for such purchases shall not be required
until such credits have been completely expended.
123--Division of Health--
Vital Statistics
(WV Code Chapter 16)
Fund 5144 FY 2004 Org 0506
Personal Services 001 $ 263,211
Annual Increment 004 8,203
Employee Benefits 010 114,073
Unclassified 099 __________99,950
Total $ 485,437
124--Division of Health--
Hospital Services Revenue Account
(Special Fund)
(Capital Improvement, Renovation and Operations)
(WV Code Chapter 16)
Fund 5156 FY 2004 Org 0506
Debt Service (R) 040 $ 2,420,000
Institutional Facilities
Operations (R) 335 34,591,434
Medical Services Trust Fund--
Transfer (R) 512 __________23,300,000
Total $ 60,311,434
Any unexpended balance remaining in the appropriation for
hospital services revenue account at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004,
except for fund 5156, activity 335 (fiscal years 1998 and 1999) and
fund 5156, activity 040 (fiscal year 2002) which shall expire on June
30, 2003.
The total amount of this appropriation shall be paid from the
hospital services revenue account special fund created by section
fifteen-a, article one, chapter sixteen of the code and shall be used
for operating expenses and for improvements in connection with
existing facilities and bond payments.
The secretary of the department of health and human resources is
authorized to utilize up to ten percent of the funds from the
appropriation for Institutional Facilities Operations line to
facilitate cost-effective and cost-saving services at the community
level.
Necessary funds from the above appropriation may be used for medical facilities operations, either in connection with this account
or in connection with the line item designated Institutional
Facilities Operations in the consolidated medical service fund (fund
0525, fiscal year 2004, org 0506) and the tobacco settlement
expenditure fund (fund 5124, fiscal year 2004, org 0506).
From the above appropriation to Institutional Facilities
Operations, together with available funds from the consolidated
medical services fund (fund 0525, activity 335) and the tobacco
settlement expenditure fund (fund 5124, activity 335), on July 1,
2003, the sum of $200,000 shall be transferred to the department of
agriculture--land division as advance payment for the purchase of food
products; actual payments for such purchases shall not be required
until such credits have been completely expended.
125--Division of Health--
Laboratory Services
(WV Code Chapter 16)
Fund 5163 FY 2004 Org 0506
Personal Services 001 $ 502,830
Annual Increment 004 9,450
Employee Benefits 010 183,491
Unclassified 099 __________217,476
Total $ 913,247
126--Division of Health--
Health Facility Licensing
(WV Code Chapter 16)
Fund 5172 FY 2004 Org 0506
Personal Services 001 $ 201,430
Annual Increment 004 2,800
Employee Benefits 010 43,712
Unclassified 099 __________125,070
Total $ 373,012
127--Division of Health--
Hepatitis B Vaccine
(WV Code Chapter 16)
Fund 5183 FY 2004 Org 0506
Personal Services 001 $ 56,071
Annual Increment 004 1,150
Employee Benefits 010 20,804
Unclassified 099 __________2,996,821
Total $ 3,074,846
128--Division of Health--
Lead Abatement Fund
(WV Code Chapter 16)
Fund 5204 FY 2004 Org 0506
Unclassified--Total 096 $ 20,000
129--Division of Health--
West Virginia Birth-to-Three Fund
(WV Code Chapter 16)
Fund 5214 FY 2004 Org 0506
Personal Services 001 $ 500,000
Annual Increment 004 4,000
Employee Benefits 010 192,276
Unclassified 099 __________20,303,724
Total $ 21,000,000
130--West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 5375 FY 2004 Org 0507
Personal Services 001 $ 1,940,548
Annual Increment 004 -0-
Employee Benefits 010 577,273
Unclassified 099 3,463,470
Hospital Assistance 025 __________500,000
Total $ 6,481,291
The above appropriation is to be expended in accordance with and
pursuant to the provisions of article twenty-nine-b, chapter sixteen
of the code and from the special revolving fund designated health care
cost review fund.
131--Division of Human Services--
Health Care Provider Tax
(WV Code Chapter 11)
Fund 5090 FY 2004 Org 0511
Unclassified--Total 096 $ 143,350,133
From the above appropriation, an amount not to exceed $200,000
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.
132--Division of Human Services--
Child Support Enforcement
(WV Code Chapter 48A)
Fund 5094 FY 2004 Org 0511
Unclassified--Total (R) 096 $ 30,781,971
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 5094, activity 096) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
133--Division of Human Services--
Medical Services Trust Fund
(WV Code Chapter 9)
Fund 5185 FY 2004 Org 0511
Payment to Nonstate Hospitals DPSH 492 $ -0-
Eligibility Expansion 582 1,958,066
State Institutions DPSH Payments 583 -0-
Hospice Services 584 -0-
Public Employees Insurance Reserve
Fund--Transfer 903 6,000,000
Match Drop 585 -0-
Unclassified 099 __________27,877,927
Total $ 35,835,993
The above appropriation to Unclassified shall be used to provide
state match of Medicaid expenditures as defined and authorized in
subsection (c), section two-a, article four-a, chapter nine of the
code. 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.
134--Division of Human Services--
James "Tiger" Morton Catastrophic Illness Fund
(WV Code Chapter 16)
Fund 5454 FY 2004 Org 0511
Unclassified--Total 096 $ 1,700,000
135--Family Protection Services Board--
Domestic Violence Legal Services Fund
(WV Code Chapter 48)
Fund 5455 FY 2004 Org 0511
Unclassified--Total 096 $ 372,245
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
136--Department of Military Affairs and Public Safety--
Office of the Secretary--
Law-Enforcement, Safety and
Emergency Worker Funeral
Expense Payment Fund
(WV Code Chapter 15)
Fund 6003 FY 2004 Org 0601
Unclassified--Total 096 $ 20,000
137--State Armory Board--
General Armory Fund
(WV Code Chapter 15)
Fund 6057 FY 2004 Org 0603
Unclassified--Total 096 $ 675,067
138--West Virginia Division of Corrections--
Parolee Supervision Fees
(WV Code Chapter 62)
Fund 6362 FY 2004 Org 0608
Personal Services 001 $ 116,774
Annual Increment 004 1,651
Employee Benefits 010 52,130
Unclassified 099 __________234,989
Total $ 405,544
139--West Virginia State Police--
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)
Fund 6501 FY 2004 Org 0612
Personal Services 001 $ 1,141,117
Annual Increment 004 3,600
Employee Benefits 010 346,696
Unclassified 099 562,979
BRIM Premium 913 __________190,683
Total $ 2,245,075
The total amount of this appropriation shall be paid from the
special revenue fund out of fees collected for inspection stickers as
provided by law.
140--West Virginia State Police--
Drunk Driving Prevention Fund
(WV Code Chapter 15)
Fund 6513 FY 2004 Org 0612
Unclassified 099 $ 885,531
BRIM Premium 913 __________97,381
Total $ 982,912
The total amount of this appropriation shall be paid from the
special revenue fund out of receipts collected pursuant to sections
nine-a and sixteen, article fifteen, chapter eleven of the code and
paid into a revolving fund account in the state treasury.
141--West Virginia State Police--
Surplus Real Property Proceeds Fund
(WV Code Chapter 15)
Fund 6516 FY 2004 Org 0612
Unclassified 099 $ 469,082
BRIM Premium 913 __________48,687
Total $ 517,769
From the cash balance available the amount of $1,200,000 shall be
transferred to fund 6519, fiscal year 2004, organization 0612, as
reimbursement for funds transferred by legislative action during
fiscal year 2003.
142--West Virginia State Police--
Surplus Transfer Account
(WV Code Chapter 15)
Fund 6519 FY 2004 Org 0612
Unclassified (R) 099 $ 350,000
BRIM Premium 913 ________________34,086
Total $ 384,086
Any unexpended balance remaining in the appropriation for
Unclassified (fund 6519, activity 099) at the close of the fiscal year
2003 is hereby reappropriated for expenditure during the fiscal year
2004, with the exception of fund 6519, fiscal year 2002, activity 099
which shall expire on June 30, 2003.
143--West Virginia State Police--
Central Abuse Registry Fund
(WV Code Chapter 15)
Fund 6527 FY 2004 Org 0612
Unclassified 099 $ 193,884
BRIM Premium 913 __________11,678
Total $ 205,562
144--West Virginia State Police--
Bail Bond Enforcer Fund
(WV Code Chapter 15)
Fund 6532 FY 2004 Org 0612
Unclassified--Total 096 $ 20,000
145--Regional Jail and Correctional
Facility Authority
(WV Code Chapter 31)
Fund 6675 FY 2004 Org 0615
Personal Services 001 $ 1,215,646
Annual Increment 004 14,750
Employee Benefits 010 406,374
Debt Service 040 9,000,000
Unclassified 099 __________672,230
Total $ 11,309,000
The Legislature reasonably expects the West Virginia regional
jail and correctional facility authority to reimburse the West
Virginia state police for the cost of the acquisition of the
approximate 32 acres and three buildings situated along Academy Drive,
Institute, West Virginia, and abutting the West Virginia state police
academy from proceeds of bonds issued by the West Virginia economic
development authority on behalf of the West Virginia regional jail and
correctional facility authority, anticipated to be issued on or about
September 1, 2003. The source of original payment for the land
acquisition was fund 6516, organization 0612, and upon issuance of the
bonds, proceeds thereof not to exceed the amount of such capital
expenditures will be applied to reimbursement of fund 6516,
organization 0612, from the appropriate account(s) or fund(s) from the
West Virginia regional jail and correctional facility authority or its
trustee. The maximum amount of such reimbursement is $1,500,000 and
the maximum principal amount of bonds to be issued for design,
acquisition, construction and equipping of the regional jail and
economic development authority projects is $50,000,000.
146--Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 19A)
Fund 6754 FY 2004 Org 0618
Unclassified--Total 096 $ 466,000
147--Fire Commission--
Fire Marshal Fees
(WV Code Chapter 29)
Fund 6152 FY 2004 Org 0619
Personal Services 001 $ 750,985
Annual Increment 004 7,000
Employee Benefits 010 272,000
Unclassified 099 __________289,950
Total $ 1,319,935
Any unexpended cash balance remaining in fund 6152 at the close
of the fiscal year 2003 is hereby available for expenditure as part of
the fiscal year 2004 appropriation.
148--Division of Criminal Justice Services--
West Virginia Community Corrections Fund
(WV Code Chapter 62)
Fund 6386 FY 2004 Org 0620
Unclassified--Total 096 $ 2,000,000
149--Criminal Justice Services--
Court Security Fund
(Executive Order)
Fund 6804 FY 2004 Org 0620
Unclassified--Total 096 $ 1,000,000
DEPARTMENT OF TAX AND REVENUE
150--Division of Banking
(WV Code Chapter 31A)
Fund 3041 FY 2004 Org 0303
Personal Services 001 $ 1,485,680
Annual Increment 004 13,350
Employee Benefits 010 451,851
Unclassified 099 __________643,683
Total $ 2,594,564
151--Tax Division--
Cemetery Company Account
(WV Code Chapter 35)
Fund 7071 FY 2004 Org 0702
Personal Services 001 $ 17,274
Annual Increment 004 125
Employee Benefits 010 5,384
Unclassified 099 __________10,144
Total $ 32,927
152--Tax Division--
Special Audit and Investigative Unit
(WV Code Chapter 11)
Fund 7073 FY 2004 Org 0702
Personal Services 001 $ 830,304
Annual Increment 004 16,000
Employee Benefits 010 270,407
Unclassified 099 __________362,179
Total $ 1,478,890
153--Insurance Commissioner--
Examination Revolving Fund
(WV Code Chapter 33)
Fund 7150 FY 2004 Org 0704
Personal Services 001 $ 556,330
Annual Increment 004 2,500
Employee Benefits 010 143,220
Unclassified 099 __________487,760
Total $ 1,189,810
154--Insurance Commissioner--
Consumer Advocate
(WV Code Chapter 33)
Fund 7151 FY 2004 Org 0704
Personal Services 001 $ 276,028
Annual Increment 004 2,000
Employee Benefits 010 88,390
Unclassified 099 __________104,153
Total $ 470,571
155--Insurance Commissioner
(WV Code Chapter 33)
Fund 7152 FY 2004 Org 0704
Personal Services 001 $ 2,716,953
Annual Increment 004 35,000
Employee Benefits 010 866,220
Unclassified 099 __________949,834
Total $ 4,568,007
The total amount of this appropriation shall be paid from a
special revenue fund out of collections of fees and charges as
provided by law.
156--Racing Commission--
Relief Fund
(WV Code Chapter 19)
Fund 7300 FY 2004 Org 0707
Medical Expenses--Total 245 $ 57,000
The total amount of this appropriation shall be paid from the
special revenue fund out of collections of license fees and fines as
provided by law.
No expenditures shall be made from this account except for
hospitalization, medical care and/or funeral expenses for persons
contributing to this fund.
157--Racing Commission--
Administration and Promotion
(WV Code Chapter 19)
Fund 7304 FY 2004 Org 0707
Personal Services 001 $ 66,444
Annual Increment 004 1,000
Employee Benefits 010 24,152
Unclassified 099 __________47,358
Total $ 138,954
158--Racing Commission--
General Administration
(WV Code Chapter 19)
Fund 7305 FY 2004 Org 0707
Personal Services 001 $ 1,805,943
Annual Increment 004 20,250
Employee Benefits 010 482,303
Unclassified 099 __________374,550
Total $ 2,683,046
159--Racing Commission--
Administration, Promotion and Education Fund
(WV Code Chapter 19)
Fund 7307 FY 2004 Org 0707
Unclassified--Total 096 $ 65,000
160--Alcohol Beverage Control Administration--
Wine License Special Fund
(WV Code Chapter 60)
Fund 7351 FY 2004 Org 0708
Personal Services 001 $ 224,718
Annual Increment 004 3,200
Employee Benefits 010 78,856
Unclassified 099 __________156,016
Total $ 462,790
To the extent permitted by law, four classified-exempt positions
shall be provided from Personal Services line item for field auditors.
161--Alcohol Beverage Control Administration
(WV Code Chapter 60)
Fund 7352 FY 2004 Org 0708
Personal Services 001 $ 3,585,014
Annual Increment 004 76,000
Employee Benefits 010 1,281,893
Unclassified (R) 099 __________1,918,070
Total $ 6,860,977
Any unexpended balance remaining in Unclassified (fund 7352, activity 099) at the close of the fiscal year 2003 is hereby
reappropriated for expenditure during the fiscal year 2004.
From the above appropriation an amount of $500,000 shall be used
for the Tobacco/Alcohol Education Program. To the extent permitted by
law, classified-exempt positions shall be provided from Personal
Services line item for the educator-inspector positions to be used in
the education and enforcement activities relating to underage tobacco
and alcohol use and sales.
The total amount of this appropriation shall be paid from a
special revenue fund out of liquor revenues.
The above appropriation includes the salary of the commissioner
and the salaries, expenses and equipment of administrative offices,
warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to
the above appropriation, the necessary amount for the purchase of
liquor as provided by law.
DEPARTMENT OF TRANSPORTATION
162--Division of Motor Vehicles--
Driver's License Reinstatement Fund
(WV Code Chapter 17B)
Fund 8213 FY 2004 Org 0802
Personal Services 001 $ 394,810
Annual Increment 004 5,650
Employee Benefits 010 165,707
Unclassified 099 __________277,355
Total $ 843,522
163--Division of Motor Vehicles--
Driver Rehabilitation
(WV Code Chapter 17C)
Fund 8214 FY 2004 Org 0802
Unclassified--Total 096 $ 182,194
164--Division of Motor Vehicles--
Insurance Certificate Fees
(WV Code Chapter 20)
Fund 8215 FY 2004 Org 0802
Personal Services 001 $ 621,000
Annual Increment 004 15,750
Employee Benefits 010 258,546
Unclassified 099 __________48,165
Total $ 943,461
165--Division of Motor Vehicles--
Motorboat Licenses
(WV Code Chapter 20)
Fund 8216 FY 2004 Org 0802
Unclassified--Total 096 $ 247,704
166--Division of Motor Vehicles--
Returned Check Fees
(WV Code Chapter 17)
Fund 8217 FY 2004 Org 0802
Unclassified--Total 096 $ 16,000
167--Division of Motor Vehicles--
Dealer Recovery Fund
(WV Code Chapter 17)
Fund 8220 FY 2004 Org 0802
Unclassified--Total 096 $ 200,000
168--Division of Highways--
A. James Manchin Fund
(WV Code Chapter 17)
Fund 8319 FY 2004 Org 0803
Unclassified--Total 096 $ 3,625,000
BUREAU OF COMMERCE
169--Division of Forestry
(WV Code Chapter 19)
Fund 3081 FY 2004 Org 0305
Personal Services 001 $ 368,845
Annual Increment 004 7,200
Employee Benefits 010 136,784
Unclassified 099 __________262,771
Total $ 775,600
170--Division of Forestry--
Timberland Enforcement Operations
(WV Code Chapter 19)
Fund 3082 FY 2004 Org 0305
Unclassified--Total 096 $ 150,000
171--Division of Forestry--
Severance Tax Operations
(WV Code Chapter 11)
Fund 3084 FY 2004 Org 0305
Unclassified--Total 096 $ 3,722,575
172--Geological and Economic Survey
(WV Code Chapter 29)
Fund 3100 FY 2004 Org 0306
Personal Services 001 $ 42,818
Annual Increment 004 709
Employee Benefits 010 10,873
Unclassified 099 __________173,756
Total $ 228,156
The above appropriation shall be used in accordance with section
four, article two, chapter twenty-nine of the code.
173--West Virginia Development Office--
Energy Assistance
(WV Code Chapter 5B)
Fund 3144 FY 2004 Org 0307
Energy Assistance--Total (R) 647 $ 300,000
Any unexpended balance remaining in the appropriation for Energy
Assistance--Total (fund 3144, activity 647) at the close of the fiscal
year 2003 is hereby reappropriated for expenditure during the fiscal
year 2004.
174--West Virginia Development Office--
Office of Coalfield Community Development
(WV Code Chapter 5B)
Fund 3162 FY 2004 Org 0307
Unclassified--Total (R) 096 $ 478,943
Any unexpended balance remaining in the above appropriation for Unclassified--Total (fund 3162, activity 096) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
175--Division of Labor--
Contractor Licensing Board Fund
(WV Code Chapter 21)
Fund 3187 FY 2004 Org 0308
Personal Services 001 $ 940,540
Annual Increment 004 13,160
Employee Benefits 010 377,410
Unclassified 099 __________560,576
Total $ 1,891,686
176--Division of Labor--
Elevator Safety Act
(WV Code Chapter 21)
Fund 3188 FY 2004 Org 0308
Personal Services 001 $ 162,700
Annual Increment 004 1,813
Employee Benefits 010 65,027
Unclassified 099 __________86,521
Total $ 316,061
177--Division of Labor--
Crane Operator Certification Fund
(WV Code Chapter 21)
Fund 3191 FY 2004 Org 0308
Unclassified--Total 096 $ 115,031
178--Division of Labor--
Amusement Rides/Amusement Attraction Safety Fund
(WV Code Chapter 21)
Fund 3192 FY 2004 Org 0308
Unclassified--Total 096 $ 101,135
179--Division of Natural Resources
(WV Code Chapter 20)
Fund 3200 FY 2004 Org 0310
Personal Services 001 $ -0-
Annual Increment 004 -0-
Employee Benefits 010 -0-
Unclassified 099 -0-
Capital Improvements and Land
Purchase (R) 248 1,260,000
Administration 155 1,656,690
Wildlife Resources 023 6,074,534
Law Enforcement 806 6,074,534
Radio System 024 __________2,000,000
Total $ 17,065,758
The total amount of this appropriation shall be paid from a
special revenue fund out of fees collected by the division of natural
resources.
Any unexpended balance remaining in the appropriation for Capital
Improvements and Land Purchase (fund 3200, activity 248) at the close
of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
180--Division of Natural Resources--
Game, Fish and Aquatic Life Fund
(WV Code Chapter 20)
Fund 3202 FY 2004 Org 0310
Unclassified--Total 096 $ 20,000
181--Division of Natural Resources--
Nongame Fund
(WV Code Chapter 20)
Fund 3203 FY 2004 Org 0310
Personal Services 001 $ 192,000
Annual Increment 004 1,400
Employee Benefits 010 79,324
Unclassified 099 __________88,356
Total $ 361,080
182--Division of Natural Resources--
Planning and Development Division
(WV Code Chapter 20)
Fund 3205 FY 2004 Org 0310
Personal Services 001 $ 234,568
Annual Increment 004 6,400
Employee Benefits 010 98,304
Unclassified 099 __________146,355
Total $ 485,627
183--Division of Natural Resources--
Whitewater Study and Improvement Fund
(WV Code Chapter 20)
Fund 3253 FY 2004 Org 0310
Unclassified--Total 096 $ 185,000
184--Division of Natural Resources--
Recycling Assistance Fund
(WV Code Chapter 20)
Fund 3254 FY 2004 Org 0310
Personal Services 001 $ 226,917
Annual Increment 004 3,200
Employee Benefits 010 99,416
Unclassified (R) 099 __________2,414,467
Total $ 2,744,000
Any unexpended balance remaining in the appropriation for
Unclassified (fund 3254, activity 099) at the close of the fiscal year
2003 is hereby reappropriated for expenditure during the fiscal year
2004.
185--Division of Natural Resources--
Whitewater Advertising and Promotion Fund
(WV Code Chapter 20)
Fund 3256 FY 2004 Org 0310
Unclassified--Total 096 $ 20,000
186--Miners' Health, Safety and Training Fund
(WV Code Chapter 22A)
Fund 3351 FY 2004 Org 0314
Personal Services 001 $ 400,300
Employee Benefits 010 143,750
Unclassified 099 845,950
WV Mining Extension Service 026 __________150,000
Total $ 1,540,000
BUREAU OF EMPLOYMENT PROGRAMS
187--Bureau of Employment Programs--
Workers' Compensation Fund
(WV Code Chapter 23)
Fund 3440 FY 2004 Org 0322
Personal Services 001 $ 29,400,673
Annual Increment 004 443,253
Employee Benefits 010 11,114,158
Unclassified (R) 099 28,301,647
Technology Improvements (R) 599 2,000,000
Employer Excess Liability Fund 226 __________117,197
Total $ 71,376,928
Any unexpended balances remaining in the appropriations for
Unclassified (fund 3440, activity 099) and Technology Improvements
(fund 3440, activity 599) at the close of the fiscal year 2003 are
hereby reappropriated for expenditure during the fiscal year 2004.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
188--Solid Waste Management Board
(WV Code Chapter 20)
Fund 3288 FY 2004 Org 0312
Personal Services 001 $ 631,065
Annual Increment 004 3,700
Employee Benefits 010 190,621
Unclassified 099 __________1,894,662
Total $ 2,720,048
189--Division of Environmental Protection--
Special Reclamation Trust Fund
(WV Code Chapter 22A)
Fund 3321 FY 2004 Org 0313
Personal Services 001 $ 827,610
Annual Increment 004 7,850
Employee Benefits 010 346,868
Unclassified 099 __________17,643,140
Total $ 18,825,468
190--Division of Environmental Protection--
Oil and Gas Reclamation Trust
(WV Code Chapter 22B)
Fund 3322 FY 2004 Org 0313
Unclassified--Total 096 $ 150,000
191--Division of Environmental Protection--
Oil and Gas Operating Permits
(WV Code Chapter 22B)
Fund 3323 FY 2004 Org 0313
Personal Services 001 $ 264,368
Annual Increment 004 3,400
Employee Benefits 010 89,686
Unclassified 099 __________503,448
Total $ 860,902
192--Division of Environmental Protection--
Mining and Reclamation Operations Fund
(WV Code Chapter 22)
Fund 3324 FY 2004 Org 0313
Personal Services 001 $ 5,108,765
Annual Increment 004 53,503
Employee Benefits 010 1,927,506
Unclassified 099 __________3,356,496
Total $ 10,446,270
193--Division of Environmental Protection--
Underground Storage Tanks--
Administrative Fund
(WV Code Chapter 20)
Fund 3325 FY 2004 Org 0313
Personal Services 001 $ 300,313
Annual Increment 004 3,200
Employee Benefits 010 103,371
Unclassified 099 __________124,523
Total $ 531,407
194--Division of Environmental Protection--
Hazardous Waste Emergency and Response Fund
(WV Code Chapter 20)
Fund 3331 FY 2004 Org 0313
Personal Services 001 $ 525,160
Annual Increment 004 6,680
Employee Benefits 010 163,706
Unclassified 099 __________928,550
Total $ 1,624,096
195--Division of Environmental Protection--
Solid Waste Reclamation and
Environmental Response Fund
(WV Code Chapter 20)
Fund 3332 FY 2004 Org 0313
Personal Services 001 $ 238,196
Annual Increment 004 1,900
Employee Benefits 010 73,084
Unclassified 099 __________1,008,156
Total $ 1,321,336
196--Division of Environmental Protection--
Solid Waste Enforcement Fund
(WV Code Chapter 20)
Fund 3333 FY 2004 Org 0313
Personal Services 001 $ 1,608,921
Annual Increment 004 26,850
Employee Benefits 010 545,959
Unclassified 099 __________729,391
Total $ 2,911,121
197--Division of Environmental Protection--
Fees and Operating Expenses
(WV Code Chapter 16)
Fund 3336 FY 2004 Org 0313
Personal Services 001 $ 3,725,624
Annual Increment 004 32,650
Employee Benefits 010 1,169,957
Unclassified 099 __________2,226,479
Total $ 7,154,710
198--Division of Environmental Protection--
Environmental Laboratory
Certification Fund
(WV Code Chapter 22)
Fund 3340 FY 2004 Org 0313
Personal Services 001 $ 133,798
Annual Increment 004 2,050
Employee Benefits 010 50,672
Unclassified 099 __________185,322
Total $ 371,842
199--Division of Environmental Protection--
Stream Restoration Fund
Fund 3349 FY 2004 Org 0313
Unclassified--Total 096 $ 2,000,000
200--Division of Environmental Protection--
Mountaintop Removal Fund
(WV Code Chapter 22)
Fund 3490 FY 2004 Org 0313
Unclassified--Total 096 $ 1,415,856
201--Oil and Gas Conservation Commission
(WV Code Chapter 22)
Fund 3371 FY 2004 Org 0315
Personal Services 001 $ 154,969
Annual Increment 004 1,900
Employee Benefits 010 30,726
Unclassified 099 __________47,362
Total $ 234,957
HIGHER EDUCATION POLICY COMMISSION
202--Health Sciences--
West Virginia University Health Sciences Center
(WV Code Chapters 18 and 18B)
Fund 4179 FY 2004 Org 0463
Unclassified--Total (R) 096 $ 15,359,467
Any unexpended balance remaining in the appropriation for West
Virginia University Health Sciences Center is hereby reappropriated
for expenditure during the fiscal year 2004.
203--Higher Education Policy Commission--
System--
Registration Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4902 FY 2004 Org 0442
Debt Service (R) 040 $ 5,622,243
General Capital Expenditures (R) 306 __________500,000
Total $ 6,122,243
Any unexpended balances remaining in the appropriations are
hereby reappropriated for expenditure during the fiscal year 2004,
with the exception of fund 4902, fiscal year 2000, activity 251; fund
4902, fiscal year 2000, activity 438; and fund 4902, fiscal year 2002, activity 306 ($7,000,000) which shall expire on June 30, 2003.
The total amount of this appropriation shall be paid from the
special capital improvement fund created in section eight, article
ten, chapter eighteen-b of the code. Projects are to be paid on a
cash basis and made available from the date of passage.
The above appropriations, except for debt service, may be
transferred to special revenue funds for capital improvement projects
at the institutions.
204--Higher Education Policy Commission--
System--
Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4903 FY 2004 Org 0442
Debt Service (R) 040 $ 14,965,858
General Capital Expenditures (R) 306 500,000
Facilities Planning and
Administration (R) 386 __________387,975
Total $ 15,853,833
Any unexpended balances remaining in the appropriations are
hereby reappropriated for expenditure during the fiscal year 2004,
with the exception of fund 4903, fiscal year 1999 and fiscal year
2000, activity 040; fund 4903, fiscal year 2000, activity 258; fund
4903, fiscal year 2000, activity 438; fund 4903, fiscal year 1996,
activity 458; and fund 4903, fiscal year 2002, activity 306 ($22,800,000) which shall expire on June 30, 2003.
The total amount of this appropriation shall be paid from the
special capital improvement fund created in article twelve-b, chapter
eighteen of the code. Projects are to be paid on a cash basis and
made available from the date of passage.
The above appropriations, except for debt service, may be
transferred to special revenue funds for capital improvement projects
at the institutions.
205--Higher Education Policy Commission--
1977 State System Registration Fee Refund Revenue Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4905 FY 2004 Org 0442
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
The appropriation shall be paid from available unexpended cash
balances and interest earnings accruing to the fund. The
appropriation shall be expended at the discretion of the higher
education policy commission and the funds may be allocated to any
institution within the system.
The total amount of this appropriation shall be paid from the
unexpended proceeds of revenue bonds previously issued pursuant to
section eight, article ten, chapter eighteen-b of the code, which have
since been refunded.
206--Higher Education Policy Commission--
Tuition Fee Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4906 FY 2004 Org 0442
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
The appropriation shall be paid from available unexpended cash
balances and interest earnings accruing to the fund. The
appropriation shall be expended at the discretion of the Higher
Education Policy Commission and the funds may be allocated to any
institution within the system.
The total amount of this appropriation shall be paid from the
unexpended proceeds of revenue bonds previously issued pursuant to
section eight, article twelve-b, chapter eighteen of the code, which
have since been refunded.
207--Higher Education Policy Commission--
State University System Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4907 FY 2004 Org 0442
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
208--Higher Education Policy Commission--
Fairmont State College
(WV Code Chapters 18 and 18B)
Fund 4457 FY 2004 Org 0484
Capital Improvements--Total (R) 958 $ 235,000
The total amount of this appropriation is from the sale of the
Shaw House and shall be used for the additional purchase of real
property or technology or for capital improvements at Fairmont State
College. The above appropriation shall be available from the date of
passage.
MISCELLANEOUS BOARDS AND COMMISSIONS
209--Hospital Finance Authority
(WV Code Chapter 16)
Fund 5475 FY 2004 Org 0509
Personal Services 001 $ 46,074
Annual Increment 004 650
Employee Benefits 010 15,753
Unclassified 099 __________88,687
Total $ 151,164
The total amount of this appropriation shall be paid from the
special revenue fund out of fees and collections as provided by
article twenty-nine-a, chapter sixteen of the code.
210--Municipal Bond Commission
(WV Code Chapter 13)
Fund 7253 FY 2004 Org 0706
Personal Services 001 $ 161,262
Annual Increment 004 4,100
Employee Benefits 010 58,913
Unclassified 099 __________81,890
Total $ 306,165
211--West Virginia State Board of Examiners
for Licensed Practical Nurses
(WV Code Chapter 30)
Fund 8517 FY 2004 Org 0906
Unclassified--Total 096 $ 348,090
212--West Virginia Board of Examiners
for Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2004 Org 0907
Unclassified--Total 096 $ 882,136
213--Public Service Commission
(WV Code Chapter 24)
Fund 8623 FY 2004 Org 0926
Personal Services 001 $ 7,916,582
Annual Increment 004 130,000
Employee Benefits 010 2,535,487
Unclassified 099 2,449,324
Debt Payment/Capital Outlay 520 350,000
BRIM Premium 913 __________139,752
Total $ 13,521,145
The total amount of this appropriation 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 spend up to
$250,000, from surplus funds in this account, to meet the expected
deficiencies in the motor carrier division account due to passage of
enrolled house bill no. 2715, regular session, 1997.
214--Public Service Commission--
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8624 FY 2004 Org 0926
Personal Services 001 $ 146,426
Annual Increment 004 5,556
Employee Benefits 010 50,587
Unclassified 099 __________87,053
Total $ 289,622
The total amount of this appropriation shall be paid from a
special revenue fund out of receipts collected for or by the public
service commission pursuant to and in the exercise of regulatory
authority over pipeline companies as provided by law.
215--Public Service Commission--
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8625 FY 2004 Org 0926
Personal Services 001 $ 1,582,433
Annual Increment 004 40,000
Employee Benefits 010 548,205
Unclassified 099 __________574,469
Total $ 2,745,107
The total amount of this appropriation shall be paid from a
special revenue fund out of receipts collected for or by the public
service commission pursuant to and in the exercise of regulatory
authority over motor carriers as provided by law.
216--Public Service Commission--
Consumer Advocate
(WV Code Chapter 24)
Fund 8627 FY 2004 Org 0926
Personal Services 001 $ 480,577
Annual Increment 004 5,900
Employee Benefits 010 135,446
Unclassified 099 284,633
BRIM Premium 913 __________2,453
Total $ 909,009
The total amount of this appropriation shall be paid from a
special revenue fund out of collections made by the public service
commission.
217--Real Estate Commission
(WV Code Chapter 30)
Fund 8635 FY 2004 Org 0927
Personal Services 001 $ 360,695
Annual Increment 004 5,900
Employee Benefits 010 115,491
Unclassified 099 __________237,335
Total $ 719,421
The total amount of this appropriation shall be paid out of
collections of license fees as provided by law.
218--West Virginia Board of Examiners
for Speech-Language Pathology and Audiology
(WV Code Chapter 30)
Fund 8646 FY 2004 Org 0930
Unclassified--Total 096 $ 54,945
219--West Virginia Board of Respiratory Care
(WV Code Chapter 30)
Fund 8676 FY 2004 Org 0935
Unclassified--Total 096 $ 115,000
220--West Virginia Board of Licensed Dietitians
(WV Code Chapter 30)
Fund 8680 FY 2004 Org 0936
Unclassified--Total 096 $ 20,000
221--Massage Therapy Licensure Board
(WV Code Chapter 30)
Fund 8671 FY 2004 Org 0938
Unclassified--Total 096 $_________80,000
Total TITLE II, Section 3--
Other Funds $_________674,270,312
_______________Sec. 4. Appropriations from lottery net profits.--Net profits of
the lottery are to be deposited by the director of the lottery to the
following accounts in the amounts indicated. The director of the
lottery shall prorate each deposit of net profits in the proportion
the appropriation for each account bears to the total of the
appropriations for all accounts.
After first satisfying the requirements for fund 2252 and fund
3963 pursuant to section eighteen, article twenty-two, chapter twenty-
nine of the code, the director of the lottery shall make available
from the remaining net profits of the lottery any amounts needed to pay debt service for which the appropriation is made for fund 3167 and
is authorized to transfer any such amounts to fund 3167 for that
purpose. Upon receipt of reimbursement of amounts so transferred, the
director of the lottery shall deposit the reimbursement amounts to the
following accounts as required by this section.
222--Education, Arts, Sciences and Tourism--
Debt Service Fund
(WV Code Chapter 5)
Fund 2252 FY 2004 Org 0211
_______________________________________________________________ Lottery
Activity Funds
Debt Service--Total 310 $ 10,000,000
223--West Virginia Development Office--
Division of Tourism
(WV Code Chapter 5B)
Fund 3067 FY 2004 Org 0304
Tourism--Telemarketing Center 463 $ 90,000
Tourism--Advertising (R) 618 3,597,930
State Parks and Recreation
Advertising (R) 619 684,000
Capitol Complex--Capital Outlay (R) 417 2,000,000
WV Film Development Office 498 102,139
Motor Sports Council 513 90,000
Tourism--Special Projects (R) 859 1,000,000
Tourism--Unclassified (R) 662 __________4,185,765
Total $ 11,749,834
Any unexpended balances remaining in the appropriations for
Tourism--Advertising (fund 3067, activity 618), State Parks and
Recreation Advertising (fund 3067, activity 619), Capitol Complex--
Capital Outlay (fund 3067, activity 417), Tourism--Special Projects
(fund 3067, activity 859), Tourism--Unclassified (fund 3067, activity
662) and Tourism--Unclassified--Lottery Surplus (fund 3067, activity
773) at the close of the fiscal year 2003 are hereby reappropriated
for expenditure during the fiscal year 2004.
224--Division of Natural Resources
(WV Code Chapter 20)
Fund 3267 FY 2004 Org 0310
Unclassified (R) 099 $ 2,437,952
Pricketts Fort State Park 324 108,000
Nongame Wildlife 527 488,938
West Virginia Stream Partners
Program 637 90,000
Gypsy Moth Suppression
Program for State Parks 017 __________50,000
Total $ 3,174,890
Any unexpended balances remaining in the appropriations for
Unclassified (fund 3267, activity 099), State Recreation Area
Improvements (fund 3267, activity 307), Capital Outlay--Parks (fund
3267, activity 288), Flood Reparations (fund 3267, activity 400),
Parks Operations--Unclassified (fund 3267, activity 645), State Parks-
-Special Projects (fund 3267, activity 860), Computerized Lodging
Reservation System (fund 3267, activity 910) and State Parks Repairs, Renovations, Maintenance and Life Safety Repairs (fund 3267, activity
911) at the close of the fiscal year 2003 are hereby reappropriated
for expenditure during the fiscal year 2004.
225--State Department of Education
(WV Code Chapters 18 and 18A)
Fund 3951 FY 2004 Org 0402
Teachers Retirement System 019 $ 6,494,130
Educational Program Allowance 996 250,000
Traditional Student Increased
Enrollment--5 years through
12th grade 997 2,000,000
Safe Schools 143 1,000,000
Computer Basic Skills (R) 145 4,000,000
S.U.C.C.E.S.S. (R) 255 4,000,000
Computer Study 998 100,000
Technology Repair and
Modernization (R) 298 1,000,000
Program Modernization 305 725,000
READS Program 365 300,000
MATH Program 368 300,000
Vocational Education Equipment
Replacement 393 819,750
Assessment Program 396 6,629,697
Employment Programs Rate Relief 401 878,189
Adverse Impact on Counties 968 600,000
Three-Tier Funding 411 1,000,000
Technology and Telecommunications
Initiative (R) 596 807,806
Virtual Schools on the Internet 178 445,668
Teacher Reimbursement 573 150,000
Teacher Relocation 574 50,000
National Science Foundation Match/
WV Science 578 300,000
Statewide Assistance 656 -0-
Educational Enhancements 695 2,427,000
Educational Developments (R) 823 __________1,500,000
Total $ 35,777,240
Any unexpended balances remaining in the appropriations for
Computer Basic Skills (fund 3951, activity 145), S.U.C.C.E.S.S. (fund
3951, activity 255), Technology Repair and Modernization (fund 3951,
activity 298), Computer Basic Skills--Total (fund 3951, activity 567),
Technology and Telecommunications Initiative (fund 3951, activity
596), Technology Demonstration Project (fund 3951, activity 639) and
Educational Development (fund 3951, activity 823) at the close of the
fiscal year 2003 are hereby reappropriated for expenditure during the
fiscal year 2004.
226--State Department of Education--
School Building Authority--
Debt Service Fund
(WV Code Chapter 18)
Fund 3963 FY 2004 Org 0402
Debt Service--Total 310 $ 18,000,000
227--Department of Education and the Arts--
Office of the Secretary
Control Account--
Lottery Education Fund
(WV Code Chapter 5F)
Fund 3508 FY 2004 Org 0431
WVU Center for Excellence
in Disabilities 658 $ 0
Center for Excellence in Disabilities 967 100,000
Special Olympic Games 966 25,000
Commission for National and
Community Service 193 160,050
Technical Prep Program 440 500,000
Arts Programs (R) 500 40,000
Hospitality Training 600 533,500
Energy Express 861 -0-
Teacher Education Partnerships (R) 576 -0-
College Readiness (R) 579 200,000
LATA Access (R) 580 725,000
Neurological Research and Development 634 -0-
Challenger Learning Center 862 60,000
WV Humanities Council 168 __________350,000
Total $ 2,693,550
Any unexpended balances remaining in the appropriations for
Unclassified (fund 3508, activity 099), Arts Programs (fund 3508,
activity 500), Teacher Education Partnerships (fund 3508, activity 576), College Readiness (fund 3508, activity 579), LATA Access (fund
3508, activity 580) and WV2001 Project (fund 3508, activity 836) at
the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
228--Division of Culture and History--
Lottery Education Fund
(WV Code Chapter 29)
Fund 3534 FY 2004 Org 0432
Huntington Symphony 027 $ 75,000
Martin Luther King, Jr.,
Holiday Celebration 031 12,000
Fairs and Festivals 122 2,000,000
Archeological Curation/Capital
Improvements (R) 246 422,715
Historic Preservation Grants (R) 311 449,388
West Virginia Public Theater 312 240,000
Tri-County Fair Association 343 125,000
George Tyler Moore Center for the
Study of the Civil War 397 50,000
Theater Arts of West Virginia 464 350,000
Grants for Competitive Arts
Program (R) 624 810,000
Contemporary American Theater
Festival 811 90,000
Independence Hall (R) 812 50,000
Mountain State Forest Festival 864 50,000
Project ACCESS (R) 865 __________-0-
Total $ 4,724,103
Any unexpended balances remaining in the appropriations for
Archeological Curation/Capital Improvements (fund 3534, activity 246),
Historic Preservation Grants (fund 3534, activity 311), Capital
Outlay, Repairs and Equipment (fund 3534, activity 589), Grants for
Competitive Arts Program (fund 3534, activity 624), Independence Hall
(fund 3534, activity 812) and Project ACCESS (fund 3534, activity 865)
at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
229--Library Commission--
Lottery Education Fund
(WV Code Chapter 10)
Fund 3559 FY 2004 Org 0433
Books and Films 179 $ 150,000
Grants to Public Libraries 182 7,348,884
Libraries--Special Projects 625 990,000
Infomine Network 884 __________900,091
Total $ 9,388,975
230--Educational Broadcasting Authority--
Lottery Education Fund
(WV Code Chapter 10)
Fund 3587 FY 2004 Org 0439
Star Schools 509 $ 242,500
Mountain Stage 249 __________180,000
Total $ 422,500
Any unexpended balance remaining in the above appropriation for
Digital Conversion (fund 3587, activity 247) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
231--Bureau of Senior Services--
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2004 Org 0508
Local Programs Service Delivery Costs 200 $ 2,475,250
In-Home Services for Senior Citizens 224 1,000,000
Nutrition Services for the Elderly 337 1,000,000
Senior Citizen Centers and
Programs (R) 462 3,900,000
Direct Services 481 2,800,000
Transfer to Division of Human Services
for Health Care and Title XIX
Waiver for Senior Citizens 539 13,000,000
Senior Services Medicaid Transfer 871 10,300,000
Legislative Initiatives
for the Elderly 904 3,700,000
Long-Term Care Ombudsmen 905 __________96,000
Total $ 38,271,250
Any unexpended balances remaining in the appropriations for
Senior Citizen Centers and Programs (fund 5405, activity 462) and
Holly Grove Mansion Restoration (fund 5405, activity 685) at the close
of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
The above appropriation for Transfer to Division of Human
Services for Health Care and Title XIX Waiver for Senior Citizens
along with the federal money generated thereby shall be used for
reimbursement for services provided under the program. Further, the
program shall be preserved within the aggregate of these funds.
232--Higher Education Policy Commission--
Lottery Education--
Higher Education Policy Commission--
Control Account
(WV Code Chapters 18B and 18C)
Fund 4925 FY 2004 Org 0441
Unclassified (R) 099 $ 3,000,000
Higher Education Grant Program (R) 164 18,000,000
Tuition Contract Program (R) 165 749,561
Minority Doctoral Fellowship (R) 166 150,000
Underwood--Smith Scholarship
Program--Student Awards (R) 167 150,000
School of Osteopathic Medicine (R) 172 6,618,138
School of Osteopathic Medicine BRIM
Subsidy (R) 403 90,249
Rural Health Initiative--Medical
Schools Support (R) 581 522,923
Vice Chancellor for Health
Sciences--Rural Health Initiative
Program and Site Support (R) 595 868,000
Health Sciences Scholarship (R) 176 148,500
Higher Education--Special
Projects (R) 488 1,901,808
MA Public Health Program and
Health Science Technology (R) 623 65,379
HEAPS Grant Program (R) 867 3,000,000
WV Engineering, Science and
Technology Scholarship Program (R) 868 500,000
Health Sciences Career
Opportunities Program (R) 869 65,898
HSTA Program (R) 870 __________1,017,341
Total $_________36,847,797
Any unexpended balances remaining in the appropriations at the
close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
Included in the appropriation for Higher Education--Special
Projects is $1,400,000 for the WVU--Health Sciences Eastern Rural
Health Initiative and $561,808 for the Fairmont State College E-
Learning Clusters and Services.
Total TITLE II, Section 4--
Lottery Revenue $_________171,050,139
_______________Sec. 5. Appropriations from state excess lottery revenue fund.
--In accordance with section eighteen-a, article twenty two, chapter
twenty-nine of the code, the following appropriations shall be
deposited and disbursed by the director of the lottery to the
following accounts in this section in the amounts indicated.
233--Lottery Commission--
General Purpose Account
Fund 7206 FY 2004 Org 0705
____________________________________________________Activity Funds
Unclassified--Total--Transfer 402 $ 65,000,000
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the General Revenue Fund as
determined by the director of the lottery.
234--Economic Development Authority--
Economic Development Project Fund
Fund 3167 FY 2004 Org 0307
Debt Service--Total 310 $ 19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-
two, chapter twenty-nine of the code, excess lottery revenues are
authorized to be transferred to the lottery fund as reimbursement of
amounts transferred to the economic development project fund pursuant
to section four of this title and subsection (f), section eighteen,
article twenty-two, chapter twenty-nine of the code.
235--Education Improvement Fund
Fund 4295 FY 2004 Org 0441______________________
Unclassified--Total--Transfer (R) 402 $ 17,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by section nine, article seven,
chapter eighteen-c of the code.
236--School Building Authority
Fund 3514 FY 2004 Org 0402_______________________________________________
Unclassified--Total--Transfer (R) 402 $ 20,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the School Building Debt
Service Fund (fund 3515, org 0402) established by section six, article
nine-d, chapter eighteen of the code.
237--West Virginia Infrastructure Council
Fund 3390 FY 2004 Org 0316
Unclassified--Total--Transfer (R) 402 $ 40,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
The above appropriation for Unclassified--Total--
Transfer(activity 402) shall be transferred to the West Virginia
Infrastructure Fund (fund 3384, org 0316) created by section nine,
article fifteen-a, chapter thirty-one of the code.
238--Higher Education Improvement Fund
Fund 4297 FY 2004 Org 0441
Unclassified--Total (R) 096 $ 10,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
239--State Park Improvement Fund
Fund 3277 FY 2004 Org 0310
Unclassified--Total (R) 096 $ 5,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
240--Lottery Commission--
Refundable Credit
Fund 7207 FY 2004 Org 0705
Unclassified--Total--Transfer 402 $ 10,000,000
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the General Revenue Fund to
provide reimbursement for the refundable credit allowable under
section twenty-one, article twenty-two, chapter eleven of the code.
The amount of the required transfer shall be determined solely by the
state tax commissioner and shall be completed by the director of the
lottery upon the commissioner's request.
241--Lottery Commission--
Excess Lottery Revenue Fund Surplus
Fund 7208 FY 2004 Org 0705
Unclassified--Total--Transfer 402 $_________61,800,000
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the General Revenue Fund only
after all funding required by section eighteen-a, article twenty-two, chapter twenty-nine of the code has been satisfied as determined as by
the director of the lottery.
242--Joint Expenses
(WV Code Chapter 4)
Fund 1735 FY 2004 Org 2300
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
The above appropriation for Tax Reduction and Federal Funding
Increased Compliance (TRAFFIC)--Total (fund 0175, activity 620) is
intended for possible general state tax reductions or the offsetting
of any reductions in federal funding for state programs. It is not
intended as a general appropriation for expenditure by the
Legislature.
Total TITLE II, Section 5--
Excess Lottery Funds $_________247,800,000
_______________Sec. 6. Appropriations of federal funds.--In accordance with
article eleven, chapter four of the code, from federal funds there are
hereby appropriated conditionally upon the fulfillment of the
provisions set forth in article two, chapter five-a of the code the
following amounts, as itemized, for expenditure during the fiscal year
2004.
LEGISLATIVE
243--Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 8738 FY 2004 Org 2300
_______________________________________________________________ Federal
Activity Funds
Unclassified--Total 096 $ 1,200,715
EXECUTIVE
244--Governor's Office--
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 8792 FY 2004 Org 0100
Unclassified--Total 096 $ 450,000
245--Governor's Office--
Office of Economic Opportunity
(WV Code Chapter 5)
Fund 8797 FY 2004 Org 0100
Unclassified--Total 096 $ 4,811,976
246--Governor's Office--
Commission for National and Community Service
(WV Code Chapter 5)
Fund 8800 FY 2004 Org 0100
Unclassified--Total 096 $ 5,431,517
247--Auditor's Office--
National White Collar Crime Center
(WV Code Chapter 12)
Fund 8807 FY 2004 Org 1200
Unclassified--Total 096 $ 14,000,942
248--Department of Agriculture
(WV Code Chapter 19)
Fund 8736 FY 2004 Org 1400
Unclassified--Total 096 $ 4,246,459
249--Department of Agriculture--
Meat Inspection
(WV Code Chapter 19)
Fund 8737 FY 2004 Org 1400
Unclassified--Total 096 $ 818,829
250--Department of Agriculture--
State Soil Conservation Committee
(WV Code Chapter 19)
Fund 8783 FY 2004 Org 1400
Unclassified--Total 096 $ 341,174
251--Secretary of State--
(WV Code Chapter 3)
Fund 8854 FY 2004 Org 1600
Unclassified--Total 096 $ 19,500,000
DEPARTMENT OF ADMINISTRATION
252--West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 8834 FY 2004 Org 0228
Unclassified--Total 096 $ 199,468
253--Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 8838 FY 2004 Org 0230
Unclassified--Total 096 $ 33,648,118
DEPARTMENT OF EDUCATION
254--State Department of Education
(WV Code Chapters 18 and 18A)
Fund 8712 FY 2004 Org 0402
Unclassified--Total 096 $ 40,000,000
255--State Department of Education--
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 8713 FY 2004 Org 0402
Unclassified--Total 096 $ 85,000,000
256--State Board of Education--
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 8714 FY 2004 Org 0402
Unclassified--Total 096 $ 21,000,000
257--State Department of Education--
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 8715 FY 2004 Org 0402
Unclassified--Total 096 $ 75,000,000
DEPARTMENT OF EDUCATION AND THE ARTS
258--Department of Education and the Arts--
Office of the Secretary
(WV Code Chapter 5F)
Fund 8841 FY 2004 Org 0431
Unclassified--Total 096 $ 7,402,293
259--Division of Culture and History
(WV Code Chapter 29)
Fund 8718 FY 2004 Org 0432
Unclassified--Total 096 $ 2,065,200
260--Library Commission
(WV Code Chapter 10)
Fund 8720 FY 2004 Org 0433
Unclassified--Total 096 $ 1,932,637
261--Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 8721 FY 2004 Org 0439
Unclassified--Total 096 $ 1,000,000
262--State Board of Rehabilitation--
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 8734 FY 2004 Org 0932
Unclassified--Total 096 $ 46,323,075
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
263--Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 8723 FY 2004 Org 0506
Unclassified--Total 096 $ 7,308,797
264--Division of Health--
Central Office
(WV Code Chapter 16)
Fund 8802 FY 2004 Org 0506
Unclassified--Total 096 $ 63,692,425
265--Division of Health--
West Virginia Safe Drinking Water Treatment
(WV Code Chapter 16)
Fund 8824 FY 2004 Org 0506
Unclassified--Total 096 $ 16,000,000
266--West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 8851 FY 2004 Org 0507
Unclassified--Total 096 $ 450,000
267--Human Rights Commission
(WV Code Chapter 5)
Fund 8725 FY 2004 Org 0510
Unclassified--Total 096 $ 510,467
268--Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 8722 FY 2004 Org 0511
Unclassified--Total 096 $ 1,771,108,058
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
269--Adjutant General--
State Militia
(WV Code Chapter 15)
Fund 8726 FY 2004 Org 0603
Unclassified--Total 096 $ 57,396,445
270--Office of Emergency Services
(WV Code Chapter 15)
Fund 8727 FY 2004 Org 0606
Unclassified--Total 096 $ 8,693,164
271--Division of Corrections
(WV Code Chapters 25, 28, 49 and 62)
Fund 8836 FY 2004 Org 0608
Unclassified--Total 096 $ 650,000
272--West Virginia State Police
(WV Code Chapter 15)
Fund 8741 FY 2004 Org 0612
Unclassified--Total 096 $ 1,070,309
273--Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 9A)
Fund 8728 FY 2004 Org 0618
Unclassified--Total 096 $ 1,203,780
274--Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 8803 FY 2004 Org 0620
Unclassified--Total 096 $ 12,147,834
275--Division of Juvenile Services
(WV Code Chapter 49)
Fund 8855 FY 2004 Org 0621
Unclassified--Total 096 $ 331,000
DEPARTMENT OF TAX AND REVENUE
276--Tax Division
(WV Code Chapter 11)
Fund 7069 FY 2004 Org 0702
Unclassified--Total 096 $ 25,000
DEPARTMENT OF TRANSPORTATION
277--Division of Motor Vehicles
(WV Code Chapter 17B)
Fund 8787 FY 2004 Org 0802
Unclassified--Total 096 $ 9,819,900
278--Division of Public Transit
(WV Code Chapter 17)
Fund 8745 FY 2004 Org 0805
Unclassified--Total 096 $ 11,602,638
279--Public Port Authority
(WV Code Chapter 17)
Fund 8830 FY 2004 Org 0806
Unclassified--Total 096 $ 2,395,000
280--Aeronautics Commission
(WV Code Chapter 29)
Fund 8831 FY 2004 Org 0807
Unclassified--Total 096 $ 196,875
BUREAU OF COMMERCE
281--Division of Forestry
(WV Code Chapter 19)
Fund 8703 FY 2004 Org 0305
Unclassified--Total 096 $ 1,507,485
282--Geological and Economic Survey
(WV Code Chapter 29)
Fund 8704 FY 2004 Org 0306
Unclassified--Total 096 $ 386,000
283--West Virginia Development Office
(WV Code Chapter 5B)
Fund 8705 FY 2004 Org 0307
Unclassified--Total 096 $ 9,595,134
284--Division of Labor
(WV Code Chapters 21 and 47)
Fund 8706 FY 2004 Org 0308
Unclassified--Total 096 $ 540,822
285--Division of Natural Resources
(WV Code Chapter 20)
Fund 8707 FY 2004 Org 0310
Unclassified--Total 096 $ 8,629,568
286--Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 8709 FY 2004 Org 0314
Unclassified--Total 096 $ 590,765
BUREAU OF EMPLOYMENT PROGRAMS
287--Bureau of Employment Programs
(WV Code Chapter 21A)
Fund 8835 FY 2004 Org 0323
Unclassified 099 $ 512,657
Reed Act 2002--Unemployment
Compensation. 622 2,374,000
Reed Act 2002--Employment Services 630 __
________1,371,000
Total $ 4,257,657
Pursuant to the requirements of 42 U. S. C. §1103, Section 903 of
the Social Security Act, as amended, and the provisions of section
nine, article nine, chapter twenty-one-a of the code, the above
appropriation to Unclassified shall be used by the bureau of
employment programs for the specific purpose of administration of the
state's unemployment insurance program or job service activities,
subject to each and every restriction, limitation or obligation
imposed on the use of the funds by those federal and state statutes.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
288--Division of Environmental Protection
(WV Code Chapter 22)
Fund 8708 FY 2004 Org 0313
Unclassified--Total 096 $ 98,015,470
BUREAU OF SENIOR SERVICES
289--Bureau of Senior Services
(WV Code Chapter 29)
Fund 8724 FY 2004 Org 0508
Unclassified--Total 096 $ 14,249,100
MISCELLANEOUS BOARDS AND COMMISSIONS
290--Public Service Commission--
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8743 FY 2004 Org 0926
Unclassified--Total 096 $ 1,514,718
291--Public Service Commission--
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8744 FY 2004 Org 0926
Unclassified--Total 096 $_________270,918
Total TITLE II, Section 6--
Federal Funds $_________2,468,535,879
_______________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 2004.
292--Governor's Office--
Office of Economic Opportunity
Fund 8799 FY 2004 Org 0100
Unclassified--Total 096 $ 12,734,724
293--West Virginia Development Office--
Community Development
Fund 8746 FY 2004 Org 0307
Unclassified--Total 096 $ 28,330,852
294--West Virginia Development Office--
Workforce Investment Act
Fund 8848 FY 2004 Org 0307
Unclassified--Total 096 $ 55,369,286
295--State Department of Education--
Education Grant
Fund 8748 FY 2004 Org 0402
Unclassified--Total 096 $ 130,000,000
296--Division of Health--
Maternal and Child Health
Fund 8750 FY 2004 Org 0506
Unclassified--Total 096 $ 10,878,891
297--Division of Health--
Preventive Health
Fund 8753 FY 2004 Org 0506
Unclassified--Total 096 $ 2,237,034
298--Division of Health--
Substance Abuse Prevention and Treatment
Fund 8793 FY 2004 Org 0506
Unclassified--Total 096 $ 11,557,304
299--Division of Health--
Community Mental Health Services
Fund 8794 FY 2004 Org 0506
Unclassified--Total 096 $ 3,314,733
300--Division of Health--
Abstinence Education Program
Fund 8825 FY 2004 Org 0506
Unclassified--Total 096 $ 976,837
301--Division of Human Services--
Energy Assistance
Fund 8755 FY 2004 Org 0511
Unclassified--Total 096 $ 21,100,942
302--Division of Human Services--
Social Services
Fund 8757 FY 2004 Org 0511
Unclassified--Total 096 $ 15,346,237
303--Division of Human Services--
Temporary Assistance for Needy Families
Fund 8816 FY 2004 Org 0511
Unclassified--Total 096 $ 175,000,000
304--Division of Human Services--
Child Care and Development
Fund 8817 FY 2004 Org 0511
Unclassified--Total 096 $ 38,080,000
305--Division of Criminal Justice Services--
Juvenile Accountability Incentive
Fund 8829 FY 2004 Org 0620
Unclassified--Total 096 $ 1,800,000
306--Division of Criminal Justice Services--
Local Law Enforcement
Fund 8833 FY 2004 Org 0620
Unclassified--Total 096 $_________621,280
Total TITLE II, Section 7--
Federal Block Grants $_________507,348,120
Sec. 8. Awards for claims against the state.--There are hereby
appropriated for the fiscal year 2004, from the fund as designated, in
the amounts as specified, general revenue funds in the amount of
$7,095,097, special revenue fund in the amount of $902,865, state road
funds in the amount of $700,257 and federal funds in the amount of
$4,148 for payment of claims against the state.
The total general revenue funds above do not include payment for claims in the amount of $937.34 from the supreme court--general
judicial, fund 0180, specifically made payable from the appropriation
for the current fiscal year 2003.
Sec. 9. Appropriations from surplus accrued.--The following
items are hereby appropriated from the state fund, general revenue,
and are to be available for expenditure during the fiscal year 2004
out of surplus funds only, accrued from the fiscal year ending the
thirtieth day of June, two thousand three, subject to the terms and
conditions set forth in this section.
It is the intent and mandate of the Legislature that the
following appropriations be payable only from surplus accrued as of
the thirty-first day of July, two thousand three, from the fiscal year
ending the thirtieth day of June, two thousand three.
In the event that surplus revenues available on the thirty-first
day of July, two thousand three, are not sufficient to meet all the
appropriations made pursuant to this section, then the appropriations
shall be made to the extent that surplus funds are available as of the
date mandated and shall be allocated first to provide the necessary
funds to meet the first appropriation of this section; next, to
provide the funds necessary for the second appropriation of this
section.
307--Consolidated Medical Services Fund
(WV Code Chapter 16)
Fund 0525 FY 2004 Org 0506
Institutional Facilities
Operations--Surplus 632 $ -0-
The above appropriation for Institutional Facilities Operations--
Surplus shall be expended only to the extent necessary to offset any
shortfall in the Department of Health and Human Resources--Division of
Health--Tobacco Settlement Expenditure Fund (fund 5124, fiscal year
2004, org 0506) as determined by the secretary of the department of
administration.
308--Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2004 Org 0211
Capitol Complex--Capital Outlay--
Surplus 526 $ -0
-
309--Department of Agriculture
(WV Code Chapter 19)
Fund 0132 FY 2004 Org 1400
Soil Conservation Projects--Surplus 269 $ 500,000
310--Office of Emergency Services
(WV Code Chapter 15)
Fund 0443 FY 2004 Org 0606
Homeland Security Grant Match--Surplus 957 $_
________250,000
Total TITLE II, Section 9--
Surplus Accrued
$_________750,000
Sec. 10. Special revenue appropriations.--There are hereby
appropriated for expenditure during the fiscal year 2004
appropriations made by general law from special revenue which are not
paid into the state fund as general revenue under the provisions of
section two, article two, chapter twelve of the code: Provided, That none of the money so appropriated by this section shall be available
for expenditure except in compliance with and in conformity to the
provisions of articles two and three, chapter twelve of the code and
article two, chapter five-a of the code, with due consideration to the
digest of legislative intent of the budget bill prepared pursuant to
article one, chapter four of the code, unless the spending unit has
filed with the director of the budget and the legislative auditor
prior to the beginning of each fiscal year:
(a) An estimate of the amount and sources of all revenues
accruing to such fund;
(b) A detailed expenditure schedule showing for what purposes the
fund is to be expended.
Sec. 11. State improvement fund appropriations.--Bequests or
donations of nonpublic funds, received by the governor on behalf of
the state during the fiscal year 2004, 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 2004 to be expended as authorized by the governor, for
such studies and recommendations which may encompass any problems of
organization, procedures, systems, functions, powers or duties of a
state spending unit in the executive branch, or the betterment of the
economic, social, educational, health and general welfare of the state
or its citizens.
Sec. 12. Specific funds and collection accounts.--A fund or
collection account which by law is dedicated to a specific use is
hereby appropriated in sufficient amount to meet all lawful demands
upon the fund or collection account and shall be expended according to
the provisions of article three, chapter twelve of the code.
Sec. 13. Appropriations for refunding erroneous payment.--Money
that has been erroneously paid into the state treasury is hereby
appropriated out of the fund into which it was paid, for refund to the
proper person.
When the officer authorized by law to collect money for the state
finds that a sum has been erroneously paid, he or she shall issue his
or her requisition upon the auditor for the refunding of the proper
amount. The auditor shall issue his or her warrant to the treasurer
and the treasurer shall pay the warrant out of the fund into which the
amount was originally paid.
Sec. 14. Sinking fund deficiencies.--There is hereby appropriated
to the governor a sufficient amount to meet any deficiencies that may
arise in the mortgage finance bond insurance fund of the West Virginia
housing development fund which is under the supervision and control of
the municipal bond commission as provided by section twenty-b, article
eighteen, chapter thirty-one of the code or in the funds of the
municipal bond commission because of the failure of any state agency
for either general obligation or revenue bonds or any local taxing
district for general obligation bonds to remit funds necessary for the
payment of interest and sinking fund requirements. The governor is
authorized to transfer from time to time such amounts to the municipal bond commission as may be necessary for these purposes.
The municipal bond commission shall reimburse the state of West
Virginia through the governor from the first remittance collected from
the West Virginia housing development fund or from any state agency or
local taxing district for which the governor advanced funds, with
interest at the rate carried by the bonds for security or payment of
which the advance was made.
Sec. 15. Appropriations for local governments.--There are
hereby appropriated for payment to counties, districts and municipal
corporations such amounts as will be necessary to pay taxes due
counties, districts and municipal corporations and which have been
paid into the treasury:
(a) For redemption of lands;
(b) By public service corporations;
(c) For tax forfeitures.
Sec. 16. Total appropriations.--Where only a total sum is
appropriated to a spending unit, the total sum shall include personal
services, annual increment, employee benefits, current expenses,
repairs and alterations, equipment and capital outlay, where not
otherwise specifically provided and except as otherwise provided in
TITLE I--GENERAL PROVISIONS, Sec. 3.
Sec. 17. General school fund.--The balance of the proceeds of
the general school fund remaining after the payment of the
appropriations made by this act is appropriated for expenditure in
accordance with section sixteen, article nine-a, chapter eighteen of
the code.
TITLE III--ADMINISTRATION.
Section 1. Appropriations conditional.--The expenditure of the
appropriations made by this act, except those appropriations made to
the legislative and judicial branches of the state government, are
conditioned upon the compliance by the spending unit with the
requirements of article two, chapter five-a of the code.
Where spending units or parts of spending units have been
absorbed by or combined with other spending units, it is the intent of
this act that reappropriations shall be to the succeeding or later
spending unit created, unless otherwise indicated.
Sec. 2. Legislative intent.--It is the intent of the Legislature
that the duly appointed members of the conference committee on this
bill may formulate and set forth in a budget digest recommendations
for the expenditure of money appropriated by this bill after its
enactment. It is the further intent of the Legislature that the
recommendations set forth in the budget digest are an expression of
legislative intent, do not have the force and effect of law, and may
not be construed to alter the lawful enactment of this bill.
Sec. 3. Constitutionality.--If any part of this act is declared
unconstitutional by a court of competent jurisdiction, its decision
shall not affect any portion of this act which remains, but the
remaining portion shall be in full force and effect as if the portion
declared unconstitutional had never been a part of the act.
Respectfully submitted,
Harold K. Michael, Chair, John Doyle, Jerry L. Mezzatesta,
Margarette R. Leach, Barbara A. Warner, Mike Hall, Conferees on the part of the House of Delegates.
Walt Helmick, Chair, William R. Sharpe, Jr., Robert H. Plymale,
Roman W. Prezioso, Jr., Sarah M. Minear, Karen L. Facemyer, Conferees
on the part of the Senate.
Senator Helmick, Senate cochair of the committee of conference,
was recognized to explain the report.
Following discussion,
Thereafter, on motion of Senator Helmick, the report was taken up
for immediate consideration and adopted.
The Clerk announced that the following notice of pairs on the
passage of the bill was on his desk:
Senator Bowman--Yea. Senator Snyder--Nay.
Engrossed Committee Substitute for House Bill No. 2050, as
amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Bailey,
Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: Harrison--1.
Absent: None.
Paired: Bowman (For), Snyder (Against)--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 2050) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse,
Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: Harrison--1.
Absent: Bowman and Snyder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 2050) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the reconsideration, amendment and passage
as amended,
by a vote of a majority of all the members elected to the
House of Delegates, as a result of the objections of the Governor, of
Enr. Com. Sub. for Senate Bill No. 178,
Relating to subject
matter jurisdiction in family courts.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the reconsideration, amendment and passage
as amended, to take
effect March 16, 2003,
by a vote of a majority of
all the members elected to the House of Delegates, as a result of the
objections of the Governor, of
Enr. Senate Bill No. 352,
Reenacting jobs act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the reconsideration, amendment and passage as amended, to take effect July 1, 2003, by a vote of a majority of
all the members elected to the House of Delegates, as a result of the
objections of the Governor, of
Enr. Com. Sub. for Senate Bill No. 522,
Authorizing county boards
of education to lease certain school property; eligibility of members.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the reconsideration, amendment and passage
as amended, to take
effect from passage,
by a vote of a majority of
all the members elected to the House of Delegates, as a result of the
objections of the Governor, of
Enr. Senate Bill No. 646, Establishing centers for economic
development and technology advancement at higher education
institutions.