WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
EXTENDED SESSION, 2004
SIXTY-EIGHTH DAY
____________
Charleston, W. Va., Sunday, March 21, 2004
The Senate met at 2 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Steve Harrison, a senator
from the eighth district.
Pending the reading of the Journal of Saturday, March 20,
2004,
On motion of Senator Minear, the Journal was approved and the
further reading thereof dispensed with.
The Senate 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 19th day of March, 2004, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 3096), Authorizing cooperation of
campus police and rangers employed by the Hatfield-McCoy regional
recreation authority with other law-enforcement agencies
.
(Com. Sub. for H. B. No. 4027), Establishing a voluntary
environmental excellence program
.
(Com. Sub. for H. B. No. 4104), Creating the felony crime of
scanning device or reencoder fraud
.
(Com. Sub. for H. B. No. 4143), Creating a West Virginia
center for nursing to establish a statewide strategic plan to
address the nursing shortage in the state and to facilitate
recruitment and retention of nurses
.
(H. B. No. 4157), Continuing the rural health advisory panel
.
(Com. Sub. for H. B. No. 4168), Requiring lenders to have the
funds for mortgage loans available at the appropriate time
.
(Com. Sub. for H. B. No. 4200), Authorizing the department of
military affairs and public safety to promulgate legislative rules
.
(H. B. No. 4248), Continuing the office of environmental
advocate
.
(Com. Sub. for H. B. No. 4299), Modifying the West Virginia
contractor licensing act and updating certain terms
.
(Com. Sub. for H. B. No. 4373), Making it a crime to alter a
traffic-control device with an infrared or electronic device
.
(Com. Sub. for H. B. No. 4491), Relating to mine inspectors
and instructors employed by the office of miners' health, safety
and training
.
(Com. Sub. for H. B. No. 4517), Finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state and directing the auditor to issue warrants for the
payment thereof
.
(H. B. No. 4546), Supplemental appropriation to the department
of health and human resources - family protection services board -
domestic violence legal services fund
.
(H. B. No. 4547), Supplemental appropriation to the bureau of
commerce - division of miners' health, safety and training
.
(H. B. No. 4548), Supplemental appropriation to the department
of transportation - division of motor vehicles - driver's license
reinstatement fund
.
(H. B. No. 4549), Supplemental appropriation to the bureau of
commerce - division of labor - elevator safety act
.
(H. B. No. 4550), Supplemental appropriation to the department
of health and human resources - division of health - central
office
.
(H. B. No. 4551), Supplemental appropriation to the department
of health and human resources - division of human services
.
(H. B. No. 4554), Relating to the rights, privileges and
benefits of substitute service personnel employed to fill vacancies
created by leaves of absence
.
(H. B. No. 4598), Restricting courts from requiring conditions
on the out of home placement of children inconsistent with existing
licensing regulations
.
And,
(Com. Sub. for H. B. No. 4649), Providing for greater efforts
for instate placement of children in the custody of the Department
of Health and Human Services
.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
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 20th day of March, 2004, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 197), Relating generally to distribution of net
terminal income of racetrack video lottery terminals.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice 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 21, 2004
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. 197.
Enrolled Committee Substitute for Senate Bill No. 197 was
introduced at my request in order to reallocate the three percent
distribution of racetrack video lottery net terminal income to
support additional investment in economic development in West
Virginia. Enrolled Committee Substitute for Senate Bill No. 197
was introduced by request of the Executive. While the enrolled
bill allocates those funds to some worthwhile uses, I nevertheless
must veto this legislation because it fails to adequately use these
moneys in transforming West Virginia's economy. Notably, it does
not redirect any moneys to the West Virginia research challenge
grant fund, a program that serves to stimulate research and
development at the state's leading higher education research
institutions. It further fails to provide any moneys for the
purpose of promoting business formation, expansion, recruitment and
retention through aggressive marketing and international
development and export assistance. When taken together, these two
initiatives lead to the creation of high wage jobs for all
geographic regions and communities of the state. Finally, this bill fails to adequately continue funding for the tourism promotion
fund grant-matching program in fiscal year 2005 and possibly in
subsequent years, thus endangering the continued success of that
program. For these reasons, I must veto this bill.
Notwithstanding this action, I urge the Legislature to amend
Enrolled Committee Substitute for Senate Bill No. 197 to conform
with these objections and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
Senator Bailey 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. 197, Relating generally to
distribution of net terminal income of racetrack video lottery
terminals.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Bailey's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 197, the same was put and prevailed.
On motion of Senator Helmick, the following amendments to the
bill were reported by the Clerk and considered simultaneously:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §5A-4-5a and §5A-4-6; that said code be amended by adding thereto a new section,
designated §5B-2-3b; that §5B-2-12 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18B-1B-10; and that §29-22A-10 and §29-22A-10b
of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 4. GENERAL SERVICES DIVISION.
§5A-4-5a. Construction of parking garage for general public;
creation of fund.
(a) It is the intent of the Legislature to provide a parking
facility for the general public and to direct the secretary of the
department of administration to plan and construct a parking garage
at the state capitol complex that will provide sufficient and
additional parking exclusively for the general public.
(b) There is created in the state treasury to be administered
by the department of administration a special fund to be named the
"2004 capitol complex parking garage fund" into which shall be
deposited funds that are appropriated and funds from other sources
to be used for the construction and maintenance of a parking garage
on or adjacent to the state capitol complex.
§5A-4-6. Renovation and improvement of capitol building and capitol
complex.
(a) It is the intent of the Legislature to provide renovation
and improvement of the existing state capitol building and the
capitol complex and to direct the secretary of the department of
administration to plan and make renovations and improvements of the
existing state capitol building and the capitol complex for the purpose of reversing deterioration to existing facilities, securing
the safety of the general public and state employees, promoting
efficiency of governmental operations and enhancing tourism in the
state.
(b) There is created in the state treasury to be administered
by the department of administration a special fund to be named the
"capitol renovation and improvement fund" into which shall be
deposited funds that are appropriated and funds from other sources
to be used for renovations and improvements of the existing state
capitol building and the capitol complex.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-3b. Development office promotion fund.
There is hereby established in the state treasury a special
revenue fund known as the "development office promotion fund".
Moneys deposited in this fund shall be administered by the
development office and used solely to promote business formation,
expansion, recruitment and retention through aggressive marketing
and international development and export assistance, which together
lead to more and better jobs with higher wages for all geographic
regions and communities of the state, including rural areas and
urban core areas, and for all residents, including minorities.
§5B-2-12. Tourism promotion fund continued; use of funds.
There is hereby continued in the state treasury the special
revenue fund known as the "tourism promotion fund" created under
prior enactment of section nine, article one of this chapter.
(a) A minimum of five percent of the moneys deposited in the fund each year shall be used solely for direct advertising for West
Virginia travel and tourism: Provided, That no less than twenty
percent of these funds be expended with the approval of the
director of the division of natural resources to effectively
promote and market the state's parks, state forests, state
recreation areas and wildlife recreational resources. Direct
advertising means advertising which is limited to television,
radio, mailings, newspaper, magazines and outdoor billboards, or
any combination thereof;.
(b) The balance of the moneys deposited in the fund shall be
used for direct advertising within the state's travel regions as
defined by the commission. The funds shall be made available to
these districts beginning the first day of July, one thousand nine
hundred ninety-five, according to legislative rules promulgated
authorized for promulgation by the tourism commission. Provided,
That emergency rules for the distribution of funds for the fiscal
year ending the thirtieth day of June, one thousand nine hundred
ninety-six, are specifically authorized; and
(c) All advertising expenditures over twenty-five thousand
dollars from the tourism promotion fund require prior approval by
recorded vote of the commission. No member of the commission or of
any committee created by the commission to evaluate applications
for advertising or other grants may participate in the discussion
of, or action upon, an application for or an award of any grant in
which the member has a direct financial interest.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-10. Research challenge.
(a) There is established in the state treasury a special
revenue fund known as the "research challenge fund". Moneys
deposited in this fund shall be administered by the higher
education policy commission.
(1) Twenty-five percent of the moneys deposited in this fund
shall be used to fund coal research and development projects at
institutions of higher education located in this state. Research
includes, but is not limited to, carbon sequestration and carbon
technology research and development projects.
(2) The remainder of the moneys deposited in this fund shall
be used to fund other research and development projects at
institutions of higher education in this state.
(b) The policy commission shall use the recommendations of the
EPSCoR state advisory council in its allocation of appropriations
made to the research challenge fund and in its development of
procedures for competitive application and review of proposals for
funding. The research challenge is a critical component in the
state's strategic plan for economic development and the
contribution of higher education in the economic health of the
state and the EPSCoR state advisory council is well qualified, by
virtue of its research-oriented mission and membership, to advise
the policy commission in the allocation of research challenge
funding.
The objectives of the research challenge are to:
(1) Increase the research capacity of institutions of higher
education and the competitiveness of these institutions to apply for external funding;
(2) Stimulate the development of research and research
products that are directly applicable in improving the economic
competitiveness of existing West Virginia industries and the
development of new business and jobs in the state;
(3) Leverage limited state resources with private and federal
funds to support projects and activities directly related to
economic development by requiring matching funds and cooperative
agreements with external partners;
(4) Increase the production of undergraduate and graduate
students of programs in the sciences, technology, engineering and
mathematics, with special attention to emerging disciplines such as
biometrics; and
(5) Hold institutions more accountable for the success of
research projects funded under this program with the expectation
that state support will be phased out and the project or activity
will be terminated if it is unable to generate ongoing external
support.
(c) The priorities for the research challenge shall be:
(1) Research on energy generation, distribution and
utilization that builds on the state's existing energy research
strengths, related research products and technology transfer
programs;
(2) Research, education and outreach conducted by the EPSCoR
program. This federal program is recognized by the national
science foundation as the state's primary entity for developing the
research capacity that is so important to the state's economic and educational development;
(3) Research projects that are related to the economic
development of the state and that have significant potential to
attract participation and funding from industrial, federal or
foundation partners;
(4) Collaborative projects between higher education and public
education to improve science and mathematics education;
(5) Graduate education in science (including medical
education), technology, engineering and mathematics. The allocation
shall be used for the increase in doctoral students and programs at
West Virginia university and Marshall university in these fields;
and
(6) Recruitment of eminent scholars to strengthen research
capacity and competitiveness for external funding.
(d) The policy commission shall report to the legislative
oversight commission on education accountability annually on the
results of the projects and activities funded by the research
challenge appropriation.
(e) The priorities established in subsection (c) of this
section shall be reviewed biannually by the policy commission and
the EPSCoR state advisory council beginning in two thousand six.
The policy commission shall include any recommended adjustments in
its budget request for the two thousand seven budget.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-10. Accounting and reporting; commission to provide
communications protocol data; distribution of net terminal income; remittance through electronic
transfer of funds; establishment of accounts and
nonpayment penalties; commission control of
accounting for net terminal income; settlement of
accounts; manual reporting and payment may be
required; request for reports; examination of
accounts and records.
(a) The commission shall provide to manufacturers, or
applicants applying for a manufacturer's permit, the protocol
documentation data necessary to enable the respective
manufacturer's video lottery terminals to communicate with the
commission's central computer for transmitting auditing program
information and for activation and disabling of video lottery
terminals.
(b) The gross terminal income of a licensed racetrack shall be
remitted to the commission through the electronic transfer of
funds. Licensed racetracks shall furnish to the commission all
information and bank authorizations required to facilitate the
timely transfer of moneys to the commission. Licensed racetracks
must provide the commission thirty days' advance notice of any
proposed account changes in order to assure the uninterrupted
electronic transfer of funds. From the gross terminal income
remitted by the licensee to the commission, the commission shall
deduct an amount sufficient to reimburse the commission for its
actual costs and expenses incurred in administering racetrack video
lottery at the licensed racetrack and the resulting amount after
the deduction is the net terminal income. The amount deducted for administrative costs and expenses of the commission may not exceed
four percent of gross terminal income: Provided, That any amounts
deducted by the commission for its actual costs and expenses that
exceeds its actual costs and expenses shall be deposited into the
state lottery fund. For all fiscal years beginning on or after the
first day of July, two thousand one, the commission shall not
receive an amount of gross terminal income in excess of the amount
of gross terminal income received during the fiscal year ending on
the thirtieth day of June, two thousand one, but four percent of
any amount of gross terminal income received in excess of the
amount of gross terminal income received during the fiscal year
ending on the thirtieth day of June, two thousand one, shall be
deposited into the fund established in section eighteen-a, article
twenty-two of this chapter.
(c) Net terminal income shall be divided as set out in this
subsection. For all fiscal years beginning on or after the first
day of July, two thousand one, any amount of net terminal income
received in excess of the amount of net terminal income received
during the fiscal year ending on the thirtieth day of June, two
thousand one, shall be divided as set out in section ten-b of this
article. The licensed racetrack's share is in lieu of all lottery
agent commissions and is considered to cover all costs and expenses
required to be expended by the licensed racetrack in connection
with video lottery operations. The division shall be made as
follows:
(1) The commission shall receive thirty percent of net
terminal income, which shall be paid into the state lottery fund as provided in section ten-a of this article.;
(2) Fourteen percent of net terminal income at a licensed
racetrack shall be deposited in the special fund established by the
licensee and used for payment of regular purses in addition to
other amounts provided for in article twenty-three, chapter
nineteen of this code;
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income: Provided,
That:
(A) Beginning the first day of July, one thousand nine hundred
ninety-nine, and thereafter, any Any amount in excess of the two
percent received during fiscal year one thousand nine hundred
ninety-nine by a county in which a racetrack is located that has
participated in the West Virginia thoroughbred development fund
since on or before the first day of January, one thousand nine
hundred ninety-nine, shall be divided as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipalities of the county shall receive fifty
percent of the excess amount, the fifty percent to be divided among
the municipalities on a per capita basis as determined by the most
recent decennial United States census of population; and
(B) Beginning the first day of July, one thousand nine hundred
ninety-nine, and thereafter, any Any amount in excess of the two
percent received during fiscal year one thousand nine hundred
ninety-nine by a county in which a racetrack other than a racetrack
described in paragraph (A) of this proviso is located and where the racetrack has been located in a municipality within the county
since on or before the first day of January, one thousand nine
hundred ninety-nine, shall be divided, if applicable, as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipality shall receive fifty percent of the
excess amount; and
(C) This proviso shall not affect the amount to be received
under this subdivision by any county other than a county described
in paragraph (A) or (B) of this subdivision;
(4) One half of one percent of net terminal income shall be
paid for and on behalf of all employees of the licensed racing
association by making a deposit into a special fund to be
established by the racing commission to be used for payment into
the pension plan for all employees of the licensed racing
association;
(5) The West Virginia thoroughbred development fund created
under section thirteen-b, article twenty-three, chapter nineteen of
this code and the West Virginia greyhound breeding development fund
created under section ten of said article shall receive an equal
share of a total of not less than one and one-half percent of the
net terminal income: Provided, That for any racetrack which does
not have a breeder's program supported by the thoroughbred
development fund or the greyhound breeding development fund, the
one and one-half percent provided for in this subdivision shall be
deposited in the special fund established by the licensee and used
for payment of regular purses in addition to other amounts provided for in subdivision (2) of this subsection and article twenty-three,
chapter nineteen of this code;
(6) The West Virginia racing commission shall receive one
percent of the net terminal income which shall be deposited and
used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code;
(7) A licensee shall receive forty-seven percent of net
terminal income;
(8) (A) The tourism promotion fund established in section
twelve, article two, chapter five-b of this code shall receive
three percent of the net terminal income: Provided, That for the
fiscal year beginning the first day of July, two thousand three,
the tourism commission shall transfer from the tourism promotion
fund five million dollars of the three percent of the net terminal
income described in this section and section ten-b of this article
into the fund administered by the West Virginia economic
development authority pursuant to section seven, article fifteen,
chapter thirty-one of this code and ten million dollars into the
capitol renovation and improvement fund administered by the
department of administration pursuant to section six, article four,
chapter five-a of this code; and
_____(B) Notwithstanding any provision of paragraph (A) of this
subdivision to the contrary, for each fiscal year beginning after
the thirtieth day of June, two thousand four, this three percent of
net terminal income and the three percent of net terminal income
described in paragraph (B), subdivision (8), subsection (a),
section ten-b of this article shall be distributed as provided in this paragraph as follows:
_____(i) 1.375 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the tourism promotion fund created under
section twelve, article two, chapter five-b of this code;
_____(ii) 0.375 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the development office promotion fund
created under section three-b, article two, chapter five-b of this
code;
_____(iii) 0.5 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the research challenge fund created under
section ten, article one-b, chapter eighteen-b of this code;
_____(iv) 0.6875 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the capitol renovation and improvement fund
administered by the department of administration pursuant to
section six, article four, chapter five-a of this code; and
_____(v) 0.0625 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the 2004 capitol complex parking garage
fund administered by the department of administration pursuant to
section five-a, article four, chapter five-a of this code; and
(9) The remaining one percent of net terminal income shall be
deposited as follows:
_____(A) The For the fiscal year beginning the first day of July, two thousand three, the veterans memorial program shall receive one
percent of the net terminal income until sufficient moneys have
been received to complete the veterans memorial on the grounds of
the state capitol complex in Charleston, West Virginia. The moneys
shall be deposited in the state treasury in the division of culture
and history special fund created under section three, article one-
i, chapter twenty-nine of this code: Provided, That only after
sufficient moneys have been deposited in the fund to complete the
veterans memorial and to pay in full the annual bonded indebtedness
on the veterans memorial, not more than twenty thousand dollars of
the one percent of net terminal income provided for in this
subdivision shall be deposited into a special revenue fund in the
state treasury, to be known as the "John F. 'Jack' Bennett Fund".
The moneys in this fund shall be expended by the division of
veterans affairs to provide for the placement of markers for the
graves of veterans in perpetual cemeteries in this state. The
division of veterans affairs shall promulgate legislative rules
pursuant to the provisions of article three, chapter twenty-nine-a
of this code specifying the manner in which the funds are spent,
determine the ability of the surviving spouse to pay for the
placement of the marker and setting forth the standards to be used
to determine the priority in which the veterans grave markers will
be placed in the event that there are not sufficient funds to
complete the placement of veterans grave markers in any one year,
or at all. Upon payment in full of the bonded indebtedness on the
veterans memorial, one hundred thousand dollars of the one percent
of net terminal income provided for in this subdivision shall be deposited in the special fund in the division of culture and
history created under section three, article one-i, chapter twenty-
nine of this code and be expended by the division of culture and
history to establish a West Virginia veterans memorial archives
within the cultural center to serve as a repository for the
documents and records pertaining to the veterans memorial, to
restore and maintain the monuments and memorial on the capitol
grounds: Provided, however, That five hundred thousand dollars of
the one percent of net terminal income shall be deposited in the
state treasury in a special fund of the department of
administration, created under section five, article four, chapter
five-a of this code, to be used for construction and maintenance of
a parking garage on the state capitol complex; and Provided
further, That the remainder of the one percent of net terminal
income shall be deposited in equal amounts in the capitol dome and
improvements fund created under section two, article four, chapter
five-a of this code and cultural facilities and capitol resources
matching grant program fund created under section three, article
one of this chapter.
(B) For each fiscal year beginning after the thirtieth day of
June, two thousand four:
_____(i) Five hundred thousand dollars of the one percent of net
terminal income shall be deposited in the state treasury in a
special fund of the department of administration, created under
section five, article four, chapter five-a of this code, to be used
for construction and maintenance of a parking garage on the state
capitol complex; and
_____(ii) The remainder of the one percent of net terminal income
and all of the one percent of net terminal income described in
paragraph (B), subdivision (9), subsection (a), section ten-b of
this article shall be distributed as follows: The net terminal
income shall be deposited in equal amounts into the capitol dome
and capitol improvements fund created under section two, article
four, chapter five-a of this code and the cultural facilities and
capitol resources matching grant program fund created under section
three, article one, chapter twenty-nine of this code until a total
of one million five hundred thousand dollars is deposited into the
cultural facilities and capitol resources matching grant program
fund; thereafter, the remainder shall be deposited into the capitol
dome and capitol improvements fund.
(d) Each licensed racetrack shall maintain in its account an
amount equal to or greater than the gross terminal income from its
operation of video lottery machines, to be electronically
transferred by the commission on dates established by the
commission. Upon a licensed racetrack's failure to maintain this
balance, the commission may disable all of a licensed racetrack's
video lottery terminals until full payment of all amounts due is
made. Interest shall accrue on any unpaid balance at a rate
consistent with the amount charged for state income tax delinquency
under chapter eleven of this code. The interest shall begin to
accrue on the date payment is due to the commission.
(e) The commission's central control computer shall keep
accurate records of all income generated by each video lottery
terminal. The commission shall prepare and mail to the licensed racetrack a statement reflecting the gross terminal income
generated by the licensee's video lottery terminals. Each licensed
racetrack shall report to the commission any discrepancies between
the commission's statement and each terminal's mechanical and
electronic meter readings. The licensed racetrack is solely
responsible for resolving income discrepancies between actual money
collected and the amount shown on the accounting meters or on the
commission's billing statement.
(f) Until an accounting discrepancy is resolved in favor of
the licensed racetrack, the commission may make no credit
adjustments. For any video lottery terminal reflecting a
discrepancy, the licensed racetrack shall submit to the commission
the maintenance log which includes current mechanical meter
readings and the audit ticket which contains electronic meter
readings generated by the terminal's software. If the meter
readings and the commission's records cannot be reconciled, final
disposition of the matter shall be determined by the commission.
Any accounting discrepancies which cannot be otherwise resolved
shall be resolved in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the
electronic transfer of funds is not operational or the commission
notifies licensed racetracks that remittance by this method is
required. The licensed racetracks shall report an amount equal to
the total amount of cash inserted into each video lottery terminal
operated by a licensee, minus the total value of game credits which
are cleared from the video lottery terminal in exchange for winning
redemption tickets, and remit the amount as generated from its terminals during the reporting period. The remittance shall be
sealed in a properly addressed and stamped envelope and deposited
in the United States mail no later than noon on the day when the
payment would otherwise be completed through electronic funds
transfer.
(h) Licensed racetracks may, upon request, receive additional
reports of play transactions for their respective video lottery
terminals and other marketing information not considered
confidential by the commission. The commission may charge a
reasonable fee for the cost of producing and mailing any report
other than the billing statements.
(i) The commission has the right to examine all accounts, bank
accounts, financial statements and records in a licensed
racetrack's possession under its control or in which it has an
interest and the licensed racetrack shall authorize all third
parties in possession or in control of the accounts or records to
allow examination of any of those accounts or records by the
commission.
§29-22A-10b. Distribution of excess net terminal income.
(a) For all years beginning on or after the first day of July,
two thousand one, any Any amount of net terminal income generated
annually by a licensed racetrack in excess of the amount of net
terminal income generated by that licensed racetrack during the
fiscal year ending on the thirtieth day of June, two thousand one,
shall be divided as follows:
(1) The commission shall receive forty-one percent of net
terminal income, which the commission shall deposit in the state excess lottery revenue fund created in section eighteen-a, article
twenty-two of this chapter;
(2) Eight percent of net terminal income at a licensed
racetrack shall be deposited in the special fund established by the
licensee and used for payment of regular purses in addition to
other amounts provided for in article twenty-three, chapter
nineteen of this code;
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income: Provided,
That:
(A) Any amount by which the total amount under this section
and subdivision (3), subsection (c), section ten of this article is
in excess of the two percent received during fiscal year one
thousand nine hundred ninety-nine by a county in which a racetrack
is located that has participated in the West Virginia thoroughbred
development fund since on or before the first day of January, one
thousand nine hundred ninety-nine, shall be divided as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipalities of the county shall receive fifty
percent of the excess amount, the fifty percent to be divided among
the municipalities on a per capita basis as determined by the most
recent decennial United States census of population; and
(B) Any amount by which the total amount under this section
and subdivision (3), subsection (c), section ten of this article is
in excess of the two percent received during fiscal year one
thousand nine hundred ninety-nine by a county in which a racetrack other than a racetrack described in paragraph (A) of this proviso
is located and where the racetrack has been located in a
municipality within the county since on or before the first day of
January, one thousand nine hundred ninety-nine, shall be divided,
if applicable, as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipality shall receive fifty percent of the
excess amount; and
(C) This proviso shall not affect the amount to be received
under this subdivision by any county other than a county described
in paragraph (A) or (B) of this proviso;
(4) One half of one percent of net terminal income shall be
paid for and on behalf of all employees of the licensed racing
association by making a deposit into a special fund to be
established by the racing commission to be used for payment into
the pension plan for all employees of the licensed racing
association;
(5) The West Virginia thoroughbred development fund created
under section thirteen-b, article twenty-three, chapter nineteen of
this code and the West Virginia greyhound breeding development fund
created under section ten, article twenty-three, chapter nineteen
of this code shall receive an equal share of a total of not less
than one and one-half percent of the net terminal income:
Provided, That for any racetrack which does not have a breeder's
program supported by the thoroughbred development fund or the
greyhound breeding development fund, the one and one-half percent provided for in this subdivision shall be deposited in the special
fund established by the licensee and used for payment of regular
purses, in addition to other amounts provided for in subdivision
(2) of this subsection and article twenty-three, chapter nineteen
of this code;
(6) The West Virginia racing commission shall receive one
percent of the net terminal income which shall be deposited and
used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code;
(7) A licensee shall receive forty-two percent of net terminal
income;
(8) The tourism promotion fund established in section twelve,
article two, chapter five-b of this code shall receive three
percent of the net terminal income: Provided, That for each fiscal
year beginning after the thirtieth day of June, two thousand four,
this three percent of net terminal income shall be distributed
pursuant to the provisions of paragraph (B), subdivision (8),
subsection (c), section ten of this article; and
(9) (A) One percent of the net terminal income shall be
deposited in equal amounts in the capitol dome and improvements
fund created under section two, article four, chapter five-a of
this code and cultural facilities and capitol resources matching
grant program fund created under section three, article one of this
chapter; and
_____(B) Notwithstanding any provision of paragraph (A) of this
subdivision to the contrary, for each fiscal year beginning after
the thirtieth day of June, two thousand four, this one percent of net terminal income shall be distributed pursuant to the provisions
of subparagraph (ii), paragraph (B), subdivision (9), subsection
(c), section ten of this article.
(b) The commission may establish orderly and effective
procedures for the collection and distribution of funds under this
section in accordance with the provisions of this section and
section ten of this article.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Enr. Com. Sub. for Senate Bill No. 197--An Act to amend the
code of West Virginia, 1931, as amended, by adding thereto two new
sections, designated §5A-4-5a and §5A-4-6; to amend said code by
adding thereto a new section, designated §5B-2-3b; to amend and
reenact §5B-2-12 of said code; to amend said code by adding thereto
a new section, designated §18B-1B-10; and to amend and reenact §29-
22A-10 and §29-22A-10b of said code, all relating generally to
distribution of net terminal income of racetrack video lottery
terminals and the proceeds thereof for funding purposes; creating
a 2004 capitol complex parking garage fund, a capitol renovation
and improvement fund, a development office promotion fund and a
research challenge fund for specified purposes; transferring funds
from the tourism promotion fund; prohibiting members of the tourism
commission from participating in the discussion of, or action upon,
an application for or an award of any grant from the tourism
promotion fund in which the member has a direct financial interest;
and reallocating certain percentages of net terminal income.
The question being on the adoption of Senator Helmick's
amendments to the bill (Enr. Com. Sub. for S. B. No. 197).
Following discussion,
Senator Ross moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of Senator Helmick's amendments to the bill, the same was
put and prevailed.
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,
Bowman, Caldwell, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross,
Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--30.
The nays were: Rowe, Smith and Weeks--3.
Absent: Chafin--1.
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. 197) passed with its title, as amended, as
a result of the objections of the Governor.
Senator Bailey moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--30.
The nays were: Rowe, Smith and Weeks--3.
Absent: Chafin--1.
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. 197) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 21, 2004
Senate Executive Message No. 6
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "FY 2005 Official
Estimate - General Revenue Fund - Statement of Revenues by Source"
which I submitted to you on January 14, 2004, as part of my
Executive Budget Document for the fiscal year ending June 30, 2005:
General Revenue Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2005
Official
Source of Revenue Estimate
Business and Occupation Tax $ 172,500 1
Consumers Sales Tax 946,400 2
Personal Income Tax 1,101,300 3
Liquor Profit Transfers 9,000
Racing Fees 3,000
Beer Tax and Licenses 8,400
Cigarette Tax 96,000 4
Estate Tax 4,500 5
Business Franchise Fees 1,900
Charter Tax 5,300
Use Tax 93,000
Property Transfer Tax 9,000
Property Tax 4,300
Insurance Tax 96,500
Departmental Collections 15,000
Corporate Income/Business Franchise Tax 173,000 6
Miscellaneous Transfers 300
Interest Income 14,000
Severance Tax 162,000 7
Telecommunication Tax 11,000
Miscellaneous Receipts 2,000
Smokeless Tobacco Tax 4,800 8
HB102 - Lottery Transfers 87,800
Video Lottery Transfers -0-
Liquor License Renewal -0-
Special Revenue Transfer 23,250 9
JOBS/Growth Tax Relief--Transfer -0- 10
Tax Amnesty _10,000
Total $ 3,054,250________11
1
Revised from $ 172,000 to $ 172,500 - Increase of $ 500
2
Revised from 950,900 to 946,400 - Decrease of 4,500
3
Revised from 1,098,000 to 1,101,300 - Increase of 3,300
4
Revised from 126,500 to 96,000 - Decrease of 30,500
5
Revised from 9,600 to 4,500 - Decrease of 5,100
6
Revised from 172,500 to 173,000 - Increase of 500
7
Revised from 156,000 to 162,000 - Increase of 6,000
8
Revised from 11,400 to 4,800 - Decrease of 6,600
9
Revised from 4,250 to 23,250 - Increase of 19,000
10
Revised from 6,624 to -0- - Decrease of 6,624
11
Revised from 3,078,274 to 3,054,250 - Decrease of 24,024
This change is necessary in order to adjust the revenue
estimate downward by $46,100,000 due to the failure of proposed
legislation to amend the tax revenues derived from all-terrain
vehicles, cigarette tax, estate tax and the smokeless tobacco tax.
The amount for Special Revenue Transfer has also been increased by
$19,000,000 due to the passage of Enrolled House Bill No. 4601
which redirects funds from the School Building Authority into the
General Revenue Fund for FY 2005.
The lines for Business and Occupation Tax, Personal Income
Tax, Corporate Net Income Tax/Business Franchise Tax and Severance
Tax have been increased a total of $10,000,000 due to passage of
Enrolled Committee Substitute for House Bill No. 3189 related to capital company tax credits. Other smaller adjustments have been
recognized related to prepaid tuition and mortgage broker sales tax
revisions.
In addition, the amount for the JOBS/Growth Tax Relief--
Transfer was deleted due to those funds being redirected to other
areas.
Thank you for your cooperation in this matter.
Sincerely,
Bob Wise,
Governor.
In compliance with Article VI, Section 51 of the Constitution,
the Senate consented to receive the foregoing amendments to the
Budget Bill, which were referred to the Committee on Finance.
Following a point of inquiry to the President, with resultant
response thereto.
The Senate proceeded to the fifth order of business.
Senator Helmick, from the committee of conference on matters
of disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill No. 133, Budget bill.
Whereupon, Senator Helmick, from the committee of conference
on matters of disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill No. 133, Budget bill.
Submitted the following report which was received:
Your committee of conference of the disagreeing votes of the
two houses as to the amendment of the House to Engrossed Committee
Substitute for Senate Bill No. 133 having met, after full and free
conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to
the amendment of the House, striking out everything after the
enacting clause, and agree to the same as follows:
TITLE I-GENERAL PROVISIONS.
Section 1. General policy.-The purpose of this bill is to
appropriate money necessary for the economical and efficient
discharge of the duties and responsibilities of the state and its
agencies during the fiscal year 2005.
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 2005" shall mean the period from the first
day of July, two thousand four, through the thirtieth day of June,
two thousand five.
"General revenue fund" shall mean the general operating fund
of the state and includes all moneys received or collected by the
state except as provided in section two, article two, chapter
twelve of the code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources
which by legislative enactments are not required to be accounted
for as general revenue, including federal funds.
"From collections" shall mean that part of the total
appropriation which must be collected by the spending unit to be
available for expenditure. If the authorized amount of collections
is not collected, the total appropriation for the spending unit
shall be reduced automatically by the amount of the deficiency in
the collections. If the amount collected exceeds the amount
designated "from collections", the excess shall be set aside in a
special surplus fund and may be expended for the purpose of the
spending unit as provided by article two, chapter five-a of the
code.
Sec. 3. Classification of appropriations.-An appropriation
for:
"Personal services" shall mean salaries, wages and other
compensation paid to full-time, part-time and temporary employees
of the spending unit but shall not include fees or contractual
payments paid to consultants or to independent contractors engaged
by the spending unit.
Unless otherwise specified, appropriations for "personal
services" shall include salaries of heads of spending units.
"Annual increment" shall mean funds appropriated for "eligible
employees" and shall be disbursed only in accordance with article
five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred
to "personal services" or other designated items only as required.
"Employee benefits" shall mean social security matching,
workers' compensation, unemployment compensation, pension and
retirement contributions, public employees insurance matching, personnel fees or any other benefit normally paid by the employer
as a direct cost of employment. Should the appropriation be
insufficient to cover such costs, the remainder of such costs 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 costs, the remainder of such costs shall be
transferred by each spending unit from its "personal services" line
item, its "employee benefits" 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. Awards for claims against the state.
SECTION 9. Appropriations from surplus accrued.
SECTION 10. Special revenue appropriations.
SECTION 11. State improvement fund appropriations.
SECTION 12. Specific funds and collection accounts.
SECTION 13. Appropriations for refunding erroneous payment.
SECTION 14. Sinking fund deficiencies.
SECTION 15. Appropriations for local governments.
SECTION 16. Total appropriations.
SECTION 17. General school fund.
Section 1. Appropriations from general revenue.-From the state
fund, general revenue, there are hereby appropriated conditionally
upon the fulfillment of the provisions set forth in article two,
chapter five-a of the code the following amounts, as itemized, for
expenditure during the fiscal year 2005.
LEGISLATIVE
- -Senate
Fund 0165 FY 2005 Org 2100
_____________________________________________________________General
Revenue
Activity Fund
Compensation of Members (R) 003 $ 1,010,000
Compensation and Per Diem of
Officers and Employees (R) 005 3,003,210
Employee Benefits (R) 010 597,712
Current Expenses and Contingent
Fund (R) 021 700,000
Repairs and Alterations (R) 064 450,000
Computer Supplies (R) 101 40,000
Computer Systems (R) 102 250,000
Printing Blue Book (R) 103 150,000
Expenses of Members (R) 399 700,000
BRIM Premium (R) 913 __________18,877
Total $ 6,919,799
The appropriations for the senate for the fiscal year 2004 are
to remain in full force and effect and are hereby reappropriated to
June 30, 2005. Any balances so reappropriated may be transferred
and credited to the fiscal year 2005 accounts.
Upon the written request of the clerk of the senate, the
auditor shall transfer amounts between items of the total
appropriation in order to protect or increase the efficiency of the
service.
The clerk of the senate, with the approval of the president,
is authorized to draw his or her requisitions upon the auditor,
payable out of the Current Expenses and Contingent Fund of the senate, for any bills for supplies and services that may have been
incurred by the senate and not included in the appropriation bill,
for supplies and services incurred in preparation for the opening,
the conduct of the business and after adjournment of any regular or
extraordinary session, and for the necessary operation of the
senate offices, the requisitions for which are to be accompanied by
bills to be filed with the auditor.
The clerk of the senate, with the written approval of the
president, or the president of the senate shall have authority to
employ such staff personnel during any session of the Legislature
as shall be needed in addition to staff personnel authorized by the
senate resolution adopted during any such session. The clerk of
the senate, with the written approval of the president, or the
president of the senate shall have authority to employ such staff
personnel between sessions of the Legislature as shall be needed,
the compensation of all staff personnel during and between sessions
of the Legislature, notwithstanding any such senate resolution, to
be fixed by the president of the senate. The clerk is hereby
authorized to draw his or her requisitions upon the auditor for the
payment of all such staff personnel for such services, payable out
of the appropriation for Compensation and Per Diem of Officers and
Employees or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the clerk of the
senate shall be paid a monthly salary as provided by the senate
resolution, unless increased between sessions under the authority
of the president, payable out of the appropriation for Compensation
and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
The distribution of the blue book shall be by the office of
the clerk of the senate and shall include seventy-five copies for
each member of the Legislature and two copies for each classified
and approved high school and junior high school and one copy for
each elementary school within the state.
- -House of Delegates
Fund 0170 FY 2005 Org 2200
Compensation of Members (R) 003 $ 2,270,000
Compensation and Per Diem of
Officers and Employees (R) 005 600,000
Current Expenses and Contingent
Fund (R) 021 4,221,162
Expenses of Members (R) 399 1,190,000
BRIM Premium (R) 913 __________20,515
Total $ 8,301,677
The appropriations for the house of delegates for the fiscal
year 2004 are to remain in full force and effect and are hereby
reappropriated to June 30, 2005. Any balances so reappropriated
may be transferred and credited to the fiscal year 2005 accounts.
Upon the written request of the clerk of the house of
delegates, the auditor shall transfer amounts between items of the
total appropriation in order to protect or increase the efficiency
of the service.
The clerk of the house of delegates, with the approval of the speaker, is authorized to draw his or her requisitions upon the
auditor, payable out of the Current Expenses and Contingent Fund of
the house of delegates, for any bills for supplies and services
that may have been incurred by the house of delegates and not
included in the appropriation bill, for bills for services and
supplies incurred in preparation for the opening of the session and
after adjournment, and for the necessary operation of the house of
delegates' offices, the requisitions for which are to be
accompanied by bills to be filed with the auditor.
The speaker of the house of delegates, upon approval of the
house committee on rules, shall have authority to employ such staff
personnel during and between sessions of the Legislature as shall
be needed, in addition to personnel designated in the house
resolution, and the compensation of all personnel shall be as fixed
in such house resolution for the session, or fixed by the speaker,
with the approval of the house committee on rules, during and
between sessions of the Legislature, notwithstanding such house
resolution. The clerk of the house is hereby authorized to draw
requisitions upon the auditor for such services, payable out of the
appropriation for the Compensation and Per Diem of Officers and
Employees or Current Expenses and Contingent Fund of the house of
delegates.
For duties imposed by law and by the house of delegates,
including salary allowed by law as keeper of the rolls, the clerk
of the house of delegates shall be paid a monthly salary as
provided in the house resolution, unless increased between sessions
under the authority of the speaker, with the approval of the house committee on rules, and payable out of the appropriation for
Compensation and Per Diem of Officers and Employees or Current
Expenses and Contingent Fund of the house of delegates.
- -Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2005 Org 2300
Joint Committee on Government
and Finance (R) 104 $ 6,317,298
Legislative Printing (R) 105 940,000
Legislative Rule-Making Review
Committee (R) 106 226,050
Legislative Computer System (R) 107 1,138,121
Joint Standing Committee on
Education (R) 108 74,500
Tax Reduction and Federal
Funding Increased Compliance
(TRAFFIC) (R) 642 9,400,000
BRIM Premium (R) 913 __________14,220
Total $ 18,110,189
The appropriations for the joint expenses for the fiscal year
2004 are to remain in full force and effect and are hereby
reappropriated to June 30, 2005. Any balances so reappropriated
may be transferred and credited to the fiscal year 2005 accounts.
Upon the written request of the clerk of the senate, with the
approval of the president of the senate, and the clerk of the house of delegates, with the approval of the speaker of the house of
delegates, and a copy to the legislative auditor, the auditor shall
transfer amounts between items of the total appropriation in order
to protect or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding
Increased Compliance (TRAFFIC) (fund 0175, activity 642) is
intended for possible general state tax reductions or the
offsetting of any reductions in federal funding for state programs.
JUDICIAL
- -Supreme Court-
General Judicial
Fund 0180 FY 2005 Org 2400
Personal Services (R) 001 $ 46,784,820
Annual Increment (R) 004 475,000
Employee Benefits (R) 010 15,712,329
Unclassified (R)
099 6,377,846
Judges' Retirement System (R) 110 6,758,174
BRIM Premium (R) 913 __________294,341
Total $ 76,402,510
The appropriations to the supreme court of appeals for the
fiscal years 2002, 2003 and 2004 are to remain in full force and
effect and are hereby reappropriated to June 30, 2005. Any
balances so reappropriated may be transferred and credited to the
fiscal year 2005 accounts.
This appropriation shall be administered by the administrative director of the supreme court of appeals, who shall draw
requisitions for warrants in payment in the form of payrolls,
making deductions therefrom as required by law for taxes and other
items.
The appropriation for the Judges' Retirement System is to be
transferred to the consolidated public retirement board, in
accordance with the law relating thereto, upon requisition of the
administrative director of the supreme court of appeals.
EXECUTIVE
- -Governor's Office
(WV Code Chapter 5)
Fund 0101 FY 2005 Org 0100
Personal Services 001 $ 2,245,000
Salary of Governor 002 95,000
Annual Increment 004 17,745
Employee Benefits 010 699,040
Unclassified (R) 099 830,386
Jobs for American Graduates 089 -0-
National Governors' Association 123 77,500
Southern States Energy Board 124 5,740
Publication of Papers and
Transition Expenses
(R) 465 -0-
BRIM Premium 913 __________267,409
Total $ 4,237,820
Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, activity 099), Publication of Papers and
Transition Expenses (fund 0101, activity 465), Publication of
Papers and Transition Expenses--Surplus (fund 0101, activity 359)
and Southern Governors' Association--Surplus (fund 0101, activity
962) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2005.
- -Governor's Office-
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2005 Org 0100
Unclassified-Total 096 $ 424,974
To be used for current general expenses, including
compensation of employees, household maintenance, cost of official
functions and additional household expenses occasioned by such
official functions.
- -Governor's Office-
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 0104 FY 2005 Org 0100
Personal Services 010 $ 178,288
Annual Increment 004 2,050
Employee Benefits 010 45,065
Unclassified 099 55,757
Family Resource Networks (R) 274 1,205,935
Early Parenting Education 559 285,000
Starting Points Centers and
Parent Education Services (R) 316 __________-0-
Total $ 1,772,095
Any unexpended balances remaining in the appropriations for
Family Resource Networks (fund 0104, activity 274), Starting Points
Centers and Parent Education Services (fund 0104, activity 316) and
Educare (fund 0104, activity 895) at the close of the fiscal year 2004
are hereby reappropriated for expenditure during the fiscal year 2005,
with the exception of fund 0104, fiscal year 2004, activity 274
($38,899) and fund 0104, fiscal year 2004, activity 316 ($38,899)
which shall expire on June 30, 2004.
- -Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund 0105 FY 2005 Org 0100
Business and Economic Development
Stimulus (R) 586 $ -0-
Civil Contingent Fund--Total (R) 114 __________9,100,000
Total $ -0-
Any unexpended balances remaining in the appropriations for Civil
Contingent Fund-Total (fund 0105, activity 114), Civil Contingent
Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund (fund 0105, activity 614) and Business and Economic Development
Stimulus (fund 0105, activity 586) at the close of the fiscal year
2004 are hereby reappropriated for expenditure during the fiscal year
2005.
From this appropriation there may be expended, at the discretion
of the governor, an amount not to exceed $1,000 as West Virginia's
contribution to the interstate oil compact commission.
The above appropriation is intended to provide contingency
funding for accidental, unanticipated, emergency or unplanned events
which may occur during the fiscal year and is not to be expended for
the normal day-to-day operations of the governor's office.
- -Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2005 Org 1200
Personal Services 001 $ 2,087,640
Salary of Auditor 002 75,000
Annual Increment 004 37,265
Employee Benefits 010 662,576
Unclassified 099 703,936
BRIM Premium 913 __________13,374
_______________Total $ 3,579,791
- -Treasurer's Office
(WV Code Chapter 12)
Fund 0126 FY 2005 Org 1300
Personal Services 001 $ 1,667,893
Salary of Treasurer 002 75,000
Annual Increment 004 20,563
Employee Benefits 010 534,401
Unclassified (R) 099 942,889
Abandoned Property Program 118 283,029
Tuition Trust Fund (R) 692 148,549
BRIM Premium 913 __________32,909
Total $ 3,705,233
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0126, activity 099) and Tuition Trust Fund (fund
0126, activity 692) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005, with the
exception of fund 0126, fiscal year 2004, activity 009 ($42,549) which
shall expire on June 30, 2004.
- -Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2005 Org 1400
Personal Services 001 $ 3,596,423
Salary of Commissioner 002 75,000
Annual Increment 004 77,138
Employee Benefits 010 1,307,831
State Farm Museum 055 110,000
General John McCausland Memorial
Farm 095 -0-
Unclassified (R) 099 788,483
Gypsy Moth Program (R). 119 945,905
Huntington Farmers Market 128 50,000
Black Fly Control (R) 137 428,606
Donated Foods Program 363 50,000
Predator Control 470 140,000
Bee Research 691 32,421
Microbiology Program (R) 785 152,905
Moorefield Agriculture
Center (R) 786 995,883
BRIM Premium 913 114,505
WV Food Banks 969 100,000
Animal Identification Program 039 200,000
Seniors' Farmers' Market
Nutrition Coupon Program 970 __________60,000
_______________Total $ 9,225,100
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0131, activity 099), Gypsy Moth Program (fund 0131,
activity 119), Black Fly Control (fund 0131, activity 137), Charleston
Farmers Market (fund 0131, activity 476), Capital Improvements-Total--
Surplus (fund 0131, activity 672), Microbiology Program (fund 0131,
activity 785) and Moorefield Agriculture Center (fund 0131, activity
786) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2005, with the exception of fund 0131, fiscal year 2004, activity 119 ($63,473), fund 0131, fiscal
year 2004, activity 137 ($55,000) and fund 0131, fiscal year 2004,
activity 786 ($49,706) which shall expire on June 30, 2004.
A portion of the Unclassified appropriation may be transferred to
a special revenue fund for the purpose of matching federal funds for
marketing and development activities.
- -West Virginia Conservation Agency
(WV Code Chapter 19)
Fund 0132 FY 2005 Org 1400
Personal Services 001 $ 464,113
Annual Increment 004 8,150
Employee Benefits 010 175,037
Unclassified (R) 099 331,252
Soil Conservation Projects (R) 120 2,688,089
Maintenance of Flood
Control Projects (R) 522 2,170,438
BRIM Premium 913 __________5,090
Total $ 5,842,169
Any unexpended balances remaining in the appropriations for Soil
Conservation Projects (fund 0132, activity 120), Soil Conservation
Projects-Surplus (fund 0132, activity 269), Maintenance of Flood
Control Projects (fund 0132, activity 522) and Unclassified (fund
0132, activity 099) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005, with the
exception of fund 0132, fiscal year 2004, activity 120 ($157,964) which shall expire on June 30, 2004.
- -Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 0135 FY 2005 Org 1400
Unclassified--Total 096 $ 617,112
Any part or all of this appropriation may be transferred to a
special revenue fund for the purpose of matching federal funds for the
above-named program.
- -Department of Agriculture-
Agricultural Awards
(WV Code Chapter 19)
Fund 0136 FY 2005 Org 1400
Commissioner's Awards and
Programs 737 $ 43,650
Programs and Awards for
4-H Clubs and FFA/FHA 577______
________15,000
Total $ 58,650
- -Attorney General
(WV Code Chapters 5, 14, 46A and 47)
Fund 0150 FY 2005 Org 1500
Personal Services (R) 001 $ 1,907,267
Salary of Attorney General 002 80,000
Annual Increment 004 46,284
Employee Benefits (R) 010 738,947
Unclassified (R) 099 316,716
Better Government Bureau 740 295,054
BRIM Premium 913 __________131,565
Total $ 3,515,833
Any unexpended balances remaining in the above appropriations for
Personal Services (fund 0150, activity 001), Employee Benefits (fund
0150, activity 010) and Unclassified (fund 0150, activity 099) at the
close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005, with the exception of fund
0150, fiscal year 2004, activity 001 ($107,746) which shall expire on
June 30, 2004.
When legal counsel or secretarial help is appointed by the
attorney general for any state spending unit, this account shall be
reimbursed from such spending 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.
- -Secretary of State
(WV Code Chapters 3, 5 and 59)
Fund 0155 FY 2005 Org 1600
Personal Services 001 $ 607,425
Salary of Secretary of State 002 70,000
Annual Increment 004 10,900
Employee Benefits 010 226,267
Unclassified (R) 099 124,858
BRIM Premium 913 __________43,724
Total $ 1,083,174
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0155, activity 099) and Administrative Law Division
Improvements (fund 0155, activity 880) at the close of the fiscal year
2004 are hereby reappropriated for expenditure during the fiscal year
2005, with the exception of fund 0155, fiscal year 2004, activity 099
($31,927) which shall expire on June 30, 2004.
- -State Election Commission
(WV Code Chapter 3)
Fund 0160 FY 2005 Org 1601
Unclassified-Total 096 $ 10,275
DEPARTMENT OF ADMINISTRATION
- -Department of Administration-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2005 Org 0201
Unclassified 099 $ 271,097
Lease Rental Payments 516 11,463,103
Pay Equity Reserve 364 250,000
BRIM Premium 913 __________14,073
Total $ 11,998,273
The appropriation for Lease Rental Payments shall be disbursed as
provided by section six-b, article fifteen, chapter thirty-one of the
code.
- -Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2005 Org 0205
The division of highways, division of motor vehicles, bureau of
employment programs, public service commission and other departments,
bureaus, divisions or commissions operating from special revenue funds
and/or federal funds shall pay their proportionate share of the
retirement costs for their respective divisions. When specific
appropriations are not made, such payments may be made from the
balances in the various special revenue funds in excess of specific
appropriations.
- -Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2005 Org 0209
Personal Services 001 $ 102,940
Annual Increment 004 713
Employee Benefits 010 27,936
Unclassified 099 140,823
GAAP Project (R) 125 995,934
BRIM Premium 913 __________70,609
Total $ 1,338,955
Any unexpended balance remaining in the appropriation for GAAP
Project (fund 0203, activity 125) at the close of the fiscal year 2004
is hereby reappropriated for expenditure during the fiscal year 2005.
- -Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2005 Org 0211
Personal Services 001 $ 582,902
Annual Increment 004 14,000
Employee Benefits 010 237,351
Unclassified 099 527,649
Fire Service Fee 126 14,000
Capitol Complex--Capital Outlay 417 -0-
BRIM Premium 913 __________98,759
Total $ 1,474,661
- --Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2005 Org 0213
Personal Services 001 $ 620,344
Annual Increment 004 10,928
Employee Benefits 010 196,554
Unclassified 099 8,247
BRIM Premium 913 __________3,594
Total $ 839,667
The division of highways shall reimburse the Unclassified
appropriation (fund 2031, activity 099) within the division of
purchasing for all actual expenses incurred pursuant to the provisions
of section thirteen, article two-a, chapter seventeen of the code.
- --Commission on Uniform State Laws
(WV Code Chapter 29)
Fund 0214 FY 2005 Org 0217
Unclassified--Total 096 $ 31,000
To pay expenses for members of the commission on uniform state
laws.
- --Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund 0217 FY 2005 Org 0218
Retro Payments--Total 652 $ 2,000,000
These funds may be transferred to a special account for the
payment of premiums, self-insurance losses, loss adjustment expenses
and loss prevention engineering fees and may be transferred to a
special account for disbursement for payment of premiums and insurance
losses.
- --Education and State Employees' Grievance
Board
(WV Code Chapter 18)
Fund 0220 FY 2005 Org 0219
Personal Services 001 $ 624,084
Annual Increment 004 8,775
Employee Benefits 010 166,359
Unclassified 099 137,334
BRIM Premium 913 __________2,116
Total $ 938,668
- --Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2005 Org 0220
Personal Services 001 $ 219,694
Annual Increment 004 1,900
Employee Benefits 010 64,402
Unclassified 099 1,968
BRIM Premium 913 __________3,735
Total $ 291,699
- --Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2005 Org 0221
Personal Services 001 $ 548,011
Annual Increment 004 5,275
Employee Benefits 010 192,885
Unclassified 099 315,074
Appointed Counsel Fees and
Public Defender Corporations 127 -0-
Appointed Counsel Fees
788 9,795,756
Public Defender Corporations 352 12,773,436
Appointed Counsel--Public
Defender Conflicts 568 3,265,252
BRIM Premium 913 __________47,190
Total $ 26,942,879
Any unexpended balances remaining in the above appropriations for
Public Defender Corporations (fund 0226, activity 352) and Appointed Counsel Fees (fund 0226, activity 788) at the close of the fiscal year
2004 are hereby reappropriated for expenditure during the fiscal year
2005.
- --Committee for the Purchase of
Commodities and Services from the Handicapped
(WV Code Chapter 5A)
Fund 0233 FY 2005 Org 0224
Unclassified--Total 096 $ 5,046
- --Public Employees Insurance Agency
(WV Code Chapter 5)
Fund 0200 FY 2005 Org 0225
The division of highways, division of motor vehicles, bureau of
employment programs, public service commission and other departments,
bureaus, divisions or commissions operating from special revenue funds
and/or federal funds shall pay their proportionate share of the public
employees health insurance cost for their respective divisions.
- --West Virginia Prosecuting Attorneys
Institute
Fund 0557 FY 2005 Org 0228
Forensic Medical Examinations (R) 683 $ 100,000
Federal Funds/Grant Match (R) 749 __________88,000
Total $ 188,000
Any unexpended balances remaining in the appropriations for
Forensic Medical Examinations (fund 0557, activity 683) and Federal
Funds/Grant Match (fund 0557, activity 749) at the close of the fiscal
year 2004 are hereby reappropriated for expenditure during the fiscal
year 2005, with the exception of fund 0557, fiscal year 2004, activity
683 ($8,204) which shall expire on June 30, 2004.
- --Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 0588 FY 2005 Org 0230
Unclassified--Total (R) 096 $ 7,122,654
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 0588, activity 096) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
DEPARTMENT OF EDUCATION
- --State Department of Education--
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2005 Org 0402
Personal Services 001 $ 214,437
Annual Increment 004 3,594
Employee Benefits 010 77,799
Unclassified 099 __________1,660,000
Total $ 1,955,830
- --State FFA-FHA Camp and
Conference Center
(WV Code Chapters 18 and 18A)
Fund 0306 FY 2005 Org 0402
Personal Services 001 $ 557,252
Annual Increment 004 12,350
Employee Benefits 010 226,888
Unclassified 099 141,864
BRIM Premium 913 __________41,436
Total $ 979,790
- --State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2005 Org 0402
Personal Services 001 $ 2,805,924
Annual Increment 004 37,695
Employee Benefits 010 892,172
Unclassified (R) 099 3,800,000
WV Education Information System
(WVEIS) 138 -0-
34/1000 Waiver 139 400,000
Traditional Student Increased
Enrollment 5yr--12th grade 997 2,600,000
Collaborative Resource Allocation 041 3,631,694
Safe Schools 143 2,000,000
Educational Achievement Incentive 042 5,208,396
Teacher Mentor (R) 158 400,000
National Teacher Certification (R) 161 50,000
HVAC Technicians 355 315,493
Early Retirement Notification
Incentive 366 150,000
FBI Checks 372 97,985
Foreign Student Education (R) 636 80,113
Bridges Program 394 150,000
State Teacher of the Year 640 38,499
Principals Mentorship 649 50,000
Allowance for Work-Based Learning 744 120,000
Marshall University Graduate
College Writing Project 807 25,000
Regional Education Service Agencies 972 4,400,000
Sparse Population Allocation 973 625,000
BRIM Premium 913 __________328,295
Total $ 28,206,266
The above appropriation includes the state board of education and
their executive office.
Any unexpended balances remaining in the appropriations for Unclassified (fund 0313, activity 099), S.U.C.C.E.S.S.-Surplus (fund
0313, activity 964), Computer Basic Skills-Surplus (fund 0313,
activity 965), Teacher Mentor (fund 0313, activity 158), National
Teacher Certification (fund 0313, activity 161) and Foreign Student
Education (fund 0313, activity 636) at the close of the fiscal year
2004 are hereby reappropriated for expenditure during the fiscal year
2005.
- --State Department of Education--
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2005 Org 0402
Special Education--Counties 159 $ 7,271,757
Special Education--Institutions 160 3,217,483
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers 302 581,478
Education of Institutionalized
Juveniles and Adults 472 11,503,434
Potomac Center 810 -0-
Educational Programs at Beckley
and Burlington Centers 975 __________-0-
Total $ 22,574,152
Any unexpended balance remaining in the appropriation for
Unclassified--Surplus (fund 0314, activity 097) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005.
From the above appropriations, the superintendent shall have
authority to expend funds for the costs of special education for those
children residing in out-of-state placements.
- --State Department of Education--
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2005 Org 0402
Other Current Expenses 022 $ 125,826,312
Professional Educators 151 731,600,242
Service Personnel 152 243,025,520
Fixed Charges 153 88,788,405
Transportation 154 25,787,620
Administration 155 3,023,492
Improve Instructional Programs 156 __________33,000,000
Basic Foundation Allowances 1,251,051,591
Less Local Share __________(305,560,152)
Total Basic State Aid 945,491,439
Early Childhood Collaborative 018 34,760,421
Public Employees Insurance
Matching 012 177,271,016
Teachers Retirement System 019 345,376,678
School Building Authority 453 __________21,561,365
Total $ 1,524,460,919
- --State Board of Education--
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2005 Org 0402
Personal Services 001 $ 902,344
Annual Increment 004 16,099
Employee Benefits 010 307,091
Unclassified 099 1,110,000
Wood Products--Forestry Vocational
Program 146 56,220
Albert Yanni Vocational Program 147 124,263
Vocational Aid 148 14,404,493
Adult Basic Education 149 3,113,039
Partnership Development/Staff 171 -0-
Program Modernization 305 725,000
Technical and Secondary Program
Improvement Staff 330 260,871
GED Testing 339 291,160
Aquaculture Support 769 __
________80,000
Total $ 21,390,580
- --State Board of Education--
Division of Educational Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2005 Org 0402
Personal Services 001 $ 414,244
Annual Increment 004 3,000
Employee Benefits 010 120,899
Unclassified 099 __________162,384
Total $ 700,527
- --West Virginia Schools for the
Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2005 Org 0403
Personal Services 001 $ 6,857,223
Annual Increment 004 5,550
Employee Benefits 010 2,507,476
Unclassified 099 1,613,470
BRIM Premium 913 __________68,938
Total $ 11,052,657
DEPARTMENT OF EDUCATION AND THE ARTS
- --Department of Education and the Arts--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2005 Org 0431
Governor's Honors Academy and
School for the Arts (R) 030 $ -0-
Governor's Honors Academy 478 390,150
Unclassified (R) 099 777,735
Center for Professional
Development (R) 115 1,200,000
Center for Professional Development--
Principals' Academy (R) 415 398,970
Teacher Education Partnerships (R) 576 500,000
Energy Express 861 450,000
BRIM Premium 913 __________3,821
Total $ 3,720,676
Any unexpended balances remaining in the appropriations for
Governor's Honors Academy and School for the Arts (fund 0294, activity
030), Unclassified (fund 0294, activity 099), Center for Professional
Development (fund 0294, activity 115), Center for Professional
Development--Principals' Academy (fund 0294, activity 415) and Teacher
Education Partnerships (fund 0294, activity 576) at the close of the
fiscal year 2004 are hereby reappropriated for expenditure during the
fiscal year 2005, with the exception of fund 0294, fiscal year 2004,
activity 415 ($35,000), fund 0294, fiscal year 2004, activity 115
($24,322), fund 0294, fiscal year 2004, activity 576 ($65,000) and
fund 0294, fiscal year 2004, activity 099 ($11,391) which shall expire
on June 30, 2004.
- --Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2005 Org 0432
Personal Services 001 $ 2,144,527
Annual Increment 004 40,162
Employee Benefits 010 893,273
Unclassified 099 470,000
Culture and History Programming 732 300,000
BRIM Premium 913 __________61,293
_______________Total $ 3,909,255
The Unclassified appropriation includes funding for the arts
funds, department programming funds, grants, fairs and festivals and
Camp Washington Carver and shall be expended only upon authorization
of the division of culture and history and in accordance with the
provisions of 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.
- --Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2005 Org 0433
Personal Services 001 $ 866,543
Annual Increment 004 28,100
Employee Benefits 010 349,668
Unclassified 099 229,809
Services to Blind and Handicapped 181 38,456
EBA Contractual Services 044 50,000
BRIM Premium 913 __________31,822
Total $ 1,594,398
- --Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2005 Org 0439
Personal Services 001 $ 3,030,517
Annual Increment 004 61,492
Employee Benefits 010 1,039,610
Unclassified 099 492,586
BRIM Premium 913 __________69,225
_______________Total $ 4,693,430
These funds may be transferred to special revenue accounts for
matching college, university, city, county, federal and/or other
generated revenues.
- --State Board of Rehabilitation--
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2005 Org 0932
Personal Services 001 $ 6,439,706
Annual Increment 004 134,049
Employee Benefits 010 2,648,899
Unclassified 099 -0-
Employment Attendant Care Program 598 179,000
Workshop Development 163 1,816,149
Supported Employment Extended
Services 206 119,032
Ron Yost Personal Assistance
Fund (R) 407 340,000
Independent Living Services 009 24,000
BRIM Premium 913
__
________68,263
Total $ 11,769,098
Any unexpended balance remaining in the appropriation for
Technology-Related Assistance Revolving Loan Fund for Individuals with
Disabilities (fund 0310, activity 766) is hereby reappropriated for
expenditure during the fiscal year 2005 and may be transferred to a
special account for the purpose of disbursement or loan
. Any
unexpended balances remaining in the appropriations for Capital
Improvements--Surplus (fund 0310, activity 661), Unclassified--Surplus
(fund 0310, activity 097) and Ron Yost Personal Assistance Fund (fund
0310, activity 406) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- --Department of Health and Human Resources--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2005 Org 0501
Unclassified--Total 096 $ 137,929
- --Division of Health--
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2005 Org 0506
Personal Services 001 $ 7,262,502
Annual Increment 004 164,981
Employee Benefits 010 3,132,691
Levels 1, 2 and 3 Trauma Centers 013 675,594
Unclassified 099 2,677,222
Safe Drinking Water Program 187 506,098
Pet Scan Support 209 100,000
Women, Infants and Children 210 45,000
Basic Public Health Services
Support 212 4,324,216
Early Intervention 223 3,307,043
Cancer Registry 225 272,671
State EMS Technical Assistance 379 1,404,020
EMS Program for Children 381 49,864
Statewide EMS Program Support 383 554,181
Primary Care Centers--Mortgage
Finance 413 621,718
Black Lung Clinics 467 198,646
Women's Right to Know 546 200,000
Pediatric Dental Services 550 150,000
Vaccine for Children 551 432,457
Adult Influenza Vaccine 552 65,000
Tuberculosis Control 553 254,042
Maternal and Child Health
Clinics, Clinicians and
Medical Contracts and Fees (R) 575 4,614,362
Epidemiology Support 626 379,593
Primary Care Support 628 7,254,178
State Aid to Local Health
Departments 702 9,257,684
Health Right Free Clinics 727 2,747,836
Osteoporosis Prevention Fund 729 156,696
Center for End of Life 545 195,000
Tobacco Education Program 906 -0-
CARDIAC Project 375 250,000
Emergency Response Entities--
Special Projects 822 400,000
Chief Medical Examiner 045 3,384,423
BRIM Premium 913 __________224,757
Total $ 55,262,475
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0407, fiscal year 1997, activity 099
) and Maternal
and Child Health Clinics, Clinicians and Medical Contracts and Fees
(fund 0407, activity 575) at the close of the fiscal year 2004 are
hereby reappropriated for expenditure during the fiscal year 2005,
with the exception of fund 0407, fiscal year 2004, activity 575 ($69,213) which shall expire on June 30, 2004.
From the Maternal and Child Health Clinics, Clinicians and
Medical Contracts and Fees line item, $400,000 shall be transferred to
the Breast and Cervical Cancer Diagnostic Treatment Fund.
Included in the above appropriation for Primary Care Centers--
Mortgage Finance is $50,000 for the mortgage payment for Lincoln
Primary Care Center, Inc.; $53,140 for the mortgage payment for Monroe
Health Center; $42,564 for the mortgage payment for Roane County
Family Health Care, Inc.; $25,000 for the mortgage payment for Tug
River Health Association, Inc.; $48,000 for the mortgage payment for
Primary Care Systems (Clay); $10,800 for the mortgage payment for
Belington Clinic; $30,000 for the mortgage payment for Tri-County
Health Clinic; $15,000 for the mortgage payment for Valley Health Care
(Randolph); $58,560 for the mortgage payment for Valley Health
Systems, Inc. (Woman's Place and Harts Health Clinic); $46,958 for the
mortgage payment for Ritchie County Primary Care Association, Inc.;
$24,000 for the mortgage payment for Camden-on-Gauley Primary Care
Center; $8,000 for the mortgage payment for Northern Greenbrier Health
Clinic; $12,696 for the mortgage payment for Women's Care, Inc.
(Putnam); $25,000 for the mortgage payment for Preston-Taylor
Community Health Centers, Inc.; $20,000 for the mortgage payment for
North Fork Clinic (Pendleton); $40,000 for the mortgage payment for
Pendleton Community Care; $27,000 for the mortgage payment for South
Branch Health Facility (Upper Tract); $38,400 for the mortgage payment
for Clay-Battelle Community Health Center; $33,600 for the mortgage
payment for Mountaineer Health Clinic in Paw Paw; and $13,000 for the
mortgage payment for St. George Medical Clinic.
- --Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2005 Org 0506
Personal Services 001 $ 616,833
Annual Increment 004 11,991
Employee Benefits 010 252,697
Special Olympics 208 26,074
Behavioral Health Program--
Unclassified (R) 219 41,179,562
Family Support Act 221 1,092,753
Institutional Facilities
Operations 335 46,712,385
Colin Anderson Community
Placement (R) 803 3,264,325
Renaissance Program 804 194,000
BRIM Premium 913 __________1,152,725
Total $ 94,503,345
Any unexpended balances remaining in the appropriations for
Behavioral Health Program--Unclassified (fund 0525, activity 219) and
Colin Anderson Community Placement (fund 0525, activity 803) at the
close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005, with the exception of fund
0525, fiscal year 2004, activity 219 ($2,064,354) and fund 0525,
fiscal year 2004, activity 803 ($2,100,325) which shall expire on June
30, 2004.
The secretary of the department of health and human resources,
prior to the beginning of the fiscal year, shall file with the
legislative auditor and the department of revenue an expenditure
schedule for each formerly separate spending unit which has been
consolidated into the above account and which receives a portion of
the above appropriation for Institutional Facilities Operations. The
secretary shall also, within fifteen days after the close of the
six-month period of said fiscal year, file with the legislative
auditor and the department of revenue an itemized report of
expenditures made during the preceding six-month period.
From the Colin Anderson Community Placement (fund 0525, activity
803) funds may be both expended for the community placement costs of
the Colin Anderson clients and transferred to the Medical Services
Program Fund to pay the medicaid state share of the medicaid cost of
Colin Anderson clients in the community.
From the above appropriation to Institutional Facilities
Operations, together with available funds from the Division of Health-
-Hospital Services Revenue Account (fund 5156, activity 335) and
Tobacco Settlement Expenditure Fund (fund 5124, activity 335), on July
1, 2004, the sum of $160,000 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
2005, organization 0506, and fund 5156, fiscal year 2005, organization
0506, for the operation of the institutional facilities. The
secretary of the department of health and human resources is authorized to utilize up to ten percent of the funds from the
Institutional Facilities Operations line item to facilitate cost-
effective and cost-saving services at the community level.
- --Division of Health--
West Virginia Drinking Water Treatment
(WV Code Chapter 16)
Fund 0561 FY 2005 Org 0506
West Virginia Drinking Water
Treatment Revolving Fund--
Transfer 689 $ 700,000
The above appropriation for Drinking Water Treatment Revolving
Fund--Transfer shall be transferred to the West Virginia Drinking
Water Treatment Revolving Fund or appropriate bank depository and the
Drinking Water Treatment Revolving--Administrative Expense Fund as
provided by chapter sixteen of the code.
- --Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2005 Org 0510
Personal Services 001 $ 667,467
Annual Increment 004 16,000
Employee Benefits 010 222,794
Unclassified 099 254,684
BRIM Premium 913 __________20,668
Total $ 1,181,613
- --Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2005 Org 0511
Personal Services 001 $ 21,465,192
Annual Increment 004 648,734
Employee Benefits 010 8,449,645
Unclassified 099 16,731,576
Child Care Development 144 1,447,463
Medical Services Contracts and
Office of Managed Care 183 2,329,730
Medical Services 189 239,070,628
Women's Commission 191 133,381
Social Services 195 60,105,425
Family Preservation Program 196 1,565,000
Domestic Violence Legal
Services Fund 384 150,000
James "Tiger" Morton Catastrophic
Illness Fund 455 940,000
Child Protective Services
Case Workers 468 11,917,452
Medical Services Trust
Fund Transfer 512 5,000,000
OSCAR and RAPIDS 515 3,471,648
WV Teaching Hospitals Tertiary/
Safety Net 547 1,750,000
Child Welfare System 603 2,581,948
Commission for the Deaf and
Hard of Hearing 704 263,473
Child Support Enforcement 705 2,758,468
Medicaid Auditing 706 590,841
Temporary Assistance for Needy
Families/Maintenance of Effort 707 22,969,096
Child Care--Maintenance of
Effort and Match 708 4,409,643
Grants for Licensed Domestic
Violence Programs and
Statewide Prevention 750 1,000,000
Indigent Burials (R) 851 1,200,000
Sole Community/Medicare Dependent
Hospitals Under 100 Beds 046 750,000
BRIM Premium 913 __________882,229
Total $ 412,581,572
Any unexpended balances remaining in the appropriations for
Indigent Burials (fund 0403, activity 851) and Medical Services (fund
0403, activity 189) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005, with the
exception of fund 0403, fiscal year 2004, activity 189 ($122,818) and
fund 0403, fiscal year 2004, activity 851 ($325,000) which shall
expire on June 30, 2004.
The above appropriation for James "Tiger" Morton Catastrophic Illness Fund (activity 455) shall be transferred to the James "Tiger"
Morton Catastrophic Illness Fund (fund 5454) as provided by 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.
The above appropriation for Sole Community/Medicare Dependent
Hospitals Under 100 Beds shall be used as additional state match for
cost-based reimbursement.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
- --Department of Military Affairs and
Public Safety--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2005 Org 0601
Unclassified (R) 099 $ 529,199
BRIM Premium 913 __________11,194
Total $ 540,393
Any unexpended balance remaining in the appropriation for
Unclassified (fund 0430, activity 099) at the close of the fiscal year
2004 is hereby reappropriated for expenditure during the fiscal year
2005.
- --Adjutant General--
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2005 Org 0603
Personal Services 001 $ 387,196
Annual Increment 004 9,900
Employee Benefits 010 127,063
Unclassified (R) 099 13,186,283
Mountaineer Challenge Academy 709 1,200,000
BRIM Premium 913 __________45,086
Total $ 14,955,528
Any unexpended balance remaining in the appropriation for
Unclassified (fund 0433, activity 099) at the close of the fiscal year
2004 is hereby reappropriated for expenditure during the fiscal year
2005.
From the above appropriation, an amount approved by the adjutant
general and the secretary of military affairs and public safety may be
transferred to the state armory board for operation and maintenance of national guard armories.
- --West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2005 Org 0605
Personal Services 001 $ 122,751
Annual Increment 004 1,744
Employee Benefits 010 127,119
Unclassified 099 119,325
Salaries of Members of West
Virginia Parole Board 227 225,000
BRIM Premium 913 __________17,511
Total $ 613,450
- --Office of Emergency Services
(WV Code Chapter 15)
Fund 0443 FY 2005 Org 0606
Personal Services 001 $ 222,636
Annual Increment 004 5,500
Employee Benefits 010 84,834
Unclassified 099 106,841
Federal Emergency Management
Agency Match (R) 188 210,937
Radiological Emergency
Preparedness 554 25,600
Early Warning Flood System 877 324,264
BRIM Premium 913 __________12,598
Total $ 993,210
Any unexpended balances remaining in the appropriations for
Federal Emergency Management Agency Match-Surplus (fund 0443, activity
121), Federal Emergency Management Agency Match (fund 0443, activity
188), Flood Reparations (fund 0443, activity 400) and Homeland
Security Grant Match-Surplus (fund 0443, activity 957) at the close of
the fiscal year 2004 are hereby reappropriated for expenditure during
the fiscal year 2005.
- --Division of Corrections--
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2005 Org 0608
Personal Services 001 $ 357,881
Annual Increment 004 5,775
Employee Benefits 010 117,832
Unclassified 099 __________97,594
Total $ 579,082
Any unexpended balance remaining in the appropriation for
Management Information System (fund 0446, activity 398) at the close
of the fiscal year 2004 is hereby reappropriated for expenditure
during the fiscal year 2005.
- --Division of Corrections--
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2005 Org 0608
Unclassified 099 $ 896,204
Employee Benefits 010 324,385
Charleston Work Release 456 834,089
Beckley Correctional Center 490 919,012
Huntington Work Release 495 712,740
Anthony Center 504 4,219,340
Huttonsville Correctional Center 514 13,730,212
Northern Correctional Facility 534 5,968,468
Inmate Medical Expenses 535 12,371,767
Pruntytown Correctional Center 543 5,657,088
Payments to Federal, County
and/or Regional Jails 555 8,303,000
Corrections Academy 569 995,100
Martinsburg Correctional Center 663 3,060,000
Parole Services 686 1,982,452
Special Services 687 2,091,002
St. Marys Correctional Facility 881 10,720,652
Denmar Correctional Facility 882 3,584,430
Ohio County Correctional
Facility 883 1,179,235
Mt. Olive Correctional Facility 888 16,673,064
Lakin Correctional Facility 896 7,245,722
BRIM Premium 913 __________853,296
Total $ 102,321,258
The commissioner of corrections shall, within fifteen days after
the close of each six-month period of said fiscal year, file with the
legislative auditor and the department of revenue an itemized report
of expenditures made during the preceding six-month period. Such
report shall include the total of expenditures made for personal
services, annual increment, current expenses (inmate medical expenses
and other), repairs and alterations and equipment. The commissioner
of corrections shall also have the authority to transfer between line
items appropriated to the individual correctional units above and may
transfer funds from the individual units to Payments to Federal,
County and/or Regional Jails (fund 0450, activity 555) or Inmate
Medical Expenses (fund 0450, activity 535).
From the above appropriation to Unclassified, on July 1, 2004,
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.
- --West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2005 Org 0612
Personal Services 001 $ 27,590,156
Annual Increment 004 198,050
Employee Benefits 010 6,727,064
Unclassified 099 6,091,191
Handgun Replacement 289 -0-
Vehicle Purchase 451 1,000,000
Barracks Maintenance
and Construction (R) 494 98,068
Trooper Class (R) 521 3,670,885
Barracks Lease Payments 556 440,088
Communications and
Other Equipment (R) 558 613,285
Trooper Retirement Fund 605 27,780,136
Handgun Administration Expense 747 70,544
Automated Fingerprint
Identification System 898 496,122
BRIM Premium 913 __________6,731,157
Total $ 81,506,746
Any unexpended balances remaining in the appropriations for
Barracks Maintenance and Construction (fund 0453, activity 494),
Trooper Class (fund 0453, activity 521) and Communications and Other
Equipment (fund 0453, activity 558) at the close of the fiscal year
2004 are hereby reappropriated for expenditure during the fiscal year
2005.
From the reappropriated balance of the Barracks Maintenance and
Construction line item above, at least $500,000 shall be utilized to
repair and renovate the Martinsburg Barracks.
- --Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2005 Org 0613
Personal Services 001 $ 872,723
Annual Increment 004 27,330
Employee Benefits 010 387,973
Unclassified 099 50,000
Veterans' Field Offices 228 180,000
Veterans' Nursing Home 286 750,000
Veterans' Toll-Free Assistance
Line 328 5,000
Veterans' Reeducation
Assistance (R) 329 211,604
Veterans' Grant Program (R) 342 150,000
Memorial Day Patriotic Exercise 697 20,000
BRIM Premium 913 __________27,978
Total $ 2,682,608
Any unexpended balances remaining in the appropriations for
Veterans' Reeducation Assistance (fund 0456, activity 329), Veterans'
Grant Program (fund 0456, activity 342), Women's Veterans' Monument
(fund 0456, activity 385) and Veterans' Monuments (fund 0456, activity
817) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2005.
The above appropriation for Veterans' Nursing Home (fund 0456,
activity 286) may be transferred to the Veterans' Nursing Home Support
Fund (fund 6703, org 0613) at the discretion of the director of the
division of veterans' affairs.
- --Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 9A)
Fund 0460 FY 2005 Org 0618
Personal Services 001 $ 668,646
Annual Increment 004 15,100
Employee Benefits 010 312,663
Unclassified 099 __________37,316
_______________Total $ 1,033,725
- --Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2005 Org 0619
Safe Schools Hotline--Total 093 $ $200,000
- --Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 0546 FY 2005 Org 0620
Personal Services 001 $ 236,236
Annual Increment 004 3,645
Employee Benefits 010 78,755
Unclassified 099 129,583
Statistical Analysis Program 597 48,265
Sentencing Commission 976 -0-
BRIM Premium 913 __________1,462
Total $ 497,946
- --Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2005 Org 0621
Robert L. Shell Juvenile Center 267 $ 1,573,072
Donald R. Kuhn Diagnostic Center 283 2,078,265
Central Office 701 1,825,015
BRIM Premium 913 31,436
WV Industrial Home for Youth 979 10,689,850
Davis Center 980 2,117,417
Eastern Regional Juvenile Center 981 1,257,152
Northern Regional Juvenile Center 982 912,807
North Central Regional Juvenile
Center 983 1,602,290
Southern Regional Juvenile Center 984 1,704,494
Tiger Morton Center 985 1,814,195
Donald R. Kuhn Juvenile Center 986 1,458,122
J. M. "Chick" Buckbee Juvenile
Center 987 1,834,552
Salem Canine 988 87,651
Davis Canine 989 83,611
The Academy 990 128,857
Mt. Hope Juvenile Center 991 __________1,742,028
Total $ 30,940,814
Any unexpended balance remaining in the appropriation for
Unclassified (fund 0570, activity 099) at the close of the fiscal year
2004 is hereby reappropriated for expenditure during the fiscal year
2005.
From the above appropriation to Unclassified, on July 1, 2004,
the sum of $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.
- --Division of Protective Services
(WV Code Chapter 15)
Fund 0585 FY 2005 Org 0622
Personal Services 001 $ 864,051
Annual Increment 004 9,350
Employee Benefits 010 343,713
Unclassified (R) 099 514,518
BRIM Premium 913 __________6,816
Total $ 1,738,448
Any unexpended balances remaining in the appropriations for
Equipment (fund 0585, activity 070) and Unclassified (fund 0585, activity 099) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005.
DEPARTMENT OF REVENUE
- --Office of the Secretary
(WV Code Chapter 11)
Fund 0465 FY 2005 Org 0701
Unclassified--Total 096 $ 622,000
- --Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2005 Org 0702
Personal Services (R) 001 $ 11,002,709
Annual Increment 004 259,060
Employee Benefits (R) 010 4,194,362
Tax Technology Upgrade 094 1,815,000
Unclassified (R) 099 6,417,510
GIS Development Project 562 150,000
Remittance Processor 570 381,015
Multistate Tax Commission 653 77,958
BRIM Premium 913 __________11,711
Total $ 24,309,325
Any unexpended balances remaining in the appropriations for
Personal Services (fund 0470, activity 001), Employee Benefits (fund 0470, activity 010), Unclassified--Surplus (fund 0470, activity 097),
Unclassified (fund 0470, activity 099) and Tax Technology Upgrade--
Surplus (fund 0470, activity 450) at the close of the fiscal year 2004
are hereby reappropriated for expenditure during the fiscal year 2005.
- --State Budget Office
(WV Code Chapter 11B)
Fund 0595 FY 2005 Org 0703
Unclassified--Total 096 $ 1,050,000
- --West Virginia Office of Tax Appeals
(WV Code Chapter 11)
Fund 0593 FY 2005 Org 0709
Unclassified--Total (R)
096 $ 644,413
Any unexpended balance remaining in the appropriation for
Unclassified-Total (fund 0593, activity 096) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005, with the exception of fund 0593, fiscal year 2004,
activity 096 ($18,636) which shall expire on June 30, 2004.
- --Division of Professional and
Occupational Licenses--
State Athletic Commission
(WV Code Chapter 29)
Fund 0523 FY 2005 Org 0933
Unclassified--Total 096 $ 10,000
Unclassified 099 -0-
BRIM Premium 913 ________-0-
Total $ -0-
DEPARTMENT OF TRANSPORTATION
- --State Rail Authority
(WV Code Chapter 29)
Fund 0506 FY 2005 Org 0804
Unclassified 099 $ 3,096,347
BRIM Premium 913 __________270,874
Total $ 3,367,221
- --Division of Public Transit
(WV Code Chapter 17)
Fund 0510 FY 2005 Org 0805
Unclassified (R) 099 $ 1,258,342
Grant Match (R)
388 __________1,000,000
Total $ 2,258,342
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0510, activity 099), Grant Match (fund 0510,
activity 388) and Federal Funds/Grant Match (fund 0510, activity 749)
at the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005, with the exception of fund
0510, fiscal year 2004, activity 099 ($37,531) and fund 0510, fiscal
year 2004, activity 749 ($29,000) which shall expire on June 30, 2004.
- --Public Port Authority
(WV Code Chapter 17)
Fund 0581 FY 2005 Org 0806
Unclassified 099 $ 460,537
BRIM Premium 913 __________649
Total $ 461,186
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 0581, activity 096) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005, with the exception of fund 0581, fiscal year 2004,
activity 096 ($21,040) which shall expire on June 30, 2004.
- --Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2005 Org 0807
Unclassified (R) 099 $ 1,169,436
Civil Air Patrol 234 __________151,384
Total $ 1,320,820
Any unexpended balance remaining in the appropriation for
Unclassified (fund 0582, activity 099) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year
2005, with the exception of fund 0582, fiscal year 2004, activity 099
($35,606) which shall expire on June 30, 2004.
BUREAU OF COMMERCE
- --Division of Forestry
(WV Code Chapter 19)
Fund 0250 FY 2005 Org 0305
Personal Services 001 $ 1,631,940
Annual Increment 004 43,000
Employee Benefits 010 736,845
Aerial Tanker 047 200,000
BRIM Premium 913 __________208,855
Total $ 2,820,640
Out of the above appropriation a sum may be used to match federal
funds for cooperative studies or other funds for similar purposes.
- --Geological and Economic Survey
(WV Code Chapter 29)
Fund 0253 FY 2005 Org 0306
Personal Services 001 $ 1,243,962
Annual Increment 004 35,564
Employee Benefits 010 415,126
Unclassified 099 201,317
Mineral Mapping System (R) 207 1,556,636
BRIM Premium 913 __________34,291
Total $ 3,486,896
Any unexpended balances remaining in the appropriations for
Mineral Mapping System (fund 0253, activity 207) and Geographic
Information System (fund 0253, activity 214) at the close of the
fiscal year 2004 are hereby reappropriated for expenditure during the
fiscal year 2005, with the exception of fund 0253, fiscal year 2004,
activity 214 ($8,527) and fund 0253, fiscal year 2004, activity 207
($65,450) which shall expire on June 30, 2004.
The above Unclassified appropriation includes funding to secure
federal and other contracts and may be transferred to a special
revolving fund (fund 3105, activity 099) for the purpose of providing
advance funding for such contracts.
- --West Virginia Development Office
(WV Code Chapter 5B)
Fund 0256 FY 2005 Org 0307
Personal Services 001 $ 2,354,456
Annual Increment 004 34,180
Employee Benefits 010 730,222
Energy Village 090 -0-
Unclassified 099 2,493,845
Partnership Grants (R) 131 2,640,244
National Youth Science Camp 132 149,039
Local Economic Development
Partnerships (R) 133 1,650,000
ARC Assessment 136 167,308
Institute for Software Research 217 76,213
West Virginia Steel Advisory 230 -0-
Mid-Atlantic Aerospace Complex (R) 231 176,783
Guaranteed Work Force Grant (R) 242 2,378,267
Mingo County Surface Mine Project 296 125,000
Small Business Financial
Assistance (R) 360 356,695
Robert C. Byrd Institute for
Advanced/Flexible
Manufacturing--Technology
Outreach and Programs for
Environmental and Advanced
Technologies 367 549,990
Advantage Valley 389 78,570
Chemical Alliance Zone 390 40,500
WV High-Tech Consortium 391 159,570
Charleston Farmers Market (R) 476 90,000
Industrial Park Assistance (R) 480 445,000
Leverage Technology and Small
Business Development
Program (R) 525 639,614
International Offices (R) 593 690,644
WV Manufacturing Extension
Partnership 731 152,426
Small Business Work Force (R) 735 417,341
Polymer Alliance 754 76,213
National Institute
of Chemical Studies 805 74,519
Local Economic
Development Assistance (R) 819 4,778,516
Community College
Workforce Development (R) 878 642,943
BRIM Premium 913 24,130
Hardwood Alliance Zone 992 45,000
ARC--WV Home of Your Own
Alliance 048
__
________40,000
Total $ 22,277,228
Any unexpended balances remaining in the appropriations for
Partnership Grants (fund 0256, activity 131), Local Economic
Development Partnerships (fund 0256, activity 133), Mid-Atlantic
Aerospace Complex (fund 0256, activity 231), Guaranteed Work Force
Grant (fund 0256, activity 242), Local Economic Development
Assistance-Surplus (fund 0256, activity 266), Small Business Financial
Assistance (fund 0256, activity 360), Charleston Farmers Market (fund
0256, activity 476), Industrial Park Assistance (fund 0256, activity
480), Leverage Technology and Small Business Development Program (fund
0256, activity 525), International Offices (fund 0256, activity 593),
Small Business Work Force (fund 0256, activity 735), Local Economic
Development Assistance (fund 0256, activity 819), Community College
Workforce Development (fund 0256, activity 878), Economic Development
Assistance (fund 0256, activity 900) and Technology Initiatives (fund
0256, activity 901) at the close of the fiscal year 2004 are hereby reappropriated for expenditure during the fiscal year 2005, with the
exception of fund 0256, fiscal year 2004, activity 131 ($152,922),
fund 0256, fiscal year 2004, activity 133 ($109,132), fund 0256,
fiscal year 2004, activity 231 ($5,696), fund 0256, fiscal year 2004,
activity 242 ($78,375), fund 0256, fiscal year 2004, activity 476
($2,610), fund 0256, fiscal year 2004, activity 480 ($64,134), fund
0256, fiscal year 2004, activity 525 ($20,835), fund 0256, fiscal year
2004, activity 593 ($22,504), fund 0256, fiscal year 2004, activity
735 ($15,344), fund 0256, fiscal year 2004, activity 819 ($171,208)
and fund 0256, fiscal year 2004, activity 878 ($20,950) which shall
expire on June 30, 2004.
The above appropriation to Local Economic Development
Partnerships shall be used by the West Virginia development office for
the award of funding assistance to county and regional economic
development corporations or authorities participating in the certified
development community program developed under the provisions of
section three, article two, chapter five-b of the code. The West
Virginia development office shall award the funding assistance through
a matching grant program, based upon a formula whereby funding
assistance may not exceed $30,000 per county served by an economic
development corporation or authority.
- --Division of Labor
(WV Code Chapters 21 and 47)
Fund 0260 FY 2005 Org 0308
Personal Services 001 $ 1,605,054
Annual Increment 004 25,072
Employee Benefits 010 666,904
Unclassified 099 565,789
BRIM Premium 913 __________49,987
Total $ 2,912,806
- --Division of Natural Resources
(WV Code Chapter 20)
Fund 0265 FY 2005 Org 0310
Personal Services 001 $ 6,741,356
Annual Increment 004 220,037
Employee Benefits 010 3,280,120
Gypsy Moth Suppression Program--
Wildlife Management Areas 014 45,500
Unclassified 099 19,089
Litter Control Conservation
Officers 564 150,000
Upper Mud River Flood Control 654 150,000
Law Enforcement 806 759,589
BRIM Premium 913 __________326,638
Total $ 11,692,329
Any revenue derived from mineral extraction at any state park
shall be deposited in a special revenue account of the division of
natural resources, first for bond debt payment purposes and with any
remainder to be for park operation and improvement purposes.
- --Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 0277 FY 2005 Org 0314
Personal Services 001 $ 3,648,406
Annual Increment 004 70,750
Employee Benefits 010 1,391,000
Unclassified 099 676,068
WV Diesel Equipment Commission 712 38,034
BRIM Premium 913 __________61,503
Total $ 5,885,761
- --Board of Coal Mine
Health and Safety
(WV Code Chapter 22)
Fund 0280 FY 2005 Org 0319
Personal Services 001 $ 110,950
Annual Increment 004 600
Employee Benefits 010 28,736
Unclassified 099 __________29,115
Total $ 169,401
- --Coal Mine Safety and Technical Review
Committee
(WV Code Chapter 22)
Fund 0285 FY 2005 Org 0320
Unclassified--Total 096 $ 63,352
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- --Environmental Quality Board
(WV Code Chapter 20)
Fund 0270 FY 2005 Org 0311
Personal Services 001 $ 82,085
Annual Increment 004 965
Employee Benefits 010 17,445
Unclassified 099 4,873
BRIM Premium 913 __________-0-
Total $ 105,368
- --Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2005 Org 0313
Personal Services 001 $ 3,716,672
Annual Increment 004 64,009
Employee Benefits 010 1,253,967
West Virginia's Contribution to
the Interstate Commission on
Potomac River Basin 091 38,493
West Virginia's Contribution to
the Ohio River Valley Water
Sanitation Commission 092 109,992
Unclassified 099 971,225
Dam Safety 607 213,997
Office of Water Resources
Nonenforcement Activity 855 1,155,645
BRIM Premium 913 31,620
Welch DEP Office Continuing
Operation 993 __________83,720
Total $ 7,639,340
- --Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2005 Org 0325
Unclassified 099 $ 79,390
BRIM Premium 913 __________3,124
Total $ 82,514
BUREAU OF SENIOR SERVICES
- --Bureau of Senior Services
(WV Code Chapter 29)
Fund 0420 FY 2005 Org 0508
Personal Services 001 $ 125,099
Annual Increment 004 2,350
Employee Benefits 010 61,168
Unclassified 099 344,277
Silver Haired Legislature 202 15,000
Area Agencies Administration 203 78,685
Alzheimer's Respite Care 565 250,000
BRIM Premium 913 __________6,389
_______________Total $ 882,968
HIGHER EDUCATION POLICY COMMISSION
- --Higher Education Policy Commission--
Administration
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2005 Org 0441
Unclassified 099 $ 2,000,000
WVNET 169 1,952,662
West Virginia Council for
Community and Technical
Education (R) 392 -0-
Vice Chancellor for Health
Sciences--Rural Health Initiative
Program and Site Support (R) 595 -0-
BRIM Premium 913 __________66,509
Total $ 4,019,171
Any unexpended balances remaining in the appropriations for Vice Chancellor for Health Sciences--Rural Health Initiative Program and
Site Support (fund 0589, activity 595), Vice Chancellor for Health
Sciences--Rural Health Residency Program (fund 0589, activity 601),
West Virginia Council for Community and Technical Education (fund
0589, activity 392) and HEAPS Grant Program (fund 0589, activity 867)
at the close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005, with the exception of fund
0589, fiscal year 2004, activity 595, organization 0441 ($27,976),
fund 0343, fiscal year 2004, activity 595, organization 0463
($21,906), fund 0347, fiscal year 2004, activity 595, organization
0471 ($75,000), fund 0589, fiscal year 2004, activity 601,
organization 0441 ($1,400), fund 0347, fiscal year 2004, activity 601,
organization 0471 ($86,122) and fund 0589, fiscal year 2004, activity
392, organization 0441 ($8,808) which shall expire on June 30, 2004.
- --Higher Education Policy Commission--
System
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2005 Org 0442
Marshall Medical School 173 $
12,841,156
WVU--School of Health Sciences 174 41,670,694
WVU--School of Health Sciences--
Charleston Division 175 3,732,313
WVU School of Health Sciences--
Eastern Division 056 1,600,000
Primary Health Education Medical
School Program Support (R)
177 2,165,141
New River Community and Technical
College of Bluefield
State College 358 -0-
Bluefield State College 408 3,205,566
Concord College 410 8,294,215
Eastern West Virginia Community
and Technical College 412 -0-
Fairmont State College 414 11,214,165
Fairmont State Community
and Technical College 421 -0-
Glenville State College 428 5,493,196
Shepherd College 432 8,522,724
West Liberty State College 439 8,570,738
Shepherd Community and
Technical College 434 -0-
West Virginia State College 441 9,513,158
West Virginia State Community
and Technical College 445 -0-
Southern West Virginia Community
and Technical College 446 -0-
West Virginia Northern Community
and Technical College 447 -0-
Marshall University 448 39,426,465
Marshall University Medical
School BRIM Subsidy 449 728,167
West Virginia University 459 83,734,963
West Virginia University School
of Medicine BRIM Subsidy 460 1,438,380
West Virginia University--
Parkersburg 471 -0-
West Virginia University Institute
of Technology 479 6,145,888
West Virginia University Institute
of Technology Community and
Technical College 486 -0-
Marshall University Community and
Technical College 487 -0-
Blanchette Rockefeller
Neurological Institute 635 -0-
West Virginia University--
Potomac State 994 __________4,018,430
Total $ 252,315,359
Any unexpended balances remaining in the appropriations for
Primary Health Education Medical School Program Support (fund 0586,
activity 177), Jackson's Mill (fund 0586, activity 461), Marshall
University Forensic Lab (fund 0586, activity 572), Jackson's Mill--
Surplus (fund 0586, activity 842) and WVU College of Engineering and
Mineral Resources--Diesel Training--Transfer (fund 0586, activity 852)
at the close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005, with the exception of fund
0586, fiscal year 2004, activity 177, organization 0442 ($392), fund
0347, fiscal year 2004, activity 177, organization 0471 ($50,000) and fund 0343, fiscal year 2004, activity 177, organization 0463 ($23,759)
which shall expire on June 30, 2004.
Included in the appropriation for WVU--School of Health Sciences
and Marshall Medical School are $943,080 and $295,477, respectively,
for graduate medical education which may be transferred to the
department of health and human resources' Medical Service Fund (fund
5084) for the purpose of matching federal or other funds to be used in
support of graduate medical education, subject to the vice chancellor
for health sciences and the secretary of the department of health and
human resources. If approval is denied, the funds may be utilized by
the respective institutions for expenditure on graduate medical
education.
Included in the above appropriation for WVU--School of Health
Sciences is $511,105 for the WVU--Charleston Division--Poison Control
Hotline. This amount shall be enhanced by an allocation for the
director's salary as well as in-kind assistance. These amounts shall
be allocated equally among the four quarters of the fiscal year for
disbursement to the WVU--Charleston Division--Poison Control Hotline.
Also included is an additional $800,000 for the Blanchette Rockefeller
Project.
Included in the above appropriation for West Virginia University
is $34,500 for the Marshall and WVU Faculty and Course Development
International Study Project, $246,429 for the WVU Law School--Skills
Program, $147,857 for the WVU Coal and Energy Research Bureau, $19,714
for the WVU College of Engineering and Mineral Resources--Diesel
Training--Transfer, $153,000 for the WVU--Sheep Study, $80,000 for a
veterinarian and $100,000 for the rifle team.
Included in the above appropriation for Marshall Medical School
is $417,351 for the Marshall University Forensic Lab and $175,061 for
the Marshall University Center for Rural Health.
Included in the above appropriation for Marshall University is
$181,280 for the Marshall University--Southern 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 Concord College is
$100,000 for the Geographic Alliance.
Included in the above appropriation for Shepherd College is
$100,000 for the Gateway Program.
The institutions operating from special revenue funds and/or
federal funds shall pay their proportionate share of the board of risk
and insurance management total insurance premium cost for their
respective institutions.
- --West Virginia Council for
Community and Technical College Council
Control Account
(WV Code Chapter 18B)
Fund FY 2005 Org 0442
WV Council for CTC Education (R) 392 $ 650,000
New River Community and
Technical College of Bluefield
State College 358 5,315,219
Eastern West Virginia Community
and Technical College 412 1,967,728
Fairmont State Community and
Technical College 421 7,394,285
Shepherd Community and
Technical College 434 2,307,838
West Virginia State Community
and Technical College 445 2,734,186
Southern West Virginia Community
and Technical College 446 7,658,467
West Virginia Northern Community
and Technical College 447 5,729,485
West Virginia University--
Parkersburg 471 8,035,367
West Virginia University Institute
of Technology Community and
Technical College 486 3,200,538
Marshall University Community
and Technical College 487 __________5,220,038
Total $ 50,213,151
Any unexpended balance remaining in the appropriation for the
West Virginia Council for Community and Technical Education (fund
0589, activity 392) at the close of the fiscal year 2004 is hereby
reappropriated for expenditure during the fiscal year 2005, with the
exception of fund 0355, fiscal year 2004, activity 488 ($1,050) which
shall expire on June 30, 2004.
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.
The institutions operating with special revenue funds and/or
federal funds shall pay their proportionate share of the board of risk
and insurance management total insurance premium cost for their
respective institutions.
- --Higher Education Policy Commission--
Health Sciences
Control Account
(WV Code Chapter 18B)
Fund 0590 FY 2005 Org 0477
Any unexpended balances remaining in the appropriations for
Primary Health Education Medical School Program Support (fund 0590,
activity 177), Correctional Telemedicine Project (fund 0590, activity
406), WVU--Charleston Division--Poison Control Hot Line (fund 0590,
activity 510), Capital Outlay and Equipment (fund 0590, activity 542)
and Rural Health Initiative Site Support Program (fund 0590, activity
853) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2005.
- --Higher Education Policy Commission--
Legislative--
Funding Priorities
Control Account
(WV Code Chapter 18B)
Fund 0591 FY 2005 Org 0441
Any unexpended balances remaining in the appropriations for
Higher Education-Special Projects (fund 0591, activity 488),
Independently Accredited Community and Technical College Development
(fund 0591, activity 491) and Research Challenge (fund 0591, activity
502) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2005, with the exception of
fund 0355, fiscal year 2004, activity 488, organization 0482 ($1,050),
which shall expire on June 30, 2004.
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.
MISCELLANEOUS BOARDS AND COMMISSIONS
- --Workers' Compensation Commission
(WV Code Chapter 23)
Fund 0594 FY 2005 Org 0322
Unclassified--Total--Transfer 402 $_________5,000,000
Total TITLE II, Section 1--
General Revenue $ 3,053,286,599
Sec. 2. Appropriations from state road fund.--From the state road fund there are hereby appropriated conditionally upon the fulfillment
of the provisions set forth in article two, chapter five-a of the code
the following amounts, as itemized, for expenditure during the fiscal
year 2005.
DEPARTMENT OF TRANSPORTATION
- --Division of Motor Vehicles
(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)
Fund 9007 FY 2005 Org 0802
_______________________________________________________________
State
Road
Activity Fund
Personal Services 001 $ 13,022,017
Annual Increment 004 206,350
Employee Benefits 010 5,567,059
Unclassified 099 19,648,868
Jefferson County Regional Office 613 __________550,000
Total $ 38,994,294
- --Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2005 Org 0803
Debt Service 040 $ 50,000,000
Maintenance 237 249,700,000
Maintenance, Contract Paving and
Secondary Road Maintenance 272 50,000,000
Bridge Repair and Replacement 273 30,000,000
Inventory Revolving 275 2,000,000
Equipment Revolving 276 15,000,000
General Operations 277 46,500,000
Interstate Construction 278 70,000,000
Other Federal Aid Programs 279 300,700,000
Appalachian Programs 280 200,000,000
Nonfederal Aid Construction 281 25,000,000
Highway Litter Control 282 1,775,000
PSC Weight Enforcement 345 __________4,566,000
Total $_________1,045,241,000
The above appropriation for PSC Weight Enforcement (activity 345)
shall be transferred to the Public Service Commission Fund (fund
8623).
The above appropriations are to be expended in accordance with
the provisions of chapters seventeen and seventeen-c of the code.
The commissioner of highways shall have the authority to operate
revolving funds within the state road fund for the operation and
purchase of various types of equipment used directly and indirectly in
the construction and maintenance of roads and for the purchase of
inventories and materials and supplies.
There is hereby appropriated within the above items sufficient
money for the payment of claims, accrued or arising during this
budgetary period, to be paid in accordance with sections seventeen and
eighteen, article two, chapter fourteen of the code.
It is the intent of the Legislature to capture and match all
federal funds available for expenditure on the Appalachian highway
system at the earliest possible time. Therefore, should amounts in
excess of those appropriated be required for the purposes of
Appalachian programs, funds in excess of the amount appropriated may
be made available upon recommendation of the commissioner and approval of the governor. Further, for the purpose of Appalachian programs,
funds appropriated to line items may be transferred to other line
items upon recommendation of the commissioner and approval of the
governor.
Total TITLE II, Section 2--State
Road Fund $ 1,084,235,294
_______________Sec. 3. Appropriations from other funds.--From the funds
designated there are hereby appropriated conditionally upon the
fulfillment of the provisions set forth in article two, chapter five-a
of the code the following amounts, as itemized, for expenditure during
the fiscal year 2005.
LEGISLATIVE
- --Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 1731 FY 2005 Org 2300
____________ Other
Activity Funds
Personal Services 001 $ 214,000
Annual Increment 004 5,000
Employee Benefits 010 73,500
Unclassified 099 51,000
Economic Loss Claim
Payment Fund (R) 334 __________2,921,500
Total $ 3,265,000
Any unexpended balance remaining in the appropriation for
Economic Loss Claim Payment Fund (fund 1731, activity 334) at the
close of the fiscal year 2004 is hereby reappropriated for expenditure
during the fiscal year 2005.
- --Tax Reduction and Federal Funding
Increased Compliance
(WV Code Chapter 4)
Fund 1732 FY 2005 Org 2300
Unclassified-Total-Transfer 402 $ -0-
From the above appropriation for Unclassified-Total-Transfer, a
total of $6,624,593.38 shall be transferred to the general revenue
fund.
EXECUTIVE
- --Chief Technology Officer--
Administration Fund
(WV Code Chapter 5)
Fund 1028 FY 2005 Org 0100
Unclassified 099 $ 1,872,961
EPSCoR Undergraduate Scientific
Instrumentation Program 829 __________150,000
Total $ 2,022,961
- --Auditor's Office--
Land Operating Fund
(WV Code Chapters 11A, 12 and 36)
Fund 1206 FY 2005 Org 1200
Personal Services 001 $ 209,629
Annual Increment 004 7,500
Employee Benefits 010 67,081
Unclassified 099 __________395,416
Total $ 679,626
There is hereby appropriated from this fund, in addition to the above appropriation, the necessary amount for the expenditure of funds
other than personal services or employee benefits to enable the
division to pay the direct expenses relating to land sales as provided
in chapter eleven-a of the code.
The total amount of this appropriation shall be paid from the
special revenue fund out of fees and collections as provided by law.
- --Auditor's Office--
Securities Regulation Fund
(WV Code Chapter 32)
Fund 1225 FY 2005 Org 1200
Personal Services 001 $ 1,011,298
Annual Increment 004 8,700
Employee Benefits 010 332,940
Unclassified 099 __________1,168,017
Total $ 2,520,955
- --Auditor's Office--
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1233 FY 2005 Org 1200
Unclassified--Total 096 $ 747,368
Fifty percent of the deposits made into this fund shall be
transferred to the Treasurer's Office--Technology Support and
Acquisition (fund 1329, org 1300) for expenditure for the purposes
described in section ten-c, article three, chapter twelve of the code.
- --Auditor's Office--
Purchasing Card Administration Fund
(WV Code Chapter 12)
Fund 1234 FY 2005 Org 1200
Unclassified--Total 096 $ 600,000
- --Auditor's Office--
Office of the Chief Inspector
(WV Code Chapter 6)
Fund 1235 FY 2005 Org 1200
Personal Services 001 $ 1,769,646
Annual Increment 004 30,000
Employee Benefits 010 568,489
Unclassified 099 __________431,865
Total $ 2,800,000
- --Treasurer's Office--
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1329 FY 2005 Org 1300
Unclassified--Total 096 $ 475,000
- --Department of Agriculture--
Agriculture Fees Fund
(WV Code Chapter 19)
Fund 1401 FY 2005 Org 1400
Personal Services 001 $ 936,844
Annual Increment 004 10,550
Employee Benefits 010 317,340
Unclassified 099 __________1,313,366
Total $ 2,578,100
- --Department of Agriculture--
West Virginia Rural Rehabilitation Program
(WV Code Chapter 19)
Fund 1408 FY 2005 Org 1400
Personal Services 001 $ 50,304
Annual Increment 004 800
Employee Benefits 010 14,128
Unclassified 099 __________476,306
Total $ 541,538
- --Department of Agriculture--
General John McCausland Memorial Farm
(WV Code Chapter 19)
Fund 1409 FY 2005 Org 1400
Unclassified--Total 096 $ 80,133
The above appropriation shall be expended in accordance with
article twenty-six, chapter nineteen of the code.
- --Department of Agriculture--
Farm Operating Fund
(WV Code Chapter 19)
Fund 1412 FY 2005 Org 1400
Unclassified--Total 096 $ 1,028,903
- --Department of Agriculture--
Donated Food Fund
(WV Code Chapter 19)
Fund 1446 FY 2005 Org 1400
Unclassified--Total 096 $ 3,040,000
- --Attorney General--
Antitrust Enforcement
(WV Code Chapter 47)
Fund 1507 FY 2005 Org 1500
Personal Services 001 $ 216,640
Annual Increment 004 1,650
Employee Benefits 010 70,081
Unclassified 099 __________178,285
Total $ 466,656
- --Attorney General--
Preneed Funeral Regulation Fund
(WV Code Chapter 47)
Fund 1513 FY 2005 Org 1500
Unclassified--Total 096 $ 227,284
- --Attorney General--
Preneed Funeral Guarantee Fund
(WV Code Chapter 47)
Fund 1514 FY 2005 Org 1500
Unclassified--Total 096 $ 775,000
- --Secretary of State--
Service Fees and Collection Account
(WV Code Chapters 3, 5 and 59)
Fund 1612 FY 2005 Org 1600
Personal Services 001 $ 968,032
Annual Increment 004 9,950
Employee Benefits 010 237,600
Unclassified 099 __________1,138,431
Total $ 2,354,013
- --Secretary of State--
State Election Fund
(WV Code Chapter 3)
Fund 1614 FY 2005 Org 1600
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 1614, activity 096) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
DEPARTMENT OF ADMINISTRATION
- --Office of the Secretary--
Tobacco Settlement Fund
(WV Code Chapter 4)
Fund 2041 FY 2005 Org 0201
Tobacco Settlement Fund--Transfer 902 $ 25,400,000
The above appropriation for Tobacco Settlement Fund--Transfer
shall be transferred to the Division of Health (fund 5124, org 0506)
for expenditure.
- --Division of Information Services and Communications
(WV Code Chapter 5A)
Fund 2220 FY 2005 Org 0210
Personal Services 001 $ 10,327,242
Annual Increment 004 132,300
Employee Benefits 010 3,334,251
Unclassified 099 __________6,571,771
Total $ 20,365,564
The total amount of this appropriation shall be paid from a
special revenue fund out of collections made by the division of
information services and communications as provided by law.
There is hereby appropriated from this fund, in addition to the above appropriation, the necessary amount for the expenditure of funds
other than personal services or employee benefits to enable the
division to provide information processing services to user agencies.
These services include, but are not limited to, data processing
equipment, office automation and telecommunications.
Each spending unit operating from the general revenue fund, from
special revenue funds or receiving reimbursement for postage from the
federal government shall be charged monthly for all postage meter
service and shall reimburse the revolving fund monthly for all such
amounts.
- --Division of Personnel
(WV Code Chapter 29)
Fund 2440 FY 2005 Org 0222
Personal Services 001 $ 2,586,137
Annual Increment 004 54,850
Employee Benefits 010 851,083
Unclassified 099 __________872,975
Total $ 4,365,045
The total amount of this appropriation shall be paid from a
special revenue fund out of fees collected by the division of
personnel.
- --West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 2521 FY 2005 Org 0228
Unclassified--Total (R) 096 $ 574,113
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 2521, activity 096) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005, except for fund 2521, activity 096 (fiscal years
2002 and 2003) which shall expire on June 30, 2004.
DEPARTMENT OF EDUCATION
- --State Board of Education--
Strategic Staff Development
(WV Code Chapter 18)
Fund 3937 FY 2005 Org 0402
Unclassified--Total (R) 096 $ 505,000
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 3937, activity 096) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- --State Department of Education--
School Building Authority
(WV Code Chapter 18)
Fund 3959 FY 2005 Org 0402
Personal Services 001 $ 661,719
Annual Increment 004 7,350
Employee Benefits 010 230,170
Unclassified 099 __________264,099
Total $ 1,163,338
The above appropriation for the administrative expenses of the
school building authority shall be paid from the interest earnings on
debt service reserve accounts maintained on behalf of said authority.
- --State Department of Education--
FFA-FHA Camp and Conference Center
(WV Code Chapter 18)
Fund 3960 FY 2005 Org 0402
Personal Services 001 $ 800,000
Annual Increment 004 12,800
Employee Benefits 010 280,693
Unclassified 099 __________906,507
Total $ 2,000,000
DEPARTMENT OF EDUCATION AND THE ARTS
- --Office of the Secretary--
Lottery Education Fund Interest Earnings
Control Account
(WV Code Chapter 29)
Fund 3508 FY 2005 Org 0431
EPSCoR--Total 651 $ 300,000
Any unexpended balances remaining in the appropriations for
Unclassified--Total (fund 3508, activity 096), Research Challenge
(fund 3508, activity 502) and EPSCoR (fund 3508, activity 571) at the
close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005.
- --Division of Culture and History--
Public Records and Preservation Revenue Fund
(WV Code Chapter 5A)
Fund 3542 FY 2005 Org 0432
Unclassified--Total 096 $ 500,000
- --State Board of Rehabilitation--
Division of Rehabilitation Services--
West Virginia Rehabilitation Center
Special Account
(WV Code Chapter 18)
Fund 8664 FY 2005 Org 0932
Unclassified 099 $ 2,802,182
Workshop Development 163 450,000
Workshop-Supported Employment 484 __________50,000
Total $ 3,302,182
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- --Board of Barbers and Cosmetologists
(WV Code Chapters 16 and 30)
Fund 5425 FY 2005 Org 0505
Personal Services 001 $ 235,246
Annual Increment 004 4,861
Employee Benefits 010 96,500
Unclassified 099 __________107,591
Total $ 444,198
The total amount of this appropriation shall be paid from a
special revenue fund out of collections made by the board of barbers
and cosmetologists as provided by law.
- --West Virginia Board of Medicine
(WV Code Chapter 30)
Fund 5106 FY 2005 Org 0506
Unclassified--Total 096 $ 1,170,080
- --Division of Health--
Tobacco Settlement Expenditure Fund
(WV Code Chapter 4)
Fund 5124 FY 2005 Org 0506
ABCA Tobacco Retailer Education
Program--Transfer 239 $ 200,000
Institutional Facilities
Operations (R) 335 19,549,408
Tobacco Education Program (R) 906 __________5,650,592
Total $ 25,400,000
Any unexpended balances remaining in the above appropriations for
Institutional Facilities Operations (fund 5124, activity 335) and
Tobacco Education Program (fund 5124, activity 906) at the close of
the fiscal year 2004 are hereby reappropriated for expenditure during
the fiscal year 2005.
From the above appropriation for ABCA Tobacco Retailer Education
Program--Transfer, $200,000 shall be transferred to the Alcohol
Beverage Control Administration (fund 7352, org 0708) for expenditure.
The secretary of the department of health and human resources,
prior to the beginning of the fiscal year, shall file with the
legislative auditor and the department of revenue an expenditure
schedule for each formerly separate spending unit which has been
consolidated into the above account and which receives a portion of
the above appropriation for Institutional Facilities Operations. The
secretary shall also, within fifteen days after the close of the
six-month period of said fiscal year, file with the legislative
auditor and the department of revenue an itemized report of
expenditures made during the preceding six-month period.
Additional funds have been appropriated in fund 0525, fiscal year
2005, organization 0506, and fund 5156, fiscal year 2005, organization
0506, for the operation of the institutional facilities. The secretary of the department of health and human resources is
authorized to utilize up to ten percent of the funds from the
Institutional Facilities Operations line item to facilitate cost-
effective and cost-saving services at the community level.
From the above appropriation to Institutional Facilities
Operations, together with available funds from the Division of Health-
-Hospital Services Revenue Account (fund 5156, activity 335) and
consolidated medical services fund (fund 0525, activity 335), on July
1, 2004, the sum of $160,000 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.
- --Division of Health--
Vital Statistics
(WV Code Chapter 16)
Fund 5144 FY 2005 Org 0506
Personal Services 001 $ 263,211
Annual Increment 004 8,553
Employee Benefits 010 113,319
Unclassified. 099 __________100,354
Total $ 485,437
- --Division of Health--
Hospital Services Revenue Account
(Special Fund)
(Capital Improvement, Renovation and Operations)
(WV Code Chapter 16)
Fund 5156 FY 2005 Org 0506
Debt Service (R) 040 $ 2,420,000
Institutional Facilities
Operations (R) 335 38,671,470
Medical Services Trust Fund--
Transfer (R) 512 __________23,300,000
Total $ 64,391,470
Any unexpended balance remaining in the appropriation for
hospital services revenue account at the close of the fiscal year 2004
is hereby reappropriated for expenditure during the fiscal year 2005,
except for fund 5156, activity 040 (fiscal year 2003) which shall
expire on June 30, 2004.
The total amount of this appropriation shall be paid from the
hospital services revenue account special fund created by section
fifteen-a, article one, chapter sixteen of the code and shall be used
for operating expenses and for improvements in connection with
existing facilities and bond payments.
The secretary of the department of health and human resources is
authorized to utilize up to ten percent of the funds from the
appropriation for Institutional Facilities Operations line item to
facilitate cost-effective and cost-saving services at the community
level.
Necessary funds from the above appropriation may be used for
medical facilities operations, either in connection with this account
or in connection with the line item designated Institutional
Facilities Operations in the Consolidated Medical Service Fund (fund
0525, fiscal year 2005, organization 0506) and the Tobacco Settlement
Expenditure Fund (fund 5124, fiscal year 2005, organization 0506).
From the above appropriation to Institutional Facilities
Operations, together with available funds from the Consolidated
Medical Services Fund (fund 0525, activity 335) and the Tobacco
Settlement Expenditure Fund (fund 5124, activity 335), on July 1,
2004, the sum of $160,000 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.
- --Division of Health--
Laboratory Services
(WV Code Chapter 16)
Fund 5163 FY 2005 Org 0506
Personal Services 001 $ 502,830
Annual Increment 004 10,310
Employee Benefits 010 198,208
Unclassified 099 __________125,448
Total $ 836,796
- --Division of Health--
Health Facility Licensing
(WV Code Chapter 16)
Fund 5172 FY 2005 Org 0506
Personal Services 001 $ 201,430
Annual Increment 004 3,000
Employee Benefits 010 72,220
Unclassified 099 __________96,362
Total $ 373,012
- --Division of Health--
Hepatitis B Vaccine
(WV Code Chapter 16)
Fund 5183 FY 2005 Org 0506
Personal Services 001 $ 56,071
Annual Increment 004 1,380
Employee Benefits 010 20,574
Unclassified 099 __________2,996,821
Total $ 3,074,846
- --Division of Health--
Lead Abatement Fund
(WV Code Chapter 16)
Fund 5204 FY 2005 Org 0506
Unclassified--Total 096 $ 20,000
- --Division of Health--
West Virginia Birth-to-Three Fund
(WV Code Chapter 16)
Fund 5214 FY 2005 Org 0506
Personal Services 001 $ 500,000
Annual Increment 004 4,000
Employee Benefits 010 192,276
Unclassified 099 __________20,303,724
Total $ 21,000,000
- --West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 5375 FY 2005 Org 0507
Personal Services 001 $ 2,010,764
Annual Increment 004 22,500
Employee Benefits 010 601,545
Hospital Assistance 025 600,000
Unclassified 099 __________3,346,482
Total $ 6,581,291
The above appropriation is to be expended in accordance with and
pursuant to the provisions of article twenty-nine-b, chapter sixteen
of the code and from the special revolving fund designated health care
cost review fund.
- --Division of Human Services--
Health Care Provider Tax
(WV Code Chapter 11)
Fund 5090 FY 2005 Org 0511
Unclassified--Total 096 $ 144,535,538
From the above appropriation, an amount not to exceed $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.
- --Division of Human Services--
Child Support Enforcement
(WV Code Chapter 48A)
Fund 5094 FY 2005 Org 0511
Unclassified--Total (R) 096 $ 30,781,971
Any unexpended balance remaining in the appropriation for
Unclassified--Total (fund 5094, activity 096) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- --Division of Human Services--
Medical Services Trust Fund
(WV Code Chapter 9)
Fund 5185 FY 2005 Org 0511
Unclassified 099 $ 27,877,927
Eligibility Expansion 582 1,958,066
Public Employees Insurance
Reserve Fund--Transfer 903 __________7,000,000
Total $ 36,835,993
The above appropriation to Unclassified shall be used to provide
state match of medicaid expenditures as defined and authorized in
subsection (c), 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.
From the above appropriation, Public Employees Insurance Reserve
Fund--Transfer, $1,000,000 shall be expended for the Sole Community
Hospitals/Medicare Dependent Hospitals Under 100 Beds. These funds
shall be used as additional state match to establish cost-based
reimbursement.
- --Division of Human Services--
James "Tiger" Morton Catastrophic Illness Fund
(WV Code Chapter 16)
Fund 5454 FY 2005 Org 0511
Unclassified--Total 096 $ 1,700,000
- -Family Protection Services Board--
Domestic Violence Legal Services Fund
(WV Code Chapter 48)
Fund 5455 FY 2005 Org 0511
Unclassified--Total 096 $ 622,245
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
- --Department of Military Affairs and Public Safety--
Office of the Secretary--
Law-Enforcement, Safety and
Emergency Worker Funeral
Expense Payment Fund
(WV Code Chapter 15)
Fund 6003 FY 2005 Org 0601
Unclassified--Total 096 $ 20,000
- --State Armory Board--
General Armory Fund
(WV Code Chapter 15)
Fund 6057 FY 2005 Org 0603
Unclassified--Total 096 $ 480,000
- --West Virginia Division of Corrections--
Parolee Supervision Fees
(WV Code Chapter 62)
Fund 6362 FY 2005 Org 0608
Personal Services 001 $ 116,774
Annual Increment 004 1,651
Employee Benefits 010 52,130
Unclassified 099 __________234,989
Total $ 405,544
- --West Virginia State Police--
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)
Fund 6501 FY 2005 Org 0612
Personal Services 001 $ 1,112,117
Annual Increment 004 12,650
Employee Benefits 010 380,623
Unclassified 099 491,797
BRIM Premium 913 __________247,888
Total $ 2,245,075
The total amount of this appropriation shall be paid from the
special revenue fund out of fees collected for inspection stickers as
provided by law.
- --West Virginia State Police--
Drunk Driving Prevention Fund
(WV Code Chapter 15)
Fund 6513 FY 2005 Org 0612
Unclassified 099 $ 1,156,317
BRIM Premium 913 __________126,595
Total $ 1,282,912
The total amount of this appropriation shall be paid from the
special revenue fund out of receipts collected pursuant to sections
nine-a and sixteen, article fifteen, chapter eleven of the code and
paid into a revolving fund account in the state treasury.
- --West Virginia State Police--
Surplus Real Property Proceeds Fund
(WV Code Chapter 15)
Fund 6516 FY 2005 Org 0612
Unclassified 099 $ 454,475
BRIM Premium 913 __________63,294
Total $ 517,769
Contingent upon the purchase of property vacated by Shawnee
Hills, Inc., and the reimbursement of funding from the regional jail
and correctional facility authority for the cost and acquisition of
the same property, from the cash balance available, the amount of
$1,200,000 may be transferred to fund 6519, fiscal year 2005,
organization 0612, as reimbursement for funds transferred by
legislative action during fiscal year 2003.
- --West Virginia State Police--
Surplus Transfer Account
(WV Code Chapter 15)
Fund 6519 FY 2005 Org 0612
Unclassified (R) 099 $ 339,774
BRIM Premium 913 __________44,312
Total $ 384,086
Any unexpended balance remaining in the appropriation for
Unclassified (fund 6519, activity 099) at the close of the fiscal year
2004 is hereby reappropriated for expenditure during the fiscal year
2005.
- --West Virginia State Police--
Central Abuse Registry Fund
(WV Code Chapter 15)
Fund 6527 FY 2005 Org 0612
Unclassified 099 $ 204,989
BRIM Premium 913 __________15,182
Total $ 220,171
- --West Virginia State Police--
Bail Bond Enforcer Fund
(WV Code Chapter 15)
Fund 6532 FY 2005 Org 0612
Unclassified--Total 096 $ 3,500
- --Division of Veterans' Affairs--
Veterans' Facilities Support Fund
(WV Code Chapter 19A)
Fund 6703 FY 2005 Org 0613
Unclassified--Total 096 $ 3,100,000
- --Regional Jail and Correctional
Facility Authority
(WV Code Chapter 31)
Fund 6675 FY 2005 Org 0615
Personal Services 001 $ 1,213,846
Annual Increment 004 16,550
Employee Benefits 010 406,374
Debt Service 040 9,000,000
Unclassified 099 __________672,230
Total $ 11,309,000
The Legislature reasonably expects the West Virginia regional
jail and correctional facility authority to reimburse the West
Virginia state police for the cost of the acquisition of the
approximate 32 acres and three buildings situated along Academy Drive, Institute, West Virginia, and abutting the West Virginia state police
academy from proceeds of bonds issued by the West Virginia economic
development authority on behalf of the West Virginia regional jail and
correctional facility authority, anticipated to be issued during
fiscal year 2005. The source of original payment for the land
acquisition was fund 6516, organization 0612, and upon issuance of the
bonds, proceeds thereof not to exceed the amount of such capital
expenditures will be applied to reimbursement of fund 6516,
organization 0612, from the appropriate account(s) or fund(s) from the
West Virginia regional jail and correctional facility authority or its
trustee. The maximum amount of such reimbursement is $1,500,000 and
the maximum principal amount of bonds to be issued for design,
acquisition, construction and equipping of the regional jail and
economic development authority projects is $50,000,000.
- --Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 19A)
Fund 6754 FY 2005 Org 0618
Unclassified--Total 096 $ 466,000
- --Fire Commission--
Fire Marshal Fees
(WV Code Chapter 29)
Fund 6152 FY 2005 Org 0619
Personal Services 001 $ 1,900,000
Annual Increment 004 18,000
Employee Benefits 010 672,000
Unclassified 099 644,722
BRIM Premium 913 __________50,000
Total $ 3,284,722
Any unexpended cash balance remaining in fund 6152 at the close
of the fiscal year 2004 is hereby available for expenditure as part of
the fiscal year 2005 appropriation.
- --Division of Criminal Justice Services--
West Virginia Community Corrections Fund
(WV Code Chapter 62)
Fund 6386 FY 2005 Org 0620
Unclassified--Total 096 $ 2,000,000
- --Criminal Justice Services--
Court Security Fund
(Executive Order)
Fund 6804 FY 2005 Org 0620
Unclassified--Total 096 $ 1,050,000
DEPARTMENT OF REVENUE
- --Division of Banking
(WV Code Chapter 31A)
Fund 3041 FY 2005 Org 0303
Personal Services 001 $ 1,537,881
Annual Increment 004 14,000
Employee Benefits 010 430,695
Unclassified 099 __________680,988
Total $ 2,663,564
- --Tax Division--
Cemetery Company Account
(WV Code Chapter 35)
Fund 7071 FY 2005 Org 0702
Personal Services 001 $ 17,274
Annual Increment 004 150
Employee Benefits 010 5,870
Unclassified 099 __________9,633
Total $ 32,927
- --Tax Division--
Special Audit and Investigative Unit
(WV Code Chapter 11)
Fund 7073 FY 2005 Org 0702
Personal Services 001 $ 830,304
Annual Increment 004 17,500
Employee Benefits 010 308,900
Unclassified 099 __________322,186
Total $ 1,478,890
- --State Budget Office--
Public Employees Insurance Reserve Fund
(WV Code Chapter 11B)
Fund 7400 FY 2005 Org 0703
Public Employees Insurance
Reserve Fund--Transfer 903 $ 7,000,000
The above appropriation for Public Employees Insurance Reserve
Fund--Transfer shall be transferred to the Medical Services Trust Fund
(fund 5185, org 0511) for expenditure.
- --Insurance Commissioner--
Examination Revolving Fund
(WV Code Chapter 33)
Fund 7150 FY 2005 Org 0704
Personal Services 001 $ 556,330
Annual Increment 004 3,000
Employee Benefits 010 152,738
Unclassified 099 __________487,742
Total $ 1,199,810
- --Insurance Commissioner--
Consumer Advocate
(WV Code Chapter 33)
Fund 7151 FY 2005 Org 0704
Personal Services 001 $ 331,028
Annual Increment 004 4,050
Employee Benefits 010 92,344
Unclassified 099 __________103,149
Total $ 530,571
- --Insurance Commissioner
(WV Code Chapter 33)
Fund 7152 FY 2005 Org 0704
Personal Services 001 $ 2,996,953
Annual Increment 004 42,000
Employee Benefits 010 977,860
Unclassified 099 __________1,338,194
Total $ 5,355,007
The total amount of this appropriation shall be paid from a
special revenue fund out of collections of fees and charges as
provided by law.
- --Racing Commission--
Relief Fund
(WV Code Chapter 19)
Fund 7300 FY 2005 Org 0707
Medical Expenses--Total 245 $ 57,000
The total amount of this appropriation shall be paid from the
special revenue fund out of collections of license fees and fines as
provided by law.
No expenditures shall be made from this account except for
hospitalization, medical care and/or funeral expenses for persons
contributing to this fund.
- --Racing Commission--
Administration and Promotion
(WV Code Chapter 19)
Fund 7304 FY 2005 Org 0707
Personal Services 001 $ 66,444
Annual Increment 004 1,000
Employee Benefits 010 24,152
Unclassified 099 __________47,358
Total $ 138,954
- --Racing Commission--
General Administration
(WV Code Chapter 19)
Fund 7305 FY 2005 Org 0707
Personal Services 001 $ 1,770,000
Annual Increment 004 20,250
Employee Benefits 010 459,000
Unclassified 099 __________533,796
Total $ 2,783,046
- --Racing Commission--
Administration, Promotion and Education Fund
(WV Code Chapter 19)
Fund 7307 FY 2005 Org 0707
Unclassified--Total 096 $ 65,000
- --Alcohol Beverage Control Administration--
Wine License Special Fund
(WV Code Chapter 60)
Fund 7351 FY 2005 Org 0708
Personal Services 001 $ 224,718
Annual Increment 004 4,000
Employee Benefits 010 88,780
Unclassified 099 __________145,292
Total $ 462,790
To the extent permitted by law, four classified-exempt positions
shall be provided from Personal Services line item for field auditors.
- --Alcohol Beverage Control Administration
(WV Code Chapter 60)
Fund 7352 FY 2005 Org 0708
Personal Services 001 $ 3,585,014
Annual Increment 004 79,000
Employee Benefits 010 1,341,893
Unclassified (R) 099 __________1,855,070
Total $ 6,860,977
Any unexpended balance remaining in Unclassified (fund 7352,
activity 099) at the close of the fiscal year 2004 is hereby reappropriated for expenditure during the fiscal year 2005.
From the above appropriation, an amount of $500,000 shall be used
for the tobacco/alcohol education program.
The total amount of this appropriation shall be paid from a
special revenue fund out of liquor revenues.
The above appropriation includes the salary of the commissioner
and the salaries, expenses and equipment of administrative offices,
warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to
the above appropriation, the necessary amount for the purchase of
liquor as provided by law.
DEPARTMENT OF TRANSPORTATION
- --Division of Motor Vehicles--
Driver's License Reinstatement Fund
(WV Code Chapter 17B)
Fund 8213 FY 2005 Org 0802
Personal Services 001 $ 439,810
Annual Increment 004 6,500
Employee Benefits 010 202,704
Unclassified 099 __________276,708
Total $ 925,722
- --Division of Motor Vehicles--
Driver Rehabilitation
(WV Code Chapter 17C)
Fund 8214 FY 2005 Org 0802
Unclassified--Total 096 $ 182,194
- --Division of Motor Vehicles--
Insurance Certificate Fees
(WV Code Chapter 20)
Fund 8215 FY 2005 Org 0802
Personal Services 001 $ 621,000
Annual Increment 004 15,850
Employee Benefits 010 275,533
Unclassified 099 __________31,078
Total $ 943,461
- --Division of Motor Vehicles--
Motorboat Licenses
(WV Code Chapter 20)
Fund 8216 FY 2005 Org 0802
Unclassified--Total 096 $ 397,704
- --Division of Motor Vehicles--
Returned Check Fees
(WV Code Chapter 17)
Fund 8217 FY 2005 Org 0802
Unclassified--Total 096 $ 16,000
- --Division of Motor Vehicles--
Dealer Recovery Fund
(WV Code Chapter 17)
Fund 8220 FY 2005 Org 0802
Unclassified--Total 096 $ 200,000
- --Division of Highways-
A. James Manchin Fund
(WV Code Chapter 17)
Fund 8319 FY 2005 Org 0803
Unclassified--Total 096 $ 3,625,000
BUREAU OF COMMERCE
- --Division of Forestry
(WV Code Chapter 19)
Fund 3081 FY 2005 Org 0305
Personal Services 001 $ 343,845
Annual Increment 004 7,250
Employee Benefits 010 146,854
Unclassified 099 __________452,519
Total $ 950,468
- --Division of Forestry--
Timberland Enforcement Operations
(WV Code Chapter 19)
Fund 3082 FY 2005 Org 0305
Unclassified--Total 096 $ 150,000
- --Division of Forestry--
Severance Tax Operations
(WV Code Chapter 11)
Fund 3084 FY 2005 Org 0305
Unclassified--Total 096 $ 2,953,665
- --Geological and Economic Survey
(WV Code Chapter 29)
Fund 3100 FY 2005 Org 0306
Personal Services 001 $ 42,818
Annual Increment 004 406
Employee Benefits 010 7,683
Unclassified 099 __________177,249
Total $ 228,156
The above appropriation shall be used in accordance with section
four, article two, chapter twenty-nine of the code.
- --West Virginia Development Office--
Energy Assistance
(WV Code Chapter 5B)
Fund 3144 FY 2005 Org 0307
Any unexpended balance remaining in the appropriation for Energy
Assistance--Total (fund 3144, activity 647) at the close of the fiscal
year 2004 is hereby reappropriated for expenditure during the fiscal
year 2005.
- --West Virginia Development Office--
Office of Coalfield Community Development
(WV Code Chapter 5B)
Fund 3162 FY 2005 Org 0307
Unclassified--Total (R) 096 $ 730,000
Any unexpended balance remaining in the above appropriation for
Unclassified--Total (fund 3162, activity 096) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- --Division of Labor--
Contractor Licensing Board Fund
(WV Code Chapter 21)
Fund 3187 FY 2005 Org 0308
Personal Services 001 $ 940,540
Annual Increment 004 13,090
Employee Benefits 010 395,070
Unclassified 099 __________542,986
Total $ 1,891,686
- --Division of Labor--
Elevator Safety Act
(WV Code Chapter 21)
Fund 3188 FY 2005 Org 0308
Personal Services 001 $ 162,700
Annual Increment 004 1,723
Employee Benefits 010 68,067
Unclassified 099 __________83,571
Total $ 316,061
- --Division of Labor--
Crane Operator Certification Fund
(WV Code Chapter 21)
Fund 3191 FY 2005 Org 0308
Unclassified--Total 096 $ 115,031
- --Division of Labor--
Amusement Rides/Amusement Attraction Safety Fund
(WV Code Chapter 21)
Fund 3192 FY 2005 Org 0308
Unclassified--Total 096 $ 101,135
- --Division of Natural Resources
(WV Code Chapter 20)
Fund 3200 FY 2005 Org 0310
Wildlife Resources 023 $ 6,074,534
Administration 155 1,656,690
Capital Improvements and
Land Purchase (R) 248 1,260,000
Radio System--Law Enforcement 058 265,000
Law Enforcement 806 __________6,074,534
Total $ 15,330,758
The total amount of this appropriation shall be paid from a
special revenue fund out of fees collected by the division of natural
resources.
Any unexpended balances remaining in the appropriations for Point
of Sale Licensing System (fund 3200, activity 043) and Capital
Improvements and Land Purchase (fund 3200, activity 248) at the close
of the fiscal year 2004 are hereby reappropriated for expenditure
during the fiscal year 2005.
- --Division of Natural Resources--
Game, Fish and Aquatic Life Fund
(WV Code Chapter 20)
Fund 3202 FY 2005 Org 0310
Unclassified--Total 096 $ 20,000
- --Division of Natural Resources--
Nongame Fund
(WV Code Chapter 20)
Fund 3203 FY 2005 Org 0310
Personal Services 001 $ 237,855
Annual Increment 004 1,700
Employee Benefits 010 83,470
Unclassified 099 __________293,727
Total $ 616,752
- --Division of Natural Resources--
Planning and Development Division
(WV Code Chapter 20)
Fund 3205 FY 2005 Org 0310
Personal Services 001 $ 234,568
Annual Increment 004 6,400
Employee Benefits 010 89,039
Unclassified 099 __________162,031
Total $ 492,038
- --Division of Natural Resources--
Whitewater Study and Improvement Fund
(WV Code Chapter 20)
Fund 3253 FY 2005 Org 0310
Unclassified--Total 096 $ 185,000
- --Division of Natural Resources--
Recycling Assistance Fund
(WV Code Chapter 20)
Fund 3254 FY 2005 Org 0310
Personal Services 001 $ 233,206
Annual Increment 004 3,255
Employee Benefits 010 107,520
Unclassified (R) 099 __________2,300,019
Total $ 2,644,000
Any unexpended balance remaining in the appropriation for
Unclassified (fund 3254, activity 099) at the close of the fiscal year
2004 is hereby reappropriated for expenditure during the fiscal year
2005.
- --Division of Natural Resources--
Whitewater Advertising and Promotion Fund
(WV Code Chapter 20)
Fund 3256 FY 2005 Org 0310
Unclassified--Total 096 $ 20,000
- --Miners' Health, Safety and Training
Fund
(WV Code Chapter 22A)
Fund 3355 FY 2005 Org 0314
Personal Services 001 $ 400,300
Employee Benefits 010 138,000
Unclassified 099 851,700
WV Mining Extension Service 026 __________150,000
Total $ 1,540,000
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- --Solid Waste Management Board
(WV Code Chapter 20)
Fund 3288 FY 2005 Org 0312
Personal Services 001 $ 631,515
Annual Increment 004 3,250
Employee Benefits 010 191,400
Unclassified 099 __________1,893,883
Total $ 2,720,048
- --Division of Environmental Protection--
Hazardous Waste Management Fund
(WV Code Chapter 22)
Fund 3023 FY 2005 Org 0313
Unclassified--Total 096 $ 100,000
- --Division of Environmental Protection--
Special Reclamation Trust Fund
(WV Code Chapter 22A)
Fund 3321 FY 2005 Org 0313
Personal Services 001 $ 1,190,610
Annual Increment 004 9,650
Employee Benefits 010 409,417
Unclassified 099 __________17,215,791
Total $ 18,825,468
- --Division of Environmental Protection--
Oil and Gas Reclamation Trust
(WV Code Chapter 22B)
Fund 3322 FY 2005 Org 0313
Unclassified--Total 096 $ 200,000
- --Division of Environmental Protection--
Oil and Gas Operating Permits
(WV Code Chapter 22B)
Fund 3323 FY 2005 Org 0313
Personal Services 001 $ 326,253
Annual Increment 004 2,350
Employee Benefits 010 111,114
Unclassified 099 __________521,185
Total $ 960,902
- --Division of Environmental Protection--
Mining and Reclamation Operations Fund
(WV Code Chapter 22)
Fund 3324 FY 2005 Org 0313
Personal Services 001 $ 4,882,259
Annual Increment 004 57,153
Employee Benefits 010 1,580,684
Unclassified 099 __________1,936,218
Total $ 8,456,314
- --Division of Environmental Protection--
Underground Storage Tanks--
Administrative Fund
(WV Code Chapter 20)
Fund 3325 FY 2005 Org 0313
Personal Services 001 $ 326,988
Annual Increment 004 3,575
Employee Benefits 010 127,429
Unclassified 099 __________73,415
Total $ 531,407
- --Division of Environmental Protection--
Hazardous Waste Emergency and Response Fund
(WV Code Chapter 20)
Fund 3331 FY 2005 Org 0313
Personal Services 001 $ 498,485
Annual Increment 004 7,775
Employee Benefits 010 177,428
Unclassified 099 __________940,408
Total $ 1,624,096
- --Division of Environmental Protection--
Solid Waste Reclamation and
Environmental Response Fund
(WV Code Chapter 20)
Fund 3332 FY 2005 Org 0313
Personal Services 001 $ 238,196
Annual Increment 004 1,900
Employee Benefits 010 73,084
Unclassified 099 __________1,008,156
Total $ 1,321,336
- --Division of Environmental Protection--
Solid Waste Enforcement Fund
(WV Code Chapter 20)
Fund 3333 FY 2005 Org 0313
Personal Services 001 $ 1,596,773
Annual Increment 004 23,700
Employee Benefits 010 552,718
Unclassified 099 ________1,237,849
Total $ 3,411,040
- --Division of Environmental Protection--
Fees and Operating Expenses
(WV Code Chapter 16)
Fund 3336 FY 2005 Org 0313
Personal Services 001 $ 3,780,910
Annual Increment 004 32,875
Employee Benefits 010 1,129,486
Unclassified 099 __________2,040,172
Total $ 6,983,443
- --Division of Environmental Protection--
Environmental Laboratory
Certification Fund
(WV Code Chapter 22)
Fund 3340 FY 2005 Org 0313
Personal Services 001 $ 128,772
Annual Increment 004 2,150
Employee Benefits 010 48,532
Unclassified 099 __________192,388
Total $ 371,842
- --Division of Environmental Protection--
Stream Restoration Fund
Fund 3349 FY 2005 Org 0313
Unclassified--Total 096 $ 1,000,000
- --Division of Environmental Protection--
Mountaintop Removal Fund
(WV Code Chapter 22)
Fund 3490 FY 2005 Org 0313
Unclassified--Total 096 $ 1,415,856
- --Oil and Gas Conservation Commission
(WV Code Chapter 22)
Fund 3371 FY 2005 Org 0315
Personal Services 001 $ 154,869
Annual Increment 004 2,000
Employee Benefits 010 32,226
Unclassified 099 __________45,862
Total $ 234,957
HIGHER EDUCATION POLICY COMMISSION
- --Higher Education Policy Commission--
System--
Registration Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4902 FY 2005 Org 0442
Debt Service (R) 040 $ 4,822,241
General Capital Expenditures (R) 306 __________500,000
Total $ 5,322,241
Any unexpended balances remaining in the appropriations at the
close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005, with the exception of fund
4902, fiscal year 1987, activity 338, which shall expire on June 30,
2004.
The total amount of this appropriation shall be paid from the
special capital improvement fund created in section eight, article
ten, chapter eighteen-b of the code. Projects are to be paid on a
cash basis and made available from the date of passage.
The above appropriations, except for debt service, may be
transferred to special revenue funds for capital improvement projects
at the institutions.
- --Higher Education Policy Commission--
System--
Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4903 FY 2005 Org 0442
Debt Service (R) 040 $ 13,774,581
General Capital Expenditures (R) 306 500,000
Facilities Planning
and Administration (R) 386 __________387,975
Total $ 14,662,556
Any unexpended balances remaining in the appropriations at the
close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005, with the exception of fund
4903, fiscal year 2002, activity 040, fund 4903, fiscal year 1991,
activity 259, fund 4903, fiscal year 2000, activity 259, fund 4903,
fiscal year 1985, activity 353, and fund 4903, fiscal year 1993,
activity 457, which shall expire on June 30, 2004.
The total amount of this appropriation shall be paid from the
special capital improvement fund created in article twelve-b, chapter
eighteen of the code. Projects are to be paid on a cash basis and
made available from the date of passage.
The above appropriations, except for debt service, may be
transferred to special revenue funds for capital improvement projects
at the institutions.
- --Higher Education Policy Commission--
1977 State System Registration Fee Refund Revenue
Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4905 FY 2005 Org 0442
Capital Outlay--Total 321 $ 10,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for expenditure
during the fiscal year 2005.
The appropriation shall be paid from available unexpended cash
balances and interest earnings accruing to the fund. The
appropriation shall be expended at the discretion of the higher
education policy commission and the funds may be allocated to any
institution within the system.
The total amount of this appropriation shall be paid from the
unexpended proceeds of revenue bonds previously issued pursuant to
section eight, article ten, chapter eighteen-b of the code, which have
since been refunded.
- --Higher Education Policy Commission--
Tuition Fee Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4906 FY 2005 Org 0442
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for expenditure
during the fiscal year 2005, with the exception of fund 4906, fiscal
year 2000, activity 511, which shall expire on June 30, 2004.
The appropriation shall be paid from available unexpended cash
balances and interest earnings accruing to the fund. The
appropriation shall be expended at the discretion of the higher
education policy commission and the funds may be allocated to any
institution within the system.
The total amount of this appropriation shall be paid from the
unexpended proceeds of revenue bonds previously issued pursuant to
section eight, article twelve-b, chapter eighteen of the code, which
have since been refunded.
- --Health Sciences--
West Virginia University Health Sciences Center
(WV Code Chapters 18 and 18B)
Fund 4179 FY 2005 Org 0463
Unclassified--Total (R) 096 $ 15,359,466
Any unexpended balance remaining in the appropriation for the
West Virginia University Health Sciences Center at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- --Higher Education Policy Commission--
Fairmont State College
(WV Code Chapters 18 and 18B)
Fund 4457 FY 2005 Org 0484
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for expenditure
during the fiscal year 2005.
MISCELLANEOUS BOARDS AND COMMISSIONS
- --Workers' Compensation Fund
(WV Code Chapter 23)
Fund 3440 FY 2005 Org 0322
Personal Services 001 $ 31,400,673
Annual Increment 004 501,653
Employee Benefits 010 11,825,710
Unclassified (R) 099 22,531,695
Employer Excess Liability Fund . 226 __________117,197
Total $ 66,376,928
Any unexpended balances remaining in the appropriations for
Unclassified (fund 3440, activity 099) and Technology Improvements
(fund 3440, activity 599) at the close of the fiscal year 2004 are
hereby reappropriated for expenditure during the fiscal year 2005.
- --Hospital Finance Authority
(WV Code Chapter 16)
Fund 5475 FY 2005 Org 0509
Personal Services 001 $ 46,024
Annual Increment 004 700
Employee Benefits 010 16,663
Unclassified 099 __________36,613
Total $ 100,000
The total amount of this appropriation shall be paid from the
special revenue fund out of fees and collections as provided by
article twenty-nine-a, chapter sixteen of the code.
- --Municipal Bond Commission
(WV Code Chapter 13)
Fund 7253 FY 2005 Org 0706
Personal Services 001 $ 161,262
Annual Increment 004 4,300
Employee Benefits 010 58,713
Unclassified 099 __________81,890
Total $ 306,165
- --West Virginia State Board of Examiners
for Licensed Practical Nurses
(WV Code Chapter 30)
Fund 8517 FY 2005 Org 0906
Unclassified--Total 096 $ 363,090
- --West Virginia Board of Examiners
for Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2005 Org 0907
Unclassified--Total 096 $ 882,136
- --Public Service Commission
(WV Code Chapter 24)
Fund 8623 FY 2005 Org 0926
Personal Services 001 $ 7,916,582
Annual Increment 004 130,000
Employee Benefits 010 2,671,106
Unclassified 099 2,313,705
Weight Enforcement Program 345 4,566,000
Debt Payment/Capital Outlay 520 350,000
BRIM Premium 913 __________139,752
Total $ 18,087,145
The total amount of this appropriation except for the PSC Weight
Enforcement appropriation (activity 345) shall be paid from a special
revenue fund out of collection for special license fees from public
service corporations as provided by law. The amount appropriated to
the PSC Weight Enforcement (activity 345) shall be paid from the state
road fund as provided by law.
The public service commission is authorized to spend up to $500,000, from surplus funds in this account, to meet the expected
deficiencies in the motor carrier division account due to passage of
enrolled house bill no. 2715, regular session, 1997.
- --Public Service Commission--
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8624 FY 2005 Org 0926
Personal Services 001 $ 152,476
Annual Increment 004 5,556
Employee Benefits 010 53,791
Unclassified 099 __________84,849
Total $ 296,672
The total amount of this appropriation shall be paid from a
special revenue fund out of receipts collected for or by the public
service commission pursuant to and in the exercise of regulatory
authority over pipeline companies as provided by law.
- --Public Service Commission--
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8625 FY 2005 Org 0926
Personal Services 001 $ 1,582,433
Annual Increment 004 40,000
Employee Benefits 010 577,313
Unclassified 099 __________545,361
Total $ 2,745,107
The total amount of this appropriation shall be paid from a
special revenue fund out of receipts collected for or by the public service commission pursuant to and in the exercise of regulatory
authority over motor carriers as provided by law.
- --Public Service Commission--
Consumer Advocate
(WV Code Chapter 24)
Fund 8627 FY 2005 Org 0926
Personal Services 001 $ 505,577
Annual Increment 004 6,650
Employee Benefits 010 147,177
Unclassified 099 275,573
BRIM Premium 913 __________3,570
Total $ 938,547
The total amount of this appropriation shall be paid from a
special revenue fund out of collections made by the public service
commission.
- --Real Estate Commission
(WV Code Chapter 30)
Fund 8635 FY 2005 Org 0927
Personal Services 001 $ 360,695
Annual Increment 004 6,200
Employee Benefits 010 115,700
Unclassified 099 __________236,826
Total $ 719,421
The total amount of this appropriation shall be paid out of
collections of license fees as provided by law.
- --West Virginia Board of Examiners for
Speech-Language Pathology and Audiology
(WV Code Chapter 30)
Fund 8646 FY 2005 Org 0930
Unclassified--Total 096 $ 60,000
- --West Virginia Board of Respiratory Care
(WV Code Chapter 30)
Fund 8676 FY 2005 Org 0935
Unclassified--Total 096 $ 104,650
- --West Virginia Board of Licensed Dietitians
Fund 8680 FY 2005 Org 0936
Unclassified--Total 096 $ 20,000
- --Massage Therapy Licensure Board
(WV Code Chapter 30)
Fund 8671 FY 2005 Org 0938
Unclassified--Total 096 $_________80,000
Total TITLE II, Section 3--
Other Funds ______$ 679,853,194
_______________Sec. 4. Appropriations from lottery net profits.--Net profits of
the lottery are to be deposited by the director of the lottery to the
following accounts in the amounts indicated. The director of the
lottery shall prorate each deposit of net profits in the proportion
the appropriation for each account bears to the total of the
appropriations for all accounts.
After first satisfying the requirements for fund 2252 and fund
3963 pursuant to section eighteen, article twenty-two, chapter twenty-
nine of the code, the director of the lottery shall make available
from the remaining net profits of the lottery any amounts needed to
pay debt service for which the appropriation is made for fund 3167 and is authorized to transfer any such amounts to fund 3167 for that
purpose. Upon receipt of reimbursement of amounts so transferred, the
director of the lottery shall deposit the reimbursement amounts to the
following accounts as required by this section.
- --Education, Arts, Sciences and Tourism--
Debt Service Fund
(WV Code Chapter 5)
Fund 2252 FY 2005 Org 0211
_______________________________________________________________ Lottery
Activity Funds
Debt Service--Total 310 $ 10,000,000
- --West Virginia Development Office--
Division of Tourism
(WV Code Chapter 5B)
Fund 3067 FY 2005 Org 0304
Unclassified--Total 096 $ -0-
Tourism--Telemarketing Center 463 90,000
Tourism--Advertising 618 3,597,930
WV Film Office 498 102,139
Motor Sports Council 513 90,000
Tourism--Unclassified 662____________4,185,765
Total $ 8,065,834
Any unexpended balances remaining in the appropriations for
Tourism--Advertising (fund 3067, activity 618), State Parks and
Recreation Advertising (fund 3067, activity 619), Capitol Complex--
Capital Outlay (fund 3067, activity 417), Tourism--Special Projects
(fund 3067, activity 859), Tourism--Unclassified (fund 3067, activity
662), Tourism--Unclassified--Lottery Surplus (fund 3067, activity 773), Stonewall Jackson State Park (fund 3067, activity 959) and
Hatfield-McCoy Recreational Trail (fund 3067, activity 960) at the
close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005.
- --Division of Natural Resources
(WV Code Chapter 20)
Fund 3267 FY 2005 Org 0310
Gypsy Moth Suppression
Program for State Parks 017 $ 45,500
Unclassified (R) 099 2,228,603
Pricketts Fort State Park 324 98,280
Nongame Wildlife 527 445,470
State Parks and Recreation
Advertising 619 622,440
West Virginia Stream Partners
Program 637 ________81,900
Total $ 3,522,193
Any unexpended balances remaining in the appropriations for
Unclassified (fund 3267, activity 099), State Recreation Area
Improvements (fund 3267, activity 307), Capital Outlay--Parks (fund
3267, activity 288), Flood Reparations (fund 3267, activity 400),
Parks Operations--Unclassified (fund 3267, activity 645), State Parks-
-Special Projects (fund 3267, activity 860), Computerized Lodging
Reservation System (fund 3267, activity 910) and State Parks Repairs,
Renovations, Maintenance and Life Safety Repairs (fund 3267, activity
911) at the close of the fiscal year 2004 are hereby reappropriated
for expenditure during the fiscal year 2005.
- --State Department of Education
(WV Code Chapters 18 and 18A)
Fund 3951 FY 2005 Org 0402
Safe Schools 143 $ -0-
Unclassified 099 3,407,000
Technology Infrastructure
Network 351 20,500,000
READS Program 365 -0-
MATH Program 368 300,000
Vocational Education
Equipment Replacement 393 -0-
Assessment Program 396 6,430,943
Employment Programs Rate Relief 401 878,189
Teacher Reimbursement 573 150,000
Teacher Relocation 574 10,000
Technology Repair and
Modernization 1,000,000
National Science Foundation
Match/WV Science 578 300,000
Three-Tier Funding 411 1,000,000
Educational Program Allowance 996 ________250,000
Total $ 34,226,132
Any unexpended balances remaining in the appropriations for
Computer Basic Skills (fund 3951, activity 145), S.U.C.C.E.S.S. (fund
3951, activity 255), Technology Repair and Modernization (fund 3951,
activity 298), Technology and Telecommunications Initiative (fund
3951, activity 596), Technology Demonstration Project (fund 3951, activity 639) and Educational Development (fund 3951, activity 823) at
the close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005.
The above appropriation for Technology Infrastructure Network
shall be expended on the following programs and technology: Computer
Basic Skills, S.U.C.C.E.S.S., WVEIS, Technology Repair and
Modernization, Technology and Telecommunications Initiative and other
programs in the field that will benefit the counties. No more then 40
percent of the total appropriation shall be alloted to Computer Basic
Skills and S.U.C.C.E.S.S. Prior to the completion and presentation of
the technology study to the joint legislative oversight committee on
education accountability, no more than 50 percent of the total
appropriation shall be spent. The study is to be completed by January
15, 2005.
- --State Department of Education--
School Building Authority--
Debt Service Fund
(WV Code Chapter 18)
Fund 3963 FY 2005 Org 0402
Debt Service--Total 310 $ 18,000,000
- --Department of Education and the Arts--
Office of the Secretary
Control Account--
Lottery Education Fund
(WV Code Chapter 5F)
Fund 3508 FY 2005 Org 0431
WV Humanities Council 168 $ 350,000
Commission for National and
Community Service 193 160,050
Technical Preparation Program 440 450,000
Arts Programs (R) 500 40,000
College Readiness (R) 579 200,000
LATA Access (R) 580 360,000
Hospitality Training 600 480,000
Challenger Learning Center 862 55,000
Special Olympic Games 966 25,000
Center for Excellence in
Disabilities 967 ________100,000
Total $ 2,220,050
Any unexpended balances remaining in the appropriations for
Unclassified (fund 3508, activity 099), Arts Programs (fund 3508,
activity 500), College Readiness (fund 3508, activity 579), LATA
Access (fund 3508, activity 580) and WV2001 Project (fund 3508,
activity 836) at the close of the fiscal year 2004 are hereby
reappropriated for expenditure during the fiscal year 2005.
- --Division of Culture and History--
Lottery Education Fund
(WV Code Chapter 29)
Fund 3534 FY 2005 Org 0432
Huntington Symphony 027 $ 75,000
Martin Luther King, Jr.,
Holiday Celebration 031 10,800
Fairs and Festivals 122 2,000,000
Archeological Curation/Capital
Improvements (R) 246 50,337
Historic Preservation Grants (R) 311 450,000
West Virginia Public Theater 312 250,000
Tri-County Fair Association 343 125,000
George Tyler Moore Center for the
Study of the Civil War 397 70,000
Theater Arts of West Virginia 464 420,000
Grants for Competitive Arts
Program (R) 624 810,000
Contemporary American
Theater Festival 811 120,000
Independence Hall (R) 812 50,000
Mountain State Forest Festival 864 ________75,000
Total $ 4,506,137
Any unexpended balances remaining in the appropriations for
Archeological Curation/Capital Improvements (fund 3534, activity 246),
Historic Preservation Grants (fund 3534, activity 311), Capital
Outlay, Repairs and Equipment (fund 3534, activity 589), Grants for
Competitive Arts Program (fund 3534, activity 624), Independence Hall
(fund 3534, activity 812) and Project ACCESS (fund 3534, activity 865)
at the close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005.
- --Library Commission--
Lottery Education Fund
(WV Code Chapter 10)
Fund 3559 FY 2005 Org 0433
Books and Films 179 $ 500,000
Services to Libraries 180 500,000
Grants to Public Libraries 182 7,348,884
Services to State Institutions 180 -0-
Digital Resources 309 219,992
Libraries--Special Projects 625 500,000
Infomine Network 884 ________1,126,769
Total $ 10,195,645
- --Educational Broadcasting Authority--
Lottery Education Fund
(WV Code Chapter 10)
Fund 3587 FY 2005 Org 0439
Mountain Stage 249 $ 163,800
Star Schools 509 ________220,675
Total $ 384,475
Any unexpended balance remaining in the above appropriation for
Digital Conversion (fund 3587, activity 247) at the close of the
fiscal year 2004 is hereby reappropriated for expenditure during the
fiscal year 2005.
- --Bureau of Senior Services--
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2005 Org 0508
Local Programs Service
Delivery Costs 200 $ 2,475,250
In-Home Services for
Senior Citizens 224 1,000,000
Nutrition Services for the
Elderly 337 1,000,000
Senior Citizen Centers and
Programs (R) 462 2,900,000
Direct Services 481 2,800,000
Transfer to Division of Human
Services for Health Care and
Title XIX Waiver for
Senior Citizens 539 13,000,000
Senior Services Medicaid Transfer 871 10,300,000
Legislative Initiatives
for the Elderly 904 4,700,000
Long-Term Care Ombudsman 905 ________321,325
Total $ 38,469,575
Any unexpended balance remaining in the appropriation for Senior
Citizen Centers and Programs (fund 5405, activity 462) at the close of
the fiscal year 2004 is hereby reappropriated for expenditure during
the fiscal year 2005.
The above appropriation for Transfer to Division of Human
Services for Health Care and Title XIX Waiver for Senior Citizens
along with the federal moneys generated thereby shall be used for
reimbursement for services provided under the program. Further, the
program shall be preserved within the aggregate of these funds.
- --Higher Education Policy Commission--
Lottery Education--
Higher Education Policy Commission
Control Account
(WV Code Chapters 18B and 18C)
Fund 4925 FY 2005 Org 0441
Unclassified (R) 099 $ 2,786,738
Higher Education Grant
Program (R) 164 18,000,000
Tuition Contract Program (R) 165 749,576
Minority Doctoral Fellowship (R) 166 150,000
Underwood-Smith Scholarship
Program--Student Awards (R) 167 150,000
School of Osteopathic
Medicine (R) 172 6,330,742
Health Sciences Scholarship (R) 176 148,575
School of Osteopathic Medicine
BRIM Subsidy (R) 403 116,369
West Liberty State College 439 -0-
Higher Education--Special
Projects (R) 488 1,051,808
Rural Health Initiative--Medical
Schools Support (R) 581 486,056
Vice Chancellor for Health
Sciences--Rural Health
Initiative Program and
Site Support (R) 595 -0-
Vice Chancellor for Health
Sciences--Rural Health
Residency Program (R) 601 278,408
MA Public Health Program and
Health Science Technology (R) 623 60,781
Central Office 701 -0-
HEAPS Grant Program (R) 867 4,000,000
WV Engineering, Science and
Technology Scholarship
Program (R) 868 500,000
Health Sciences Career
Opportunities Program (R) 869 61,296
HSTA Program (R) 870 1,017,341
Marshall Medical School--
RHI Program and Site Support 033 467,995
WVU Health Sciences RHI Program
and Site Support 035 1,263,890
RHI Program and Site Support--
District Consortia 036 2,561,437
RHI Program and Site Support--
RHEP Program Administration 037 193,484
RHI Program and Site Support--
Grad Med Ed and Fiscal Oversight 038 ________105,090
Total $________40,479,586
Any unexpended balances remaining in the appropriations at the
close of the fiscal year 2004 are hereby reappropriated for
expenditure during the fiscal year 2005.
Total TITLE II, Section 4--
Lottery Revenue $________170,096,627
_______________Sec. 5. Appropriations from state excess lottery revenue fund.-
- In accordance with section eighteen-a, article twenty-two, chapter
twenty-nine of the code, the following appropriations shall be deposited and disbursed by the director of the lottery to the
following accounts in this section in the amounts indicated.
- --Lottery Commission--
General Purpose Account
Fund 7206 FY 2005 Org 0705
____________________________________________________Activity Funds
Unclassified--Total--Transfer 402 $ 65,000,000
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the general revenue fund as
determined by the director of the lottery.
- --Economic Development Authority--
Economic Development Project Fund
Fund 3167 FY 2005 Org 0307
Debt Service--Total 310 $ 19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-
two, chapter twenty-nine of the code, excess lottery revenues are
authorized to be transferred to the lottery fund as reimbursement of
amounts transferred to the economic development project fund
pursuant to section four of this title and subsection (f), section
eighteen, article twenty-two, chapter twenty-nine of the code.
- --Education Improvement Fund
Fund 4295 FY 2005 Org 0441_______________
_______________
Unclassified--Total--Transfer (R) 402 $ 27,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for
expenditure during the fiscal year 2005.
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the PROMISE Scholarship Fund
(fund 4296, org 0441) established by section seven, article seven,
chapter eighteen-c of the code.
- --School Building Authority
Fund 3514 FY 2005 Org 0402_______________________________________________
Unclassified--Total--Transfer (R) 402 $ 19,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for
expenditure during the fiscal year 2005.
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the general revenue fund for
appropriation under section six, article nine-d, chapter eighteen of
the code.
- --West Virginia Infrastructure Council
Fund 3390 FY 2005 Org 0316
Unclassified--Total--Transfer (R) 402 $ 40,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for
expenditure during the fiscal year 2005.
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the West Virginia
Infrastructure Fund (fund 3384, org 0316) created by section nine,
article fifteen-a, chapter thirty-one of the code.
- --Higher Education Improvement Fund
Fund 4297 FY 2005 Org 0441
Unclassified--Total (R) 096 $ 10,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for
expenditure during the fiscal year 2005.
- --State Park Improvement Fund
Fund 3277 FY 2005 Org 0310
Unclassified--Total (R) 096 $ 5,000,000
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for
expenditure during the fiscal year 2005.
- --Lottery Commission--
Refundable Credit
Fund 7207 FY 2005 Org 0705
Unclassified--Total--Transfer 402 $ 10,000,000
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the general revenue fund to
provide reimbursement for the refundable credit allowable under
section twenty-one, article twenty-one, 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.
- --Lottery Commission--
Excess Lottery Revenue Fund Surplus
Fund 7208 FY 2005 Org 0705
Unclassified--Total--Transfer 402 $________22,800,000
The above appropriation for Unclassified--Total--Transfer
(activity 402) shall be transferred to the general revenue fund only
after all funding required by section eighteen-a, article twenty-two, chapter twenty-nine of the code has been satisfied as determined by
the director of the lottery.
- --Joint Expenses
(WV Code Chapter 4)
Fund 1735 FY 2005 Org 2300
Any unexpended balance remaining in the appropriation at the
close of the fiscal year 2004 is hereby reappropriated for expenditure
during the fiscal year 2005.
The above appropriation for Tax Reduction and Federal Funding
Increased Compliance (TRAFFIC)--Total (fund 1735, activity 620) is
intended for possible general state tax reductions or the offsetting
of any reductions in federal funding for state programs. It is not
intended as a general appropriation for expenditure by the
Legislature.
Total TITLE II, Section 5--
Excess Lottery Funds $________217,800,000
_______________Sec. 6. Appropriations of federal funds.--In accordance with
article eleven, chapter four of the code, from federal funds there are
hereby appropriated conditionally upon the fulfillment of the
provisions set forth in article two, chapter five-a of the code the
following amounts, as itemized, for expenditure during the fiscal year
2005.
LEGISLATIVE
- --Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 8738 FY 2005 Org 2300
_______________________________________________________________ Federal
Activity Funds
Unclassified--Total 096 $ 1,263,500
JUDICIAL
- --Supreme Court--
Consolidated Federal Funds
Fund 8867 FY 2005 Org 2400
Unclassified--Total 096 $ 150,000
EXECUTIVE
- --Governor's Office--
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 8792 FY 2005 Org 0100
Unclassified--Total 096 $ 450,000
- --Governor's Office--
Office of Economic Opportunity
(WV Code Chapter 5)
Fund 8797 FY 2005 Org 0100
Unclassified--Total 096 $ 7,811,976
- --Governor's Office--
Commission for National and Community Service
(WV Code Chapter 5)
Fund 8800 FY 2005 Org 0100
Unclassified--Total 096 $ 5,431,509
- --Auditor's Office--
National White Collar Crime Center
(WV Code Chapter 12)
Fund 8807 FY 2005 Org 1200
Unclassified--Total 096 $ 14,000,942
- --Department of Agriculture
(WV Code Chapter 19)
Fund 8736 FY 2005 Org 1400
Unclassified--Total 096 $ 4,246,459
- --Department of Agriculture--
Meat Inspection
(WV Code Chapter 19)
Fund 8737 FY 2005 Org 1400
Unclassified--Total 096 $ 818,829
- --Department of Agriculture--
State Conservation Committee
(WV Code Chapter 19)
Fund 8783 FY 2005 Org 1400
Unclassified--Total 096 $ 341,174
- --Secretary of State
(WV Code Chapter 3)
Fund 8854 FY 2005 Org 1600
Unclassified--Total (R) 096 $ 14,500,000
DEPARTMENT OF ADMINISTRATION
- --West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 8834 FY 2005 Org 0228
Unclassified--Total 096 $ 199,468
- --Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 8838 FY 2005 Org 0230
Unclassified--Total 096 $ 33,817,646
DEPARTMENT OF EDUCATION
- --State Department of Education
(WV Code Chapters 18 and 18A)
Fund 8712 FY 2005 Org 0402
Unclassified--Total 096 $ 160,000,000
- --State Department of Education--
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 8713 FY 2005 Org 0402
Unclassified--Total 096 $ 85,000,000
- --State Board of Education--
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 8714 FY 2005 Org 0402
Unclassified--Total 096 $ 21,000,000
- --State Department of Education--
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 8715 FY 2005 Org 0402
Unclassified--Total 096 $ 77,000,000
- --State Department of Education--
Education Grant
Fund 8748 FY 2005 Org 0402
Unclassified--Total 096 $ 50,000,000
DEPARTMENT OF EDUCATION AND THE ARTS
- --Department of Education and the Arts--
Office of the Secretary
(WV Code Chapter 5F)
Fund 8841 FY 2005 Org 0431
Unclassified--Total 096 $ 1,051,571
- --Division of Culture and History
(WV Code Chapter 29)
Fund 8718 FY 2005 Org 0432
Unclassified--Total 096 $ 2,500,000
- --Library Commission
(WV Code Chapter 10)
Fund 8720 FY 2005 Org 0433
Unclassified--Total 096 $ 1,932,637
- --Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 8721 FY 2005 Org 0439
Unclassified--Total 096 $ 1,800,000
- --State Board of Rehabilitation--
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 8734 FY 2005 Org 0932
Unclassified--Total 096 $ 46,323,075
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- --Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 8723 FY 2005 Org 0506
Unclassified--Total 096 $ 7,308,797
- --Division of Health--
Central Office
(WV Code Chapter 16)
Fund 8802 FY 2005 Org 0506
Unclassified--Total 096 $ 73,734,131
- --Division of Health--
West Virginia Safe Drinking Water Treatment
(WV Code Chapter 16)
Fund 8824 FY 2005 Org 0506
Unclassified--Total 096 $ 16,000,000
- --West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 8851 FY 2005 Org 0507
Unclassified--Total 096 $ 40,000
- --Human Rights Commission
(WV Code Chapter 5)
Fund 8725 FY 2005 Org 0510
Unclassified--Total 096 $ 510,467
- --Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 8722 FY 2005 Org 0511
Unclassified--Total 096 $ 1,905,460,500
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
- --Adjutant General--State Militia
(WV Code Chapter 15)
Fund 8726 FY 2005 Org 0603
Unclassified--Total 096 $ 85,274,083
- --Office of Emergency Services
(WV Code Chapter 15)
Fund 8727 FY 2005 Org 0606
Unclassified--Total 096 $ 8,693,164
- --Division of Corrections
(WV Code Chapters 25, 28, 49 and 62)
Fund 8836 FY 2005 Org 0608
Unclassified--Total 096 $ 650,000
- --West Virginia State Police
(WV Code Chapter 15)
Fund 8741 FY 2005 Org 0612
Unclassified--Total 096 $ 1,208,527
- --Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 8858 FY 2005 Org 0613
Unclassified--Total 096 $ 10,000,000
- --Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 9A)
Fund 8728 FY 2005 Org 0618
Unclassified--Total 096 $ 1,203,780
- --Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 8803 FY 2005 Org 0620
Unclassified--Total 096 $ 14,915,835
- --Division of Juvenile Services
(WV Code Chapter 49)
Fund 8855 FY 2005 Org 0621
Unclassified--Total 096 $ 331,000
DEPARTMENT OF REVENUE
- --Tax Division
(WV Code Chapter 11)
Fund 7069 FY 2005 Org 0702
Unclassified--Total 096 $ 25,000
DEPARTMENT OF TRANSPORTATION
- --Division of Motor Vehicles
(WV Code Chapter 17B)
Fund 8787 FY 2005 Org 0802
Unclassified--Total 096 $ 9,819,900
- --Division of Public Transit
(WV Code Chapter 17)
Fund 8745 FY 2005 Org 0805
Unclassified--Total 096 $ 11,602,638
- --Public Port Authority
(WV Code Chapter 17)
Fund 8830 FY 2005 Org 0806
Unclassified--Total 096 $ 2,660,000
BUREAU OF COMMERCE
- --Division of Forestry
(WV Code Chapter 19)
Fund 8703 FY 2005 Org 0305
Unclassified--Total 096 $ 2,249,448
- --Geological and Economic Survey
(WV Code Chapter 29)
Fund 8704 FY 2005 Org 0306
Unclassified--Total 096 $ 550,000
- --West Virginia Development Office
(WV Code Chapter 5B)
Fund 8705 FY 2005 Org 0307
Unclassified--Total 096 $ 9,595,134
- --Division of Labor
(WV Code Chapters 21 and 47)
Fund 8706 FY 2005 Org 0308
Unclassified--Total 096 $ 540,822
- --Division of Natural Resources
(WV Code Chapter 20)
Fund 8707 FY 2005 Org 0310
Unclassified--Total 096 $ 8,534,200
- --Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 8709 FY 2005 Org 0314
Unclassified--Total 096 $ 590,765
BUREAU OF EMPLOYMENT PROGRAMS
- --Bureau of Employment Programs
(WV Code Chapter 21A)
Fund 8835 FY 2005 Org 0323
Unclassified 099 $ 512,657
Reed Act 2002--Unemployment Compensation 622 2,374,000
Reed Act 2002--Employment Services 630 ________1,371,000
Total $ 4,257,657
Pursuant to the requirements of 42 U. S. C. §1103, Section 903
of the Social Security Act, as amended, and the provisions of
section nine, article nine, chapter twenty-one-a of the code, the
above appropriation to Unclassified shall be used by the bureau of
employment programs for the specific purpose of administration of
the state's unemployment insurance program or job service activities, subject to each and every restriction, limitation or
obligation imposed on the use of the funds by those federal and
state statutes.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- --Division of Environmental Protection
(WV Code Chapter 22)
Fund 8708 FY 2005 Org 0313
Unclassified--Total 096 $ 98,015,470
BUREAU OF SENIOR SERVICES
- --Bureau of Senior Services
(WV Code Chapter 29)
Fund 8724 FY 2005 Org 0508
Unclassified--Total 096 $
14,550,000
MISCELLANEOUS BOARDS AND COMMISSIONS
- --Board of Pharmacy
(WV Code Chapter 30)
Fund 8857 FY 2005 Org 0913
Unclassified--Total 096 $ 87,500
- --Public Service Commission--
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8743 FY 2005 Org 0926
Unclassified--Total 096 $ 1,514,718
- --Public Service Commission--
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8744 FY 2005 Org 0926
Unclassified--Total 096 $ 270,918
- --Coal Heritage Highway Authority
(WV Code Chapter 29)
Fund 8861 FY 2005 Org 0942
Unclassified--Total 096 $________27,000
299--West Virginia State Mapping and Addressing Board
(WV Code Chapter)
Fund 8868 FY 2005 Org 0940
Unclassified 099 ________$ 375,000
Total TITLE II, Section 6--
Federal Funds $2,820,253,240
__________Sec. 7. Appropriations from federal block grants.--The following
items are hereby appropriated from federal block grants to be
available for expenditure during the fiscal year 2005.
- --Governor's Office--
Office of Economic Opportunity
Community Services
Fund 8799 FY 2005 Org 0100
Unclassified--Total 096 $ 8,000,000
- --West Virginia Development Office--
Community Development
Fund 8746 FY 2005 Org 0307
Unclassified--Total 096 $ 28,330,852
- --West Virginia Development Office--
Workforce Investment Act
Fund 8848 FY 2005 Org 0307
Unclassified--Total 096 $ 49,832,357
- --Division of Health--
Maternal and Child Health
Fund 8750 FY 2005 Org 0506
Unclassified--Total 096 $ 10,878,891
- --Division of Health--
Preventive Health
Fund 8753 FY 2005 Org 0506
Unclassified--Total 096 $ 2,237,034
- --Division of Health--
Substance Abuse Prevention and Treatment
Fund 8793 FY 2005 Org 0506
Unclassified--Total 096 $ 11,557,304
- --Division of Health--
Community Mental Health Services
Fund 8794 FY 2005 Org 0506
Unclassified--Total 096 $ 3,314,733
- --Division of Health--
Abstinence Education Program
Fund 8825 FY 2005 Org 0506
Unclassified--Total 096 $ 976,837
- --Division of Human Services--
Energy Assistance
Fund 8755 FY 2005 Org 0511
Unclassified--Total 096 $ 21,100,942
- --Division of Human Services--
Social Services
Fund 8757 FY 2005 Org 0511
Unclassified--Total 096 $ 15,000,000
- --Division of Human Services--
Temporary Assistance for Needy Families
Fund 8816 FY 2005 Org 0511
Unclassified--Total 096 $ 175,000,000
- --Division of Human Services--
Child Care and Development
Fund 8817 FY 2005 Org 0511
Unclassified--Total 096 $ 38,080,000
- --Division of Criminal Justice Services--
Juvenile Accountability Incentive
Fund 8829 FY 2005 Org 0620
Unclassified--Total 096 $ 2,400,000
- --Division of Criminal Justice Services--
Local Law Enforcement
Fund 8833 FY 2005 Org 0620
Unclassified--Total 096 $________607,494
Total TITLE II, Section 7--
Federal Block Grants $________367,316,444
Sec. 8. Awards for claims against the state.--There are hereby
appropriated for fiscal year 2005, from the fund as designated, in
the amounts as specified, general revenue funds in the amount of
$3,621,385, special revenue funds in the amount of $162,427, state
road funds in the amount of $433,954 and nongeneral revenue funds in
the amount of $326,944 for payment of claims against the state.
Sec. 9. Appropriations from surplus accrued.--
The following items
are hereby appropriated from the state excess lottery revenue funds,
and are to be available for expenditure during the fiscal year 2005 out of surplus funds only, as determined by the director of the
lottery, accrued from the fiscal year ending the thirtieth day of
June, two thousand four, subject to the terms and conditions set
forth in this section.
It is the intent and mandate of the Legislature that the following
appropriations be payable only from surplus accrued from the fiscal
year ending the thirtieth day of June, two thousand four.
In the event that surplus revenues available from the fiscal year
ending the thirtieth day of June, two thousand four, are not
sufficient to meet all the appropriations made pursuant to this
section, then the appropriations shall be made to the extent that
surplus funds are available and shall be allocated first to provide
the necessary funds to meet the first appropriation of this section;
next, to provide the funds necessary for the second appropriation of
this section and subsequently to provide the funds necessary for
each appropriation in succession before any funds are provided for
the next subsequent appropriation.
- -Joint Expenses
(WV Code Chapter 4)
Fund FY 2005 Org 2300
Tax Reduction and Federal Funding
Increased Compliance (TRAFFIC) 642 $ 5,000,000
- --Workers' Compensation Commission
(WV Code Chapter 23)
Fund FY 2005 Org 0322
Self-Insured Security Pool 033 $ 5,000,000
- -Governor's Office
(WV Code Chapter 5)
Fund FY 2005 Org 0100
Publication of Papers and Transition
Expenses
465 $ 325,000
- --Adjutant General--
State Militia
(WV Code Chapter 15)
Fund FY 2005 Org 0603
Armory Capital Improvements 325 $ 2,000,000
- --Division of Corrections--
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund FY 2005 Org 0608
Payments to Federal, County
and/or Regional Jails 555 $ 3,887,620
- --Tax Division
(WV Code Chapter 11)
Fund FY 2005 Org 0702
Remittance Processor 570 $ 200,000
- --West Virginia State Police
(WV Code Chapter 15)
Fund FY 2005 Org 0612
Handgun Replacement 289 $ 400,000
- --Division of Health--
Central Office
(WV Code Chapter 16)
Fund FY 2005 Org 0506
Chief Medical Examiner--Capital
Improvements 035 $ 1,050,000
- --Division of Culture and History
(WV Code Chapter 29)
Fund FY 2005 Org 0432
State Museum 036 $ 1,000,000
- -Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund FY 2005 Org 0100
Flood Reparations 400 $ 400,000
From the above appropriation, $300,000 shall be allocated to
Wyoming County and $100,000 shall be allocated to Greenbrier County.
- --West Virginia Development Office
(WV Code Chapter 5B)
Fund FY 2005 Org 0307
Local Economic Development
Assistance 819 $ 3,244,651
- --Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund FY 2005 Org 0218
Unfunded Liability Payment 037 $ 7,000,000
- --Division of Finance
(WV Code Chapter 5A)
Fund FY 2005 Org 0209
FIMS Upgrade to Open Platform 038
$ 10,000,000
Total TITLE II, Section 9--
Surplus Accrued $
________39,507,271
Sec. 10. Special revenue appropriations.--There are hereby
appropriated for expenditure during the fiscal year 2005
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 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 2005, 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 2005 to be expended as authorized by the governor, for
such studies and recommendations which may encompass any problems of
organization, procedures, systems, functions, powers or duties of a
state spending unit in the executive branch or the betterment of the
economic, social, educational, health and general welfare of the state
or its citizens.
Sec. 12. Specific funds and collection accounts.--A fund or
collection account which by law is dedicated to a specific use is
hereby appropriated in sufficient amount to meet all lawful demands
upon the fund or collection account and shall be expended according to
the provisions of article three, chapter twelve of the code.
Sec. 13. Appropriations for refunding erroneous payment.--Money that
has been erroneously paid into the state treasury is hereby
appropriated out of the fund into which it was paid for refund to the
proper person.
When the officer authorized by law to collect money for the state
finds that a sum has been erroneously paid, he or she shall issue his
or her requisition upon the auditor for the refunding of the proper
amount. The auditor shall issue his or her warrant to the treasurer
and the treasurer shall pay the warrant out of the fund into which the
amount was originally paid.
Sec. 14. Sinking fund deficiencies.--There is hereby appropriated to
the governor a sufficient amount to meet any deficiencies that may arise in the mortgage finance bond insurance fund of the West Virginia
housing development fund which is under the supervision and control of
the municipal bond commission as provided by section twenty-b, article
eighteen, chapter thirty-one of the code or in the funds of the
municipal bond commission because of the failure of any state agency
for either general obligation or revenue bonds or any local taxing
district for general obligation bonds to remit funds necessary for the
payment of interest and sinking fund requirements. The governor is
authorized to transfer, from time to time, such amounts to the
municipal bond commission as may be necessary for these purposes.
The municipal bond commission shall reimburse the state of West
Virginia through the governor from the first remittance collected from
the West Virginia housing development fund or from any state agency or
local taxing district for which the governor advanced funds, with
interest at the rate carried by the bonds for security or payment of
which the advance was made.
Sec. 15. Appropriations for local governments.--There are hereby
appropriated for payment to counties, districts and municipal
corporations such amounts as will be necessary to pay taxes due
counties, districts and municipal corporations and which have been
paid into the treasury:
(a) For redemption of lands;
(b) By public service corporations;
(c) For tax forfeitures.
Sec. 16. Total appropriations.--Where only a total sum is
appropriated to a spending unit, the total sum shall include personal
services, annual increment, employee benefits, current expenses, repairs and alterations, equipment and capital outlay, where not
otherwise specifically provided and except as otherwise provided in
TITLE I-GENERAL PROVISIONS, Sec. 3.
Sec. 17. General school fund.--The balance of the proceeds of the
general school fund remaining after the payment of the appropriations
made by this act is appropriated for expenditure in accordance with
section sixteen, article nine-a, chapter eighteen of the code.
TITLE III-ADMINISTRATION.
Section 1. Appropriations conditional.--The expenditure of the
appropriations made by this act, except those appropriations made to
the legislative and judicial branches of the state government, are
conditioned upon the compliance by the spending unit with the
requirements of article two, chapter five-a of the code.
Where spending units or parts of spending units have been absorbed
by or combined with other spending units, it is the intent of this act
that appropriations and reappropriations shall be to the succeeding or
later spending unit created, unless otherwise indicated.
Sec. 2. Legislative intent.--It is the intent of the Legislature
that the duly appointed members of the conference committee on this
bill may formulate and set forth in a budget digest recommendations
for the expenditure of money appropriated by this bill after its
enactment. It is the further intent of the Legislature that the
recommendations set forth in the budget digest are an expression of
legislative intent, do not have the force and effect of law and may
not be construed to alter the lawful enactment of this bill.
Sec. 3. Constitutionality.--If any part of this act is declared
unconstitutional by a court of competent jurisdiction, its decision shall not affect any portion of this act which remains, but the
remaining portion shall be in full force and effect as if the portion
declared unconstitutional had never been a part of the act.
Respectfully submitted,
Walt Helmick, Chair, William R. Sharpe, Jr., Roman W. Prezioso,
Jr.,
Robert H. Plymale, Sarah M. Minear
, Karen L. Facemyer, Conferees
on the part of the Senate.
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.
Senator Helmick, Senate cochair of the committee of conference,
was recognized to explain the report,
Following discussion,
Senator Unger arose to a point of order that the report of the
committee of conference as to Engrossed Committee Substitute for
Senate Bill No. 133 contained matters not in disagreement in
contravention of Joint Rule No. 3a, which states in part "Such
committee shall consider and report upon only the subject matter of
the amendment or amendments which were in disagreement, with necessary
consequential changes." and Jefferson's Manual §546, which states in
part "The managers of a conference must confine themselves to the
differences committed to them, and may not include subjects not within
the disagreements, even though germane to a question in issue."
On motion of Senator Helmick, the Senate recessed for ten
minutes.
Upon expiration of the recess, the Senate reconvened and resumed
consideration of
Eng. Com. Sub. for Senate Bill No. 133, Budget bill.
The President then ruled that the point of order raised by
Senator Unger was not well taken.
Following extended discussion and a point of inquiry to the
President, with resultant response thereto,
Thereafter, on motion of Senator Helmick, the report of the
committee of conference was taken up for immediate consideration.
Senator Helmick then moved that the report of the committee of
conference be adopted.
Following extended discussion,
Senator Ross moved the previous question, which motion prevailed.
The previous question having been ordered, that being on the
adoption of the report of the committee of conference as to Engrossed
Committee Substitute for Senate Bill No. 133, and on this question,
Senator Unger demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, White and
Tomblin (Mr. President)--27.
The nays were: Guills, Harrison, Smith, Unger and Weeks--5.
Absent: Chafin and Deem--2.
So, a majority of those present and voting having voted in the
affirmative, the President declared the report of the committee of
conference as to Engrossed Committee Substitute for Senate Bill No.
133 adopted.
The Clerk announced that the following notice of pairs on the passage of the bill was on his desk:
Senator Deem--Yea. Senator Smith--Nay.
Engrossed Committee Substitute for Senate Bill No. 133, 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, Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--28.
The nays were: Guills, Harrison and Weeks--3.
Absent: Chafin--1.
Paired: Deem (For), Smith (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 S. B. No. 133) passed with its title.
Senator Bailey moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White
and Tomblin (Mr. President)--28.
The nays were: Guills, Harrison and Weeks--3.
Absent: Chafin--1.
Paired: Deem (For), Smith (Against)--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 S. B. No. 133) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Unger, and by unanimous
consent, the remarks by Senator Unger relating to the adoption of the
report of the committee of conference as to Engrossed Committee
Substitute for Senate Bill No. 133 (Budget bill) were ordered printed
in the Appendix to the Journal.
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 9, 2004
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. 4308.
The purpose of Enrolled House Bill No. 4308 is to exempt a
volunteer, including a worker, contractor, engineer or architect, who provides services or materials in good faith and without remuneration,
from civil liability for building or installing universal
accessibility features in accordance with applicable state and federal
laws and building codes, presumably to an existing building or
structure. Regrettably, I must object to the bill in its present form
because in the body of the bill, the term "universal accessibility
features" is not defined nor is it defined in "section four of this
article" (W. Va. Code §5-11A-4) as the bill states. Therefore, I find
the bill to be defective and I must veto the legislation.
Notwithstanding this action, and because the Legislature is
presently in session, I urge that you again take up the bill, amend
the defective portion and then return the bill to my desk for
approval.
Very truly yours,
Bob Wise,
Governor.
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. 4308, Providing immunity from civil damages
to workers who in good faith provides services or materials, without
remuneration, to build or install certain universal accessibility
features in accordance with applicable state and federal laws.
On motion of Senator Bailey, the message was taken up for immediate consideration.
Senator Bailey 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. 4308), heretofore
disapproved and returned by His Excellency, the Governor, with his
objections.
The question being on the adoption of Senator Bailey's motion
that the Senate reconsider Enrolled House Bill No. 4308, the same was
put and prevailed.
On motion of Senator Bailey, the Senate concurred in the
following House of Delegates amendments to the bill:
On page one, section three-a, lines three and four, by striking
out the words "universal accessibility features as set forth in
section four" and inserting in lieu thereof the words "handicap
accessible features as set forth in section five";
And,
On page one, by striking out the title and substituting therefor
a new title, to read as follows:
Enr. House Bill No. 4308--An Act to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-11A-3a, relating to providing immunity from civil
damages to a worker, contractor, engineer or architect, who in good
faith provides services or materials, without remuneration, to build
or install certain handicap accessibility features in accordance with
applicable building codes and state and federal laws.
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,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Chafin and Deem--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. 4308) 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) 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 19, 2004
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
Committee Substitute for House Bill No. 4377.
The purpose of Enrolled Committee Substitute for House Bill No.
4377 is to suspend the license to practice medicine or podiatry and
subject physicians to a civil penalty for failure to pay the special
one-time assessment of $1,000, required by W. Va. Code §33-20F-7, for
initial capital and surplus for the Physicians' Mutual Insurance
Company. Any license suspended under this provision would remain
suspended until both the special assessment and the civil penalty are
paid. I support the purpose of this important legislation.
Nevertheless, I must object to this bill because the bill could be
interpreted as requiring payment of the $1,000 assessment by
nonresident physicians visiting West Virginia for meetings, seminars
and continuing medical education credit hours or nonresident
physicians performing services in the state for such a short period of
time that subjecting them to such payment would be inequitable. For
this reason, I must regretfully veto this legislation.
Notwithstanding this action, I urge the Legislature to amend this
erroneous oversight and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
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. Com. Sub. for House Bill No. 4377, Assessing a penalty on
those physicians who fail to pay the special assessment.
On motion of Senator Bailey, the message was taken up for
immediate consideration.
Senator Bailey 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. Com. Sub. for H. B. No. 4377),
heretofore disapproved and returned by His Excellency, the Governor,
with his objections.
The question being on the adoption of Senator Bailey's motion
that the Senate reconsider Enrolled Committee Substitute for House
Bill No. 4377, the same was put and prevailed.
On motion of Senator Bailey, the Senate concurred in the
following House of Delegates amendments to the bill:
On page eleven, section seven, line thirty-six, by striking out
the word "and";
On page twelve, section seven, line fifty, after the word
"assessment" by changing the period to a semicolon and inserting the
following: and
(7) A physician who practices less than forty hours a year
providing medical genetic services to patients within this state.;
And,
On page one, by striking out the title and substituting therefor
a new title, to read as follows:
Enr. Com. Sub. for House Bill No. 4377--An Act to amend and
reenact §30-3-12 of the code of West Virginia, 1931, as amended; to amend and reenact §30-14-10 of said code; and to amend and reenact
§33-20F-4, §33-20F-5 and §33-20F-7 of said code, all relating to
physicians generally; permitting a physician who allows his or her
medical license to expire upon retirement to retain the license
certificate issued by the board of medicine; authorizing the board of
osteopathy to propose legislative rules allowing inactive license
status; clarifying and correcting the premium taxes that the
physicians' mutual insurance company will be subject to; providing
exemption to certain physicians from special assessment; providing for
license suspension and civil penalty for failure to pay the special
assessment; and creating a sunset provision.
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,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks,
White and Tomblin (Mr. President)--29.
The nays were: Harrison, Jenkins and Unger--3.
Absent: Chafin and Deem--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 H. B. No. 4377) passed with its title, as amended, as a
result of the objections of the Governor.
Senator Bailey moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and
Tomblin (Mr. President)--29.
The nays were: Harrison, Jenkins and Unger--3.
Absent: Chafin and Deem--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 H. B. No. 4377) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
On motion of Senator Bailey, the Senate recessed until 5:30 p.m.
today.
Upon expiration of the recess, the Senate reconvened and resumed
business under the third order.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of the committee of
conference report, passage as amended by the conference report, to
take effect from passage, as to
Eng. Com. Sub. for Senate Bill No. 133, Budget bill.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments, as amended by the
House of Delegates, passage as amended, by a vote of a majority of all
the members elected to the House of Delegates taken by yeas and nays,
notwithstanding the objections of the Governor, to take effect from
passage, and requested the concurrence of the Senate in the House of
Delegates amendments to the Senate amendments, as to
Enr. Senate Bill No. 197, Relating generally to distribution of net terminal income of racetrack video lottery terminals.
On motion of Senator Bailey, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendments to the Senate
amendments to the bill were reported by the Clerk:
On pages four and five, section ten, subsection (a), by striking
out all of subdivisions (1) and (2) and inserting in lieu thereof the
following:
The moneys deposited in this fund shall be used to fund coal
research and development projects at institutions of higher education
located in this state. Research includes, but is not limited to,
carbon sequestration and carbon technology research and development
projects. The moneys deposited in this fund shall also be used to
fund other research and development projects at institutions of higher
education in this state.;
On page thirteen, section ten, subsection (c), subdivision (8),
paragraph (A), by striking out the words "and ten" and inserting in
lieu thereof a comma and the word "five";
And,
On page thirteen, section ten, subsection (c), subdivision (8),
paragraph (A), after the words "five-a of this code" by inserting the
words "and five million dollars into the tax reduction and federal
funding increased compliance fund".
On motion of Senator Bailey, the Senate concurred in the
foregoing House of Delegates amendments to the Senate amendments to
the bill.
Enrolled Senate Bill No. 197, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder,
Sprouse, Unger, White and Tomblin (Mr. President)--29.
The nays were: Rowe, Smith and Weeks--3.
Absent: Chafin and Deem--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. 197) passed with its title, as amended, as a result of the
objections of the Governor.
Senator Bailey moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--29.
The nays were: Rowe, Smith and Weeks--3.
Absent: Chafin and Deem--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. 197) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
The Senate proceeded to the sixth order of business.
At the request of Senator Bailey, unanimous consent being granted, Senator Bailey offered the following resolution from the
floor:
Senate Resolution No. 44--Raising a committee to notify the House
of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three
to notify the House of Delegates that the Senate has completed its
labors and is ready to adjourn sine die.
At the request of Senator Bailey, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify the
House of Delegates of impending Senate adjournment:
Senators Rowe, White and Smith.
At the request of Senator Bailey, and by unanimous consent,
Senator Bailey offered the following resolution from the floor:
Senate Resolution No. 45--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three
to join with a similar committee of the House of Delegates to notify
His Excellency, the Governor, that the Legislature has completed its
labors and is ready to adjourn sine die.
At the request of Senator Bailey, unanimous consent being
granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator Tomblin
(Mr. President) appointed the following committee to notify His
Excellency, the Governor, that the Senate is ready to adjourn:
Senators Sharpe, Fanning and Boley.
Thereafter, the President recognized the presence of a three-
member delegation from the House of Delegates, namely:
Delegates Manuel, Perdue and Smirl, who announced that that body
had completed its labors and was ready to adjourn sine die.
Thereafter, Delegates Manuel, Perdue and Smirl then announced
that they had been appointed by that body to join with the similar
committee named by the Senate to wait upon His Excellency and were
ready to proceed with its assignment.
Senators Sharpe, Fanning and Boley, comprising the Senate
committee, then joined with the House committee and proceeded to the
executive offices to notify His Excellency, the Governor, of imminent
legislative adjournment, and receive any message he might desire to
transmit to the members of the Senate.
The Senate proceeded to the fourth order of business.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has conducted a complete examination of
the Senate Clerk's office; and in compliance with the Rules of the
Senate, reports that it has found all papers belonging to said office
properly filed, labeled and put away in presses; and that the books
belonging to the office are chronologically arranged.
In the opinion of the committee, the office is being handled in a proper, efficient and commendable manner.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
On motion of Senator Rowe, the Joint Committee on Enrolled Bills
was directed after it has examined, found truly enrolled and presented
to His Excellency, the Governor, for his action, bills passed but not
presented to him prior to adjournment of the regular sixty-day and
extended session of the Legislature, to file its reports with the
Clerk of bills so enrolled, showing the date such bills were presented
to the Governor; said reports to be included in the final Journal,
together with Governor's action on said bills.
In accordance with the foregoing motion, the following reports of
the Joint Committee on Enrolled Bills were filed as follows:
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 22nd day of March, 2004, presented to His
Excellency, the Governor, for his action, the following bills, signed
by the President of the Senate and the Speaker of the House of
Delegates:
(Com. Sub. for S. B. No. 71), Relating to verifying legal
employment status of workers employed in state.
(S. B. No. 160), Extending time to appropriate money from public
employees insurance agency reserve fund to bureau of medical services.
(S. B. No. 200), Requiring state police annually report to
Legislature effectiveness of recruiting minorities.
(Com. Sub. for S. B. No. 208), Allowing state police to engage in
certain political activities while off duty and out of uniform.
(S. B. No. 286), Relating to assessment of regulated consumer
lenders.
(S. B. No. 319), Relating to centers for housing young adult
offenders.
(S. B. No. 323), Continuing office of explosives and blasting.
(Com. Sub. for S. B. No. 327), Authorizing department of
administration to promulgate legislative rules.
(Com. Sub. for S. B. No. 350), Authorizing bureau of commerce to
promulgate legislative rules.
(S. B. No. 402), Relating to authority of board of risk and
insurance management to promulgate certain legislative rules.
(Com. Sub. for Com. Sub. for S. B. No. 408), Relating generally
to levies by county boards of education and expenditure of property
taxes collected.
(Com. Sub. for Com. Sub. for S. B. No. 431), Establishing
Interstate Insurance Product Regulation Compact.
(S. B. No. 448), Relating to higher education advisory boards
generally.
(Com. Sub. for S. B. No. 456), Requiring state agencies
administering funds or grants notify grantee in certain cases.
(S. B. No. 480), Exempting nonprofit licensed nursing homes from
registration under solicitation of charitable funds act.
(S. B. No. 482), Reclassifying juvenile detention and corrections
facility employees.
(S. B. No. 512), Authorizing rules of higher education policy commission relating to HEAPS; purchasing efficiencies.
(S. B. No. 517), Relating to valuation of annuities.
(S. B. No. 526), Making supplementary appropriation of public
moneys from unappropriated surplus balance in general revenue to
division of rehabilitation services.
(Com. Sub. for S. B. No. 554), Continuing guardianship or
conservatorship of deceased protected persons.
(Com. Sub. for S. B. No. 566), Establishing Unborn Victims of
Violence Act.
(S. B. No. 569), Clarifying and preserving irrevocability of
certain trusts.
(S. B. No. 574), Allowing commissioner to sell liquor warehouse
under certain circumstances.
(S. B. No. 577), Continuing board of registration for foresters.
(S. B. No. 631), Relating to state fertilizer law.
(S. B. No. 636), Relating to employment of members of teachers
defined benefit retirement system.
(S. B. No. 645), Appointing interim judges to court of claims.
(S. B. No. 671), Clarifying appeal bond procedures relating to
master tobacco settlement.
(Com. Sub. for S. B. No. 675), Relating to outdoor advertising
revenues.
(Com. Sub. for S. B. No. 700), Requiring state agencies make
timely payments for telecommunications services; other provisions.
(S. B. No. 713), Expiring funds to unappropriated balance of
general revenue from board of risk and insurance management, premium
tax savings fund.
(S. B. No. 714), Expiring funds to unappropriated balance of
general revenue from insurance commission fund.
(S. B. No. 715), Expiring funds to unappropriated balance of
general revenue from public service commission.
(S. B. No. 717), Terminating agencies following full performance
evaluations.
(S. B. No. 718), Authorizing board of examiners of psychologists
set fees by rule.
(S. B. No. 734), Extending time for town council of Smithers to
meet as levying body for election of additional levy.
And,
(H. B. No. 4084), West Virginia Pharmaceutical Availability and
Affordability Act.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
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 22nd day of March, 2004, presented to His
Excellency, the Governor, for his action, the following bills, signed
by the President of the Senate and the Speaker of the House of
Delegates:
(Com. Sub. for H. B. No. 2914), Relating to the rehabilitation
and liquidation of insurers subject to the regulatory authority of the West Virginia insurance commissioner
.
(Com. Sub. for H. B. No. 4001), Ensuring safer schools and
empowering teachers by automating student suspension and expulsion
data
.
(Com. Sub. for H. B. No. 4033), Authorizing the issuance of new
parkway revenue bonds
.
(H. B. No. 4040), Relating to criteria for making decisions
affecting the filling of vacancies if one or more permanently employed
instructional personnel apply for a classroom teaching position
.
(Com. Sub. for H. B. No. 4211), Authorizing the Department of
Transportation to promulgate legislative rules
.
(Com. Sub. for H. B. No. 4217), Authorizing the department of tax
and revenue to promulgate legislative rules
.
(Com. Sub. for H. B. No. 4271), Requiring all schools to permit
students to self-administer asthma medication
.
(Com. Sub. for H. B. No. 4291), Continuing education requirements
for licensed healthcare professionals on the subject of end-of-life
care training
.
(Com. Sub. for H. B. No. 4294), Removing the requirement that
funds expended from the worthless check fund to pay for additional
deputy clerks be proportionate to the time expended on worthless check
cases
.
(Com. Sub. for H. B. No. 4297), Clarifying that the county board
of education and its superintendent may designate the places where
competency testing for service personnel will be held
.
(H. B. No. 4304), Continuing the children's health insurance
board
.
(H. B. No. 4350), Continuing the West Virginia state police
.
(Com. Sub. for H. B. No. 4412), Requiring the children's health
insurance board to submit a modification of its benefit plan
.
(H. B. No. 4415), Giving the state auditor flexibility in
determining when to conduct audits on local government offices
.
(Com. Sub. for H. B. No. 4450), Permitting the sale of timber
severed in a state park incidental to construction activities
.
(Com. Sub. for H. B. No. 4455), Extending the term of the waste
tire remediation funds
.
(H. B. No. 4478), Lengthening the time period which county boards
are required to publish a year-end financial statement
.
(H. B. No. 4479), Continuing the department of health and human
resources
.
(H. B. No. 4530), Continuing the meat and poultry inspection
program
.
(Com. Sub. for H. B. No. 4559), Providing urban mass
transportation authorities expanded competitive procurement procedures
for the purchase of supplies, equipment and materials
.
(H. B. No. 4737), Providing options for members of teachers
retirement to make contributions for periods of temporary total
disability
.
And,
(H. B. No. 4745), Relating to administration of repairs to
vehicles and equipment by the division of highways
.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
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 25th day of March, 2004, presented to His
Excellency, the Governor, for his action, the following bills, signed
by the President of the Senate and the Speaker of the House of
Delegates:
(Com. Sub. for S. B. No. 28), Exempting certain personal property
from levy, forced sale, attachment or execution.
(Com. Sub. for S. B. No. 125), Permitting solicitation of certain
state employees for contributions to certain campaigns in local or
county elections.
(Com. Sub. for S. B. No. 133), Budget bill.
(Com. Sub. for Com. Sub. for S. B. No. 143), Relating to small
employer accident and sickness insurance policies.
(S. B. No. 148), Creating Tax Amnesty Program of 2004.
(S. B. No. 536), Relating to claims against state.
(S. B. No. 575), Continuing motor vehicle dealers advisory board.
(S. B. No. 578), Continuing design-build board.
(Com. Sub. for S. B. No. 596), Relating to powers and duties of
board of directors of state board of risk and insurance management.
(Com. Sub. for S. B. No. 672), Relating to municipalities' right
to collect public utility fees.
(S. B. No. 697), Delegating motor carrier inspector duties to
weight enforcement officers.
(S. B. No. 720), Relating to unused state private activity bond
volume cap.
(S. B. No. 722), Repealing section prohibiting giving away or
selling liquor in buildings where boxing is held.
(S. B. No. 726), Continuing steel advisory commission and steel
futures program.
(H. B. No. 4371), Extending the pilot program for the uninsured
and underinsured
.
(H. B. No. 4709), Allowing the commissioner of labor to charge
fees for laboratory services and calibrations
.
(H. B. No. 4748), Supplemental appropriation in the state excess
lottery revenue fund, to the lottery commission - refundable credit
.
(H. B. No. 4749), Supplementing, amending and increasing items of
the existing appropriations from the state road fund to the department
of transportation, division of highways
.
(H. B. No. 4750), Supplemental appropriation of federal funds out
of the treasury from the balance of moneys remaining unappropriated to
the department of education - state department of education
.
(H. B. No. 4751), Supplemental appropriation to the department of
military affairs and public safety - adjutant general - state militia
.
(H. B. No. 4752), Supplemental appropriation to the department of
tax and revenue - division of banking
.
(H. B. No. 4754), Supplemental appropriation to the department of
transportation - division of motor vehicles
.
(H. B. No. 4755), Supplemental appropriation to a new item of
appropriation designated the coal heritage highway authority
.
(H. B. No. 4756), Supplemental appropriation to the West Virginia state board of examiners for licensed practical nurses
.
(H. B. No. 4757), Supplemental appropriation to the department of
military affairs and public safety - division of criminal justice
services
.
(H. B. No. 4758), Supplemental appropriation to the department of
military affairs and public safety - division of criminal justice
services - juvenile accountability incentive
.
(H. B. No. 4760), Supplemental appropriation to the governor's
office - office of economic opportunity
.
(H. B. No. 4761), Supplemental appropriation to the department of
agriculture - donated food fund
.
(H. B. No. 4762), Supplemental appropriation to the department of
military affairs and public safety - office of emergency services
.
And,
(H. B. No. 4763), Extending the time for the city council of
Dunbar to meet as a levying body for the purpose of presenting to the
voters of the city an election to continue an additional city levy
.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
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 26th day of March, 2004, presented to His
Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of
Delegates:
(Com. Sub. for S. B. No. 139), Creating Tourism Development Act.
(Com. Sub. for Com. Sub. for S. B. No. 149), Relating generally
to department of tax and revenue.
(Com. Sub. for S. B. No. 161), Creating Model Health Plan for
Uninsurable Individuals Act.
(Com. Sub. for S. B. No. 163), Establishing Water Resources
Protection Act.
(Com. Sub. for S. B. No. 230), Relating to definitions of
casualty insurance and federal flood insurance; other provisions.
(Com. Sub. for S. B. No. 271), Relating to racial profiling data
collection.
(Com. Sub. for S. B. No. 320), Relating to certification of title
for mobile and manufactured homes.
(S. B. No. 321), Providing personal income tax adjustment to
gross income of certain retirees.
(Com. Sub. for S. B. No. 399), Authorizing miscellaneous boards
and agencies to promulgate legislative rules.
(Com. Sub. for S. B. No. 404), Clarifying term "behavioral health
services"; removing "community care services".
(S. B. No. 406), Relating to victim notification of defendant's
release.
(S. B. No. 418), Allowing certain sheriff employees to carry
deadly weapons.
(Com. Sub. for S. B. No. 420), Relating generally to motor fuels
excise tax.
(S. B. No. 444), Requiring county litter control officers to
enforce litter laws.
(S. B. No. 450), Relating to long-term care insurance policies.
(S. B. No. 479), Relating to licensing foreign insurers.
(Com. Sub. for H. B. No. 2088), Authorizing local law-enforcement
officers who are members of drug task forces to have access to
prescription drug monitoring data
.
(Com. Sub. for H. B. No. 2200), Creating the felony offense of
destruction of property.
(Com. Sub. for H. B. No. 2423), Awarding high school diplomas to
certain veterans.
(Com. Sub. for H. B. No. 3097), Prescribing proper venue in civil
actions involving West Virginia university and Marshall university
.
(Com. Sub. for H. B. No. 3189), Reducing the total tax credits
available under the capital company act during the fiscal year
beginning on the first day of July, two thousand four.
(Com. Sub. for H. B. No. 4004), Establishing an insurance fraud
unit within the office of the insurance commissioner.
(Com. Sub. for H. B. No. 4086), Including Gulf War and
Afghanistan conflict veterans on the veterans' council
.
(H. B. No. 4107), Allowing licensees of charitable bingo and
raffle games to transfer game proceeds between their bingo and raffle
operations.
(H. B. No. 4134), Substituting the governor's chief technology
officer as a member of the employee suggestion award program.
(Com. Sub. for H. B. No. 4257), Increasing the amount of prizes
that may be given in the conduct of charitable raffles without a license.
(Com. Sub. for H. B. No. 4266), Requiring regulatory agencies of
government, with exceptions, to study ways to expedite the issuance of
licenses, permits and certificates
.
(H. B. No. 4295), Exempting state bonds from taxation.
(Com. Sub. for H. B. No. 4354), Authorizing county commissions to
adopt ordinances to reduce false alarms
.
(Com. Sub. for H. B. No. 4388), Creating new misdemeanor and
felony offenses and associated penalties related to the possession,
creation and use of original, duplicated, altered or counterfeit
retail sales receipts and universal product code labels with the
intent to defraud
.
(H. B. No. 4403), Repealing the requirement of affidavits
acknowledging receipt of compensation
.
(H. B. No. 4451), Clarifying that the economic development
authority and tax commissioner are authorized to require certain
examination and compliance actions
.
(H. B. No. 4464), Extending the time for the county commission of
Cabell County to present to the voters an election to consider an
excess levy for fire protection services, firefighting training and
economic development
.
(Com. Sub. for H. B. No. 4492), Creating the criminal offense of
soliciting a minor via computer.
(H. B. No. 4521), Increasing the current annual registration fee
for underground storage tanks and requiring the DEP to annually report
on the status of the fund and the underground storage tank program
.
(H. B. No. 4552), Relating to grounds for the revocation of teacher certificates.
(Com. Sub. for H. B. No. 4561), Authorizing the director of the
division of natural resources to allow nonresidents to train dogs for
coon hunting.
(H. B. No. 4587), Including persons who are members or
consultants to review organizations within the definition of health
care professionals for peer review purposes
.
(H. B. No. 4601), Relating to public education generally.
(Com. Sub. for H. B. No. 4605), Clarifying certain provisions of
the West Virginia Code as they relate to domestic violence offenses
and related protective orders that are issued by various courts.
(H. B. No. 4627), Honoring academic performance of West
Virginians graduating from U.S. military academies
.
And,
(H. B. No. 4658), Relating to defense of self, others and
property and providing limited immunity from civil liability.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
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 31st day of March, 2004, presented to His
Excellency, the Governor, for his action, the following bills, signed
by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 197), Relating generally to distribution
of net terminal income of racetrack video lottery terminals.
(Com. Sub. for Com. Sub. for S. B. No. 204), Relating to
strategic research and development tax credit.
(S. B. No. 316), Providing procedures for determining daily cost
for certain inmates.
(Com. Sub. for S. B. No. 460), Relating to regulating surveyors
and underground surveyors.
(Com. Sub. for S. B. No. 508), Relating to commission on arts.
(Com. Sub. for S. B. No. 513), Relating to jobs investment trust
board.
(S. B. No. 573), Providing procedure for economic development
authority to address problems of state minorities.
(Com. Sub. for Com. Sub. for S. B. No. 616), Relating to
environmental protection advisory council.
(Com. Sub. for S. B. No. 637), Relating to termination of tenancy
of factory-built home site; other provisions.
(S. B. No. 638), Authorizing special license plate for Davis &
Elkins college and plate recognizing breast cancer survivors.
(S. B. No. 673), Relating to reporting requirements on coal
resource transportation roads.
(Com. Sub. for S. B. No. 694), Establishing Fairness in
Competitive Bidding Act.
(Com. Sub. for Com. Sub. for S. B. No. 701), Authorizing certain
taxes imposed by municipalities.
(S. B. No. 719), Increasing tax on providers of nursing facility services.
(Com. Sub. for H. B. No. 2755), Creating a criminal penalty for
persons receiving stolen property that was obtained by means other
than through the commission of a theft
.
(H. B. No. 2991), Relating to the fee charged by fiduciary
commissioners in settling an estate
.
(Com. Sub. for H. B. No. 4009), Creating a position for a state
Americans with disabilities coordinator within the department of
administration
.
(Com. Sub. for H. B. No. 4019), Prohibiting the division of motor
vehicles' sale of personal information for bulk distribution of
surveys, marketing and solicitations
.
(Com. Sub. for H. B. No. 4037), Providing for safe schools
through alternative education programs and providing certain juvenile
justice records to public school officials
.
(Com. Sub. for H. B. No. 4043), Establishing the priority for
early childhood education in the basic skills of reading, mathematics
and English language arts
.
(H. B. No. 4083), Continuing the veterans' council
.
(H. B. No. 4119), Allowing a phase-in of the transfer of hotel
taxing authority when a municipality annexes a hotel to allow the
retirement of any debt incurred by the county or to otherwise phase in
the transfer of taxing authority to the municipality
.
(H. B. No. 4140), Requiring the ethics commission to establish a
code of conduct for state administrative law judges
.
(Com. Sub. for H. B. No. 4148), Allowing bail bondsmen to deliver
offenders to county or regional jails without bailpiece if a magistrate or circuit clerk is inaccessible
.
(Com. Sub. for H. B. No. 4156), Providing the West Virginia state
police with the ability to define and draw DNA samples from convicted
felons for the purpose of maintaining a DNA database
.
(Com. Sub. for H. B. No. 4166), Removing the description
requirements in deeds for easements and rights-of-way for mineral
leases
.
(Com. Sub. for H. B. No. 4193), Authorizing the Department of
Environmental Protection to promulgate legislative rules
.
(H. B. No. 4247), Clarifying that the board of registration for
professional engineers may assess civil penalties
.
(Com. Sub. for H. B. No. 4250), Providing good faith protection
for licensed psychologists and psychiatrists acting upon appointment
by a court in child custody cases
.
(Com. Sub. for H. B. No. 4318), Imposing personal income tax on
funds withdrawn from a prepaid college tuition contract or other
college savings plans
.
(Com. Sub. for H. B. No. 4364), Including division of forestry
employees in the assault and battery statute with similar state
personnel
.
(Com. Sub. for H. B. No. 4374), Relating to manufactured housing
construction and safety standards
.
(H. B. No. 4411), Changing certain reporting requirements in the
West Virginia workforce investment act
.
(H. B. No. 4418), Continuing the board of architects
.
(H. B. No. 4419), Continuing the board of landscape architects
.
(Com. Sub. for H. B. No. 4433), Creating the crime of abuse and neglect of an elderly person and the crime of misuse or
misappropriation of the funds or assets of an elderly person
.
(H. B. No. 4456), Extending the time for the Harrison County
commission to submit a proposed levy to the Harrison County voters for
approval or rejection intended to finance vital public services
.
(Com. Sub. for H. B. No. 4501), Creating exemptions from the
consumers sales and services tax for e-commerce vendors and other high
technology businesses
.
(H. B. No. 4532), Continuing the state fire commission
.
(Com. Sub. for H. B. No. 4536), Establishing the law-enforcement
reemployment act
.
(H. B. No. 4553), Relating to standards for awarding certificates
to teach in the public schools
.
(H. B. No. 4581), Continuing the division of protective services
.
(H. B. No. 4582), Limiting the division of labor elevator
inspectors to inspection of elevators in state owned buildings
.
(H. B. No. 4622), Repealing the section of the code relating to
the exemption of lottery prizes from taxation
.
(H. B. No. 4623), Repealing the section of the code relating to
expenditure of excess in collections upon approval of governor
.
(H. B. No. 4625), Authorizing the tourism commission the use of
the tourism promotion fund to support the 2004 Pete Dye West Virginia
Classic
.
(H. B. No. 4634), Requiring persons incarcerated in county and
regional jails who have been convicted of a misdemeanor reimburse the
county for the cost incurred for his or her incarceration
.
(H. B. No. 4641), Establishing a credentialing program for
dialysis technicians by the board of registered professional nurses
.
(Com. Sub. for H. B. No. 4655), Giving the children's health
insurance program the right of subrogation
.
(H. B. No. 4669), Providing for establishment of special
five-year demonstration professional development school project
.
(H. B. No. 4671), Relating to the disposal of law enforcement
weapons when replaced due to routine wear
.
And,
(H. B. No. 4672), Relating to calculation of workers'
compensation premiums for members of limited liability companies
.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
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 1st day of April, 2004, presented to His
Excellency, the Governor, for his action, the following bills, signed
by the President of the Senate and the Speaker of the House of
Delegates:
(Com. Sub. for S. B. No. 176), Relating to investments and
investment practices of insurance companies.
(S. B. No. 317), Increasing parolee supervision fee.
(S. B. No. 428), Relating to captive insurance companies.
(Com. Sub. for Com. Sub. for S. B. No. 454), Relating to land-use
planning.
(Com. Sub. for S. B. No. 505), Creating motor vehicle
classification of "low-speed vehicle".
(Com. Sub. for S. B. No. 516), Establishing eastern panhandle
transportation authority.
(Com. Sub. for S. B. No. 518), Relating to policemen and firemen
required to work during holidays; compensation.
(Com. Sub. for S. B. No. 533), Authorizing division of
corrections charge certain adult offenders transfer application fee.
(Com. Sub. for S. B. No. 556), Exempting retailers of automobiles
and trucks from definition of credit services organizations.
(S. B. No. 558), Relating to misuse of power of attorney or other
fiduciary relationship; penalty.
(Com. Sub. for H. B. No. 2268), Teachers and substitute teachers
as professional educators and addressing the critical need and
shortage thereof
.
(Com. Sub. for H. B. No. 2801), Requiring the ethics commission
to furnish copies of all advisory opinions issued by the commission to
the West Virginia Legislature and the supreme court law library
.
(H. B. No. 3150), Barring state officers, agencies or entities
from requiring that surety, payment, performance or bid bonds be
obtained from any particular company
.
(H. B. No. 4008), Abolishing the insurance and retirement
division and creating a new employee and insurance services division
.
(Com. Sub. for H. B. No. 4047), Creating a high growth business
investment tax credit to encourage investment by state citizens and businesses in certain companies started by fellow West Virginians
.
(Com. Sub. for H. B. No. 4072), Providing for a unified approach
to the long-term planning and implementation of technology in the
public schools
.
(Com. Sub. for H. B. No. 4085), Clarifying certain terms related
to the Ron Yost Personal Assistance Services Act
.
(Com. Sub. for H. B. No. 4205), Authorizing the department of
health and human resources to promulgate legislative rules
.
(Com. Sub. for H. B. No. 4259), Revising the composition, powers
and duties of the Governor's Cabinet on Children and Families
.
(H. B. No. 4308), Providing immunity from civil damages to
workers who in good faith provide services or materials, without
remuneration, to build or install certain universal accessibility
features in accordance with applicable state and federal laws
.
(H. B. No. 4330), Revising the law governing vital records
.
(H. B. No. 4480), Continuing West Virginia's participation in the
interstate commission on the Potomac River basin
.
(Com. Sub. for H. B. No. 4516), Relating to the state
conservation committee and conservation districts
.
(H. B. No. 4531), Continuing the public employees insurance
agency finance board
.
(H. B. No. 4567), Relating to the motor carrier road tax and
international fuel tax agreement
.
(H. B. No. 4740), Relating to the establishment, initial funding
and operation of a patient injury compensation fund
.
And,
(H. B. No. 4746), Relating generally to the state treasurer's office
.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
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 2nd day of April, 2004, presented to His
Excellency, the Governor, for his action, the following bills, signed
by the President of the Senate and the Speaker of the House of
Delegates:
(H. B. No. 4055), Creating a compact between states for the
protection and return of juvenile offenders, runaways and other
juveniles.
(H. B. No. 4068), Allowing the hunting of coyotes by use of amber
colored artificial light with certain restrictions.
(Com. Sub. for H. B. No. 4123), Authorizing the supreme court of
appeals to create a panel of senior magistrate court clerks.
(Com. Sub. for H. B. No. 4303), Relating to Gramm-Leach-Bliley
and reciprocity.
(Com. Sub. for H. B. No. 4377), Assessing a penalty on those
physicians who fail to pay the special assessment
.
(H. B. No. 4453), Relating to the deputy sheriff's retirement
system.
(H. B. No. 4468), Allowing housing development authorities to pay for persons of eligible income the costs of preparation and recording
of any title instrument, deed of trust, note or security instrument
and the amount of impact fees imposed.
(H. B. No. 4523), Allowing certain racing associations or
licensees qualifying for an alternate tax to increase the number of
races each performance.
(Com. Sub. for H. B. No. 4607), Conferring the duties of the
industrial revenue bond allocation review committee to the board of
the West Virginia economic development authority.
And,
(H. B. No. 4624), Relating generally to tax increment financing
.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency, the
Governor, advising that on March 22, 2004, he had approved Enr. Senate
Bill No. 526, Enr. Senate Bill No. 577, Enr. Senate Bill No. 713, Enr.
Senate Bill No. 714, Enr. Senate Bill No. 715, Enr. House Bill No.
4097, Enr. Committee Substitute for House Bill No. 4168, Enr.
Committee Substitute for House Bill No. 4517, Enr. House Bill No. 4546, Enr. House Bill No. 4547, Enr. House Bill No. 4548, Enr. House
Bill No. 4549, Enr. House Bill No. 4550 and Enr. House Bill No. 4551;
on March 23, 2004, he had approved Enr. Senate Bill No. 100, Enr.
Committee Substitute for Senate Bill No. 181, Enr. Senate Bill No.
469, Enr. Senate Bill No. 470, Enr. Senate Bill No. 506, Enr. Senate
Bill No. 576 and Enr. Senate Bill No. 645; on March 25, 2004, he had
approved Enr. Committee Substitute for House Bill No. 3096, Enr.
Committee Substitute for House Bill No. 4027, Enr. Committee
Substitute for House Bill No. 4104, Enr. Committee Substitute for
House Bill No. 4143, Enr. House Bill No. 4157, Enr. Committee
Substitute for House Bill No. 4200, Enr. House Bill No. 4248, Enr.
Committee Substitute for House Bill No. 4299, Enr. Committee
Substitute for House Bill No. 4373, Enr. Committee Substitute for
House Bill No. 4491, Enr. House Bill No. 4554, Enr. House Bill No.
4598 and Enr. Committee Substitute for House Bill No. 4649; on March
26, 2004, he had approved Enr. House Bill No. 4748, Enr. House Bill
No. 4749, Enr. House Bill No. 4750, Enr. House Bill No. 4751, Enr.
House Bill No. 4752, Enr. House Bill No. 4754, Enr. House Bill No.
4755, Enr. House Bill No. 4756, Enr. House Bill No. 4757, Enr. House
Bill No. 4758, Enr. House Bill No. 4760, Enr. House Bill No. 4761 and
Enr. House Bill No. 4762; on March 30, 2004, he had approved Enr.
Committee Substitute for Senate Bill No. 161; on March 31, 2004, he
had approved Enr. Senate Bill No. 200, Enr. Committee Substitute for
Senate Bill No. 271, Enr. Senate Bill No. 573, Enr. Committee
Substitute for House Bill No. 4004, Enr. Committee Substitute for
House Bill No. 4019 and Enr. House Bill No. 4669; on April 1, 2004, he
had approved Enr. Committee Substitute for Senate Bill No. 139, Enr. Senate Bill No. 148, Enr. Committee Substitute for Committee
Substitute for Senate Bill No. 204, Enr. Committee Substitute for
Senate Bill No. 556, Enr. Senate Bill No. 558, Enr. Committee
Substitute for House Bill No. 4047, Enr. House Bill No. 4107, Enr.
House Bill No. 4134, Enr. Committee Substitute for House Bill No.
4217, Enr. House Bill No. 4451, Enr. Committee Substitute for House
Bill No. 4501 and Enr. House Bill No. 4587; on April 2, 2004, he had
approved Enr. Committee Substitute for Senate Bill No. 28, Enr.
Committee Substitute for Committee Substitute for Senate Bill No. 143,
Enr. Committee Substitute for Senate Bill No. 230, Enr. Committee
Substitute for Senate Bill No. 320, Enr. Committee Substitute for
Senate Bill No. 404, Enr. Committee Substitute for Senate Bill No.
420, Enr. Committee Substitute for Committee Substitute for Senate
Bill No. 431, Enr. Senate Bill No. 450, Enr. Committee Substitute for
Senate Bill No. 505, Enr. Committee Substitute for Senate Bill No.
516, Enr. Committee Substitute for Senate Bill No. 518, Enr. Committee
Substitute for Senate Bill No. 533, Enr. Senate Bill No. 575, Enr.
Committee Substitute for Senate Bill No. 596, Enr. Senate Bill No.
720, Enr. Senate Bill No. 726, Enr. Committee Substitute for House
Bill No. 2088, Enr. Committee Substitute for House Bill No. 2423, Enr.
House Bill No. 4371, Enr. Committee Substitute for House Bill No.
4388, Enr. House Bill No. 4521, Enr. House Bill No. 4552, Enr. House
Bill No. 4627, Enr. House Bill No. 4658 and Enr. House Bill No. 4740;
on April 5, 2004, he had approved Enr. Committee Substitute for Senate
Bill No. 71, Enr. Committee Substitute for Senate Bill No. 125, Enr.
Committee Substitute for Senate Bill No. 208, Enr. Senate Bill No.
286, Enr. Senate Bill No. 317, Enr. Senate Bill No. 319, Enr. Senate Bill No. 323, Enr. Committee Substitute for Senate Bill No. 327, Enr.
Committee Substitute for Senate Bill No. 350, Enr. Committee
Substitute for Senate Bill No. 399, Enr. Senate Bill No. 402, Enr.
Senate Bill No. 406, Enr. Senate Bill No. 428, Enr. Senate Bill No.
479, Enr. Senate Bill No. 480, Enr. Senate Bill No. 482, Enr.
Committee Substitute for Senate Bill No. 508, Enr. Senate Bill No.
512, Enr. Committee Substitute for Senate Bill No. 513, Enr. Senate
Bill No. 517, Enr. Committee Substitute for Senate Bill No. 554, Enr.
Senate Bill No. 569, Enr. Senate Bill No. 574, Enr. Senate Bill No.
578, Enr. Senate Bill No. 631, Enr. Committee Substitute for Senate
Bill No. 637, Enr. Senate Bill No. 638, Enr. Senate Bill No. 671, Enr.
Committee Substitute for Senate Bill No. 672, Enr. Committee
Substitute for Senate Bill No. 675, Enr. Senate Bill No. 697, Enr.
Senate Bill No. 717, Enr. Senate Bill No. 718, Enr. Senate Bill No.
722, Enr. Senate Bill No. 734, Enr. Committee Substitute for House
Bill No. 2200, Enr. Committee Substitute for House Bill No. 2268, Enr.
Committee Substitute for House Bill No. 2755, Enr. Committee
Substitute for House Bill No. 2914, Enr. House Bill No. 4040, Enr.
House Bill No. 4068, Enr. Committee Substitute for House Bill No.
4072, Enr. Committee Substitute for House Bill No. 4086, Enr.
Committee Substitute for House Bill No. 4123, Enr. House Bill No.
4140, Enr. Committee Substitute for House Bill No. 4148, Enr.
Committee Substitute for House Bill No. 4156, Enr. Committee
Substitute for House Bill No. 4160, Enr. Committee Substitute for
House Bill No. 4193, Enr. Committee Substitute for House Bill No.
4205, Enr. House Bill No. 4247, Enr. Committee Substitute for House
Bill No. 4250, Enr. Committee Substitute for House Bill No. 4257, Enr. Committee Substitute for House Bill No. 4266, Enr. Committee
Substitute for House Bill No. 4271, Enr. Committee Substitute for
House Bill No. 4294, Enr. House Bill No. 4295, Enr. Committee
Substitute for House Bill No. 4318, Enr. Committee Substitute for
House Bill No. 4364, Enr. House Bill No. 4403, Enr. House Bill No.
4411, Enr. Committee Substitute for House Bill No. 4412, Enr. House
Bill No. 4415, Enr. Committee Substitute for House Bill No. 4433, Enr.
Committee Substitute for House Bill No. 4455, Enr. House Bill No.
4456, Enr. House Bill No. 4478, Enr. House Bill No. 4479, Enr. House
Bill No. 4480, Enr. House Bill No. 4530, Enr. House Bill No. 4532,
Enr. Committee Substitute for House Bill No. 4536, Enr. House Bill No.
4553, Enr. House Bill No. 4582, Enr. House Bill No. 4625, Enr. House
Bill No. 4634, Enr. House Bill No. 4641,Enr. House Bill No. 4671, Enr.
House Bill No. 4672, Enr. House Bill No. 4737 and Enr. House Bill No.
4763; on April 6, 2004, he had approved Enr. Committee Substitute for
Committee Substitute for Senate Bill No. 149, Enr. Committee
Substitute for Senate Bill No. 163, Enr. Committee Substitute for
Senate Bill No. 197, Enr. Senate Bill No. 321, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 408, Enr.
Senate Bill No. 444, Enr. Committee Substitute for Senate Bill No.
456, Enr. Committee Substitute for Senate Bill No. 460, Enr. Committee
Substitute for Committee Substitute for Senate Bill No. 701, Enr.
Committee Substitute for House Bill No. 2801, Enr. House Bill No.
2991, Enr. Committee Substitute for House Bill No. 3097, Enr.
Committee Substitute for House Bill No. 3189, Enr. Committee
Substitute for House Bill No. 4001, Enr. House Bill No. 4008, Enr.
Committee Substitute for House Bill No. 4009, Enr. Committee Substitute for House Bill No. 4033, Enr. Committee Substitute for
House Bill No. 4037, Enr. Committee Substitute for House Bill No.
4043, Enr. House Bill No. 4055, Enr. Committee Substitute for House
Bill No. 4083, Enr. House Bill No. 4084, Enr. Committee Substitute for
House Bill No. 4085, Enr. Committee Substitute for House Bill No.
4259, Enr. Committee Substitute for House Bill No. 4303, Enr. House
Bill No. 4330, Enr. Committee Substitute for House Bill No. 4374, Enr.
House Bill No. 4419, Enr. Committee Substitute for House Bill No.
4450, Enr. House Bill No. 4453, Enr. House Bill No. 4464, Enr.
Committee Substitute for House Bill No. 4492, Enr. Committee
Substitute for House Bill No. 4516, Enr. House Bill No. 4531, Enr.
Committee Substitute for House Bill No. 4561, Enr. House Bill No.
4567, Enr. House Bill No. 4581, Enr. Committee Substitute for House
Bill No. 4607, Enr. House Bill No. 4622, Enr. Committee Substitute for
House Bill No. 4624, Enr. Committee Substitute for House Bill No.
4655, Enr. House Bill No. 4709 and Enr. House Bill No. 4746; and on
April 7, 2004, he had approved Enr. Senate Bill No. 176, Enr. Senate
Bill No. 316, Enr. Senate Bill No. 418, Enr. Senate Bill No. 536, Enr.
Committee Substitute for Senate Bill No. 700, Enr. Senate Bill No.
673, Enr. Senate Bill No. 719, Enr. House Bill No. 3150, Enr.
Committee Substitute for House Bill No. 4211, Enr. Committee
Substitute for House Bill No. 4291, Enr. Committee Substitute for
House Bill No. 4297, Enr. House Bill No. 4304, Enr. House Bill No.
4308, Enr. Committee Substitute for House Bill No. 4350, Enr.
Committee Substitute for House Bill No. 4377, Enr. House Bill No.
4418, Enr. House Bill No. 4468, Enr. House Bill No. 4523, Enr. House
Bill No. 4559, Enr. House Bill No. 4601, Enr. Committee Substitute for House Bill No. 4605 and Enr. House Bill No. 4745.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 26, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 51, Article VI of the
Constitution of West Virginia, I hereby return Enrolled Committee
Substitute for Senate Bill No. 133 approved with the following
objections.
My first objection to the bill is contained in the language found
in Item No. 50, pages 37 through 39, lines 36 through 37, which
states:
"36 Sole Community/Medicare Dependent
37 Hospitals Under 100 Beds 046 $ 750,000"
Federal regulation §42 C. F. R. 431.10(e) establishes the Bureau
for Medical Services as the single state agency with sole authority
concerning the administration of the State Medicaid Program, including
the responsibility to establish provider reimbursement. I believe the
additional language requiring the implementation of a specific
reimbursement methodology violates federal regulation. Therefore, I
am deleting the entire phrase, along with the appropriation, in order
to avoid a conflict with federal regulation.
My second objection to the bill is contained in the language
found in Item No. 50, pages 37 through 39, lines 68 through 70, which
states:
"The above appropriation for Sole Community/Medicare Dependent
Hospitals Under 100 Beds shall be used as additional state match for
cost-based reimbursement."
The appropriation referred to in the above language was contained
on lines 36 through 37 and has been deleted by the action contained in
my first objection. Therefore, I am deleting the entire phrase
because the initial appropriation has been deleted making this
language unnecessary.
My third objection to the bill is contained in the language found
in Item No. 87, page 62, line 1, which states:
"1 WV Council for CTC Education (R) 392 $ 650,000"
The entire appropriation of Item No. 87, West Virginia Council
for Community and Technical College Council--Control Account, is new
for fiscal year 2005; therefore, there is no appropriation in fiscal
year 2004 available to reappropriate into fiscal year 2005. The "(R)"
referred to in the language above is intended to denote items that are
reappropriated. Therefore, I am deleting the "(R)", line 1, because
funds cannot be reappropriated from an account that does not currently
exist, making this language unnecessary.
My fourth objection to the bill is contained in the language
found in Item No. 87, pages 62 through 63, lines 24 through 30, which
states:
"Any unexpended balance remaining in the appropriation for the
West Virginia Council for Community and Technical Education (fund 0589, activity 392) at the close of the fiscal year 2004 is hereby
reappropriated for expenditure during the fiscal year 2005, with the
exception of fund 0355, fiscal year 2004, activity 488 ($1,050) which
shall expire June 30, 2004."
The entire appropriation of Item No. 87, West Virginia Council
for Community and Technical College Council--Control Account, is new
for fiscal year 2005; therefore, there is no appropriation in fiscal
year 2004 available to reappropriate into fiscal year 2005.
Therefore, I am deleting the entire phrase, lines 24 through 30,
because funds cannot be reappropriated from an account that does not
currently exist, making this language unnecessary.
My fifth objection to the bill is contained in the language found
in Item No. 94, pages 67 through 68, lines 3 through 5, which states:
"From the above appropriation for Unclassified--Total--Transfer,
a total of $6,624,593.38 shall be transferred to the general revenue
fund."
Fund 1732, "Unclassified--Total--Transfer", referred to in the
language above contains an appropriation of $0. Therefore, I am
deleting the entire phrase, lines 3 through 5, because funds cannot be
transferred from an appropriation of $0, making this language
unnecessary.
My sixth objection to the bill is contained in the language found
in Item No. 135, pages 82 through 83, lines 16 through 21, which
states:
"From the above appropriation, Public Employees Insurance Reserve
Fund--Transfer, $1,000,000 shall be expended for the Sole Community
Hospitals/Medicare Dependent Hospitals Under 100 Beds. These funds shall be used as additional state match to establish cost-based
reimbursement."
Federal regulation §42 C. F. R. 431.10(e) establishes the Bureau
for Medical Services as the single state agency with sole authority
concerning the administration of the State Medicaid Program, including
the responsibility to establish provider reimbursement. I believe the
additional language requiring the implementation of a specific
reimbursement methodology violates federal regulation. Therefore, I
am deleting the entire phrase in order to avoid a conflict with
federal regulation.
My seventh objection to the bill is contained in the language
found in Item No. 256, page 126, line 1, which states:
"1 Unclassified--Total (R) 096 $ 14,500,000"
The "(R)" referred to in the language above is intended to denote
that items are reappropriated. Fund 8854, fiscal year 2005, activity
096, is not reappropriated. Therefore, I am deleting the "(R)" in
line 1 since this activity is not reappropriated, making this language
unnecessary.
My eighth objection to the bill is contained in the language
found in Sec. 9. Appropriations from surplus accrued, pages 138
through 141, which states in pertinent part:
"314--Joint Expenses
(WV Code Chapter 4)
Fund FY 2005 Org 2300
1 Tax Reduction and Federal Funding
2 Increased Compliance (TRAFFIC) 642 $ 5,000,000
315--Workers' Compensation Commission
(WV Code Chapter 23)
Fund FY 2005 Org 0322
1 Self-Insured Security Pool 033 $ 5,000,000"
"317--Adjutant General--
State Militia
(WV Code Chapter 15)
Fund FY 2005 Org 0603
1 Armory Capital Improvements 325 $ 2,000,000"
"322--Division of Culture and History
(WV Code Chapter 29)
Fund FY 2005 Org 0432
1 State Museum 036 $ 1,000,000
323--Governor's Office--
Civil Contingent Fund
(WV Code Chapter 5)
Fund FY 2005 Org 0100
1 Flood Reparations 400 $ 400,000
From the above appropriation, $300,000 shall be allocated to
Wyoming County and $100,000 shall be allocated to Greenbrier County.
324--West Virginia Development Office
(WV Code Chapter 5B)
Fund FY 2005 Org 0307
1 Local Economic Development Assistance 819 $ 3,244,651
325--Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund FY 2005 Org 0218
1 Unfunded Liability Payment 037 $ 7,000,000
326--Division of Finance
(WV Code Chapter 5A)
Fund FY 2005 Org 0209
1 FIMS Upgrade to Open Platform 038 $ 10,000,000"
These appropriations are deleted in their entirety for the
following reasons:
Tax Reduction and Federal Funding Increased Compliance (TRAFFIC).
This fund has already been adequately funded, both in this budget bill
and other legislation. Indeed, together this fund will now have in
excess of $22 million, a significant increase from its earlier balance
of $8 million.
Self-Insured Security Pool, Workers' Compensation Commission.
Because I have proposed a more effective and immediate means to deal
with the unfunded liability, I am deleting this amount. While I
appreciate the Legislature's attempt to begin dealing with this
problem, we must work together to address more quickly this problem
that affects the state's bond rating, business stability and twenty
percent of its workforce.
Armory Capital Improvements, Adjutant General. While perhaps
worthy, this was not contained in my original budget request and
should not be funded without further review of the need and uses of
those moneys.
State Museum, Division of Culture and History. While certainly
worthy, this particular project was not originally funded in my budget
request and should be funded only upon further review.
Flood Reparations, Governor's Office--Civil Contingent Fund. My
office, together with the Legislature, has already provided significant funding to address flood-related expenses, especially in
Wyoming County. This was not in my original budget request and should
not be funded without further review.
Local Economic Development Assistance, West Virginia Development
Office. Funding has already been committed to ongoing economic
development projects in Enrolled Senate Bill No. 1006. Since there is
no explanation or identification of need for this money, that amount
is deleted.
Unfunded Liability Payment, Board of Risk and Insurance
Management. While the Board of Risk and Insurance Management carries
an unfunded liability, moneys are already appropriated in the general
revenue portion of this bill. There is no explanation of what could
be accomplished by appropriating this additional amount. Therefore,
it is deleted subject to further review.
FIMS Upgrade to Open Platform, Division of Finance. This amount
and upgrade have not been requested by my office. Since the state is
not ready to move forward with this project, its funding here is
unnecessary and the amount is deleted.
For the reasons stated herein, I hereby approve with objections
Enrolled Committee Substitute for Senate Bill No. 133.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 7, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
After numerous discussions with both supporters and opponents of
Enrolled Senate Bill No. 448, and after carefully weighing all of the
arguments for and against this legislation, I have decided to sign
this bill into law. The fundamental mission of West Virginia's
community and technical college system is to meet the education and
training needs of our state's businesses and our workforce. I believe
this bill gives our community and technical colleges the independence
and authority they need to fulfill this very important mission for the
benefit of all West Virginians.
For many years, I have believed West Virginia should have a
separate and independent community and technical college system. Two-
year community and technical colleges have different purposes, serve
different student populations and have different organizational
cultures than four-year baccalaureate institutions. I believe
Enrolled Senate Bill No. 448 establishes a governance system that
recognizes and respects the differences between two-year and four-year
institutions and, for the first time in the state's history, gives
two-year institutions a genuine opportunity to grow and succeed.
With the growth and success of our community and technical
colleges, we will expand access to higher education for more of our citizens and boost our educational attainment rate. We will increase
the responsiveness of these institutions to the needs of local
businesses and improve their capacity for effective workforce
development. I believe we can all agree that these are essential
public policy goals for West Virginia, and I think Enrolled Senate
Bill No. 448 puts the right system and process in place for achieving
these goals we share.
As West Virginia has discovered over the last thirty-five years,
organizing a system of higher education to meet the state's needs is
not easy. Since 1969, West Virginia higher education has operated
under four different governance structures, including a single
governing board of regents, two separate governing boards of trustees
and, with the passage of Enrolled Senate Bill No. 653 in 2000, a
single coordinating policy commission. The focus in all of these
governance structures has been the four-year baccalaureate
institutions, not the community and technical colleges. I believe
Enrolled Senate Bill No. 448 provides the emphasis on community and
technical college education that our state has been missing. This is
not to downplay the importance of the four-year institutions. Rather,
this is to say that the two-year and four-year institutions are
equally important and that we need to have a governance structure and
policies in place that reflect this fact. This bill is not a step
backward. It is another step forward in the evolution of Enrolled
Senate Bill No. 653, and it brings West Virginia into greater
structural alignment with leading states, such as North Carolina and
South Carolina, that have made significant progress with their
community and technical college systems.
Numerous external consultants and internal reports have made this
point over the years. As early as 1971, the State Board of Regents
identified the need to establish a system of comprehensive community
and technical college education. The Carnegie Foundation in 1989 and
the National Center for Higher Education Management Systems in 2000
articulated the need for a statewide network of independent community
and technical colleges. In her 2001 report to the Legislature, Kay
McClenney, a nationally respected expert on community college systems,
made it clear that West Virginia was underutilizing and undervaluing
its two-year institutions, and that we needed to do much better in
this regard to reach our education and economic development goals.
Building on more than thirty years of expert findings and
recommendations, Enrolled Senate Bill No. 448 is another decisive step
in the direction of building the comprehensive community and technical
college system that our state desperately needs.
I also believe strongly in the "educational marketplace". Market
forces, including the budget shortfalls we are facing, will reshape
the higher education landscape over the next few years. All
institutions will look and act differently five years from now. I
credit the Legislature for recognizing the economic realities that
confront higher education, and for taking action, with Enrolled Senate
Bill No. 448 and other legislation, to give two-year and four-year
institutions the flexibility and autonomy to deal with these
realities. Challenging comfort, complacency and the status quo is
never easy, but for the sake of our entire higher education system, we
must do so now before it is too late.
Enrolled Senate Bill No. 448 also contains provisions that would allow West Virginia State College, Fairmont State College, Shepherd
College and Concord College to rename themselves as universities. I
support university status for these institutions, and, by signing this
bill, I am pleased to make that status official. In all four cases,
the institutions met the criteria established by the Higher Education
Policy Commission and, thus, they deserve to be recognized as
universities.
I would also like to acknowledge the persistent and passionate
defense of Bluefield State College by legislators, educators and
community members from Mercer and McDowell counties. I met with
Bluefield State supporters on two occasions and members of my senior
staff attended the Bluefield State rally last Friday. I appreciate
the concerns that have been raised about Enrolled Senate Bill No. 448
by Bluefield State supporters, in particular the fear of losing
nationally accredited associate degree programs that are important to
Bluefield State's survival. As written, the bill protects Bluefield
State's associate degree program in nursing. I have been assured by
Jim Skidmore, Nelson Robinson and other members of the Community and
Technical College Council that there is no talk, no plan and no intent
to move the other programs, including the engineering technology and
radiological technician programs, from Bluefield State College to New
River Community and Technical College. I take these assurances very
seriously and I will hold the members of the Council to their word.
To further address the concerns about this bill and to clear up
the confusion and mistrust it has generated, I have asked--and the
Community and Technical College Council has agreed--to convene a
summit very soon in Bluefield between the administrations, faculties and supporters of Bluefield State College and New River Community and
Technical College so there can be a full and public airing of views,
questions and answers about the future relationship between these
institutions. The basis for this relationship should be providing
accessible, affordable, high-quality education and training to the
citizens of Mercer and McDowell counties. Anything less is a
dangerous disservice to all of southern West Virginia.
The commitment to accessibility, accountability and quality in
higher education has been a hallmark of my Administration. By funding
the PROMISE Scholarship, by increasing funding for the Higher
Education Grant and HEAPS Programs, by sparing higher education from
the worst of the budget cuts and by introducing legislation to
simplify tuition and fees and give institutions greater administrative
flexibility, I have worked with the Legislature to take the steps I
believe were necessary to expand access, promote accountability and
improve quality. I am signing Enrolled Senate Bill No. 448 because I
believe it builds on our record in these areas and because it is in
the best interests of all West Virginians from all parts of the state
and from all walks of life. West Virginia's economic future depends
in large part on the capacity and vitality of its community and
technical college system. The time is now to build that capacity and
ensure that vitality, not just for ourselves, but also for generations
to come.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 7, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby approve and file Enrolled
Committee Substitute for Committee Substitute for Senate Bill No. 454
and provide an explanation for such action.
After great consideration, I have decided to sign Enrolled
Committee Substitute for Committee Substitute for Senate Bill No. 454,
relating to land-use planning. Efforts to overhaul the land-use
planning laws of the state have been undertaken by the Legislature and
other interested organizations and individuals over the last two
years. Many of those who have worked with the current land-use
planning laws have found them to be difficult and unclear, as
evidenced by the number of court decisions regarding these statutes.
In 2002 and 2003, the Legislature passed concurrent resolutions
to study the state's land-use planning laws. Throughout 2003, monthly
open meetings were held with participation by the Legislature and
other interested entities, such as the West Virginia Planning
Association, West Virginia Municipal League, West Virginia Manufacturers Association, Home Builders Association of West Virginia,
West Virginia Chamber of Commerce, West Virginia Farm Bureau, West
Virginia Association of Counties, League of Women Voters and County
Commissioners Association of West Virginia. The goal was to modernize
land-use planning laws, a project that had not been significantly
addressed since the laws' origin in 1959, by providing a neutral
framework from which each community in West Virginia could decide for
itself what kind of development it envisions.
Many who oppose this bill have indicated that their opposition
stems from the belief that the new law would absolutely require
counties to adopt a comprehensive plan. That is a misstatement of the
law which I believe has caused some unwarranted opposition. The law
would require that a comprehensive plan be adopted only if the county
creates a planning commission. Further opposition was voiced because
some believe the time limits set forth are unreasonable. The bill
does not set time constraints for the development of a comprehensive
plan. After such plan is composed, it must then be accepted or
rejected by the county commission (or appropriate governing body)
within a reasonable amount of time and with extensive public
participation. The bill allows for the governing body to review a
presented plan for the longer of ninety days or three scheduled
meetings. The governing body may then adopt, reject or amend the
comprehensive plan. Such a time requirement is certainly reasonable,
particularly since it allows for amendment or even rejection of the
proposed plan. Some oppose this bill because they believe it
immediately sets aside their existing comprehensive plan. This is not
true. Indeed, if a planning commission already exists and has a comprehensive plan in place, the county commission may take up to ten
years to revise, amend or replace its current comprehensive plan with
the more modern plan envisioned by this legislation.
In sum, I have decided to sign Enrolled Committee Substitute for
Committee Substitute for Senate Bill No. 454 because it appears to be
a good start at modernizing an antiquated system that has proven to be
difficult to understand and apply. Though some amendments to this
legislation may prove to be necessary, the bill provides much needed
clarity to land-use planning law.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
Veto Messages
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 24, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby veto Enrolled Senate Bill No.
563.
Enrolled Senate Bill No. 563 makes various technical changes to
the Public Employees Retirement System, many of which are needed and
were desired by the Consolidated Public Retirement Board.
Nevertheless, I must veto Enrolled Senate Bill No. 563 because other
changes were made to the bill that would entail increased costs. An
actuarial note was not available. Consequently, without this vital
information, I am unable to consider all consequences of such
legislation.
For the reasons stated above, I must veto Enrolled Senate Bill
No. 563.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 24, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby veto Enrolled Committee
Substitute for Senate Bill No. 566.
The originally stated purpose of this bill, known as the "Unborn
Victims of Violence Act", was to protect pregnant women by levying a
serious punishment on a person that criminally injures a pregnant
woman causing her to lose her fetus. While I strongly support and
endorse a law protecting pregnant women from harm and abuse, Enrolled
Committee Substitute for Senate Bill No. 566 fails to achieve such
protection. In fact, the pregnant woman is not even mentioned in the
bill. Violence against women is a significant problem in the state
and the nation and should not be tolerated under any circumstances,
but this bill does not address that problem.
If the intention of the Legislature was to protect pregnant
women, it should have instituted enhanced penalties for crimes of
violence against pregnant women. Instead, Enrolled Committee
Substitute for Senate Bill No. 566 bestows personhood upon an embryo
or fetus at fertilization and attempts to create a criminal offense
for certain crimes of violence against an embryo or fetus. Rather
than enhancing penalties for a person convicted of committing a crime
of violence against a woman that is pregnant, this type of law
additionally requires proof of intent to harm the embryo or fetus,
which is very difficult to prove. The result would be less punishment
for perpetrators of violence against pregnant women than enhanced
penalties would provide. Enrolled Committee Substitute for Senate
Bill No. 566 focuses on the creation of legal rights for embryos and
fetuses rather than on appropriately punishing criminal conduct.
Additionally, it is difficult to reconcile the disparity in the
premise of this law--how can the proponents of this bill claim to want
to protect all fetuses at all stages of development while it exempts the harm that a pregnant woman may inflict upon her own fetus?
Arguably, there are more fetuses lost to lack of prenatal care,
smoking and consuming alcohol and illegal drugs, such as crack, than
due to injury from an external force. Why is a fetus protected from
one attack upon it, but not another?
Furthermore, if the supporters of this bill were so concerned
about pregnant women and their fetuses, where were they when the state
Medicaid budget was being cut? Fifty-two percent of all births in
West Virginia, over 11,000, are covered by Medicaid. Clearly, a
majority of children born in this state are covered by this program
that provides the only access these pregnant women have to health
care, yet the voice of Enrolled Committee Substitute for Senate Bill
No. 566 advocates was largely absent in this debate. I fought
throughout the entire legislative session to avoid cutting basic
health care programs, including obstetric and gynecologic care, yet I
never saw any intense lobbying on behalf of these pregnant women that
so desperately need prenatal care.
The medical community continues to strongly oppose Enrolled
Committee Substitute for Senate Bill No. 566. One of the priorities
of my administration has been providing quality health care for
citizens of this state. With all of the effort of both my office and
the Legislature over the past three years to keep physicians in the
state, passage of Enrolled Committee Substitute for Senate Bill No.
566 would be a giant step backward. Many obstetricians and
gynecologists across the state, as well as the West Virginia State
Medical Association, have requested that I veto this bill because of
the effect it would have on the availability of health care for pregnant women in West Virginia. The improper medical terminology in
this bill and the ambiguity it creates as to the personhood of
developing embryos and fetuses will place an undue burden upon medical
professionals, as well as legal analysts. These questions must be
sorted out.
Further medical concern is created by bestowing personhood at
fertilization and removing the requirement that the embryo or fetus be
"in the womb". The bill as introduced required, within its
definition, that the fetus be "in the womb" of the pregnant woman.
Among other problems with Enrolled Committee Substitute for Senate
Bill No. 566, the title states three times that the embryo or fetus
must be "in the womb" while this language is no longer in the text of
the bill. The language of this bill, even with its exceptions,
virtually ensures that stem cell research cannot continue in the State
of West Virginia, as this potentially life-saving research depends
upon the use of fertilized eggs outside of the womb. Additionally, if
this bill were to become law, fertility clinics would cease to operate
in West Virginia. This would devastate families that cannot conceive
without the assistance of fertility specialists. Such consequences
are simply unacceptable.
Recently, I met with a mother whose pregnant daughter was
murdered while in the final stage of her pregnancy. This grieving
mother eloquently displayed her pain and explained that the fetus was
not recognized as a person in the eyes of the law, but only in her
eyes. I respect and honor this family's sorrow. Anyone would grieve
along with this family that was so close to celebrating the imminent
birth of a child. That situation differs greatly from recognizing personhood at fertilization, which Enrolled Committee Substitute for
Senate Bill No. 566 does. It would be inappropriate to use this
family's loss to prevent other families from pursuing desired
pregnancies.
For centuries, theologians, philosophers and scientists have
struggled, with no definitive answer, to determine when life begins.
It is certainly not logical to think that in a few short hours, and in
the last minutes of the session, the West Virginia Legislature could
conclude such a debate.
For the reasons state above, I must veto Enrolled Committee
Substitute for Senate Bill No. 566.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 6, 2004
The Honorable Joe Manchin III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and file Enrolled
Senate Bill No. 160.
Enrolled Senate Bill No. 160 pertains to the Public Employees
Insurance Reserve Fund and the permitted appropriation from that fund
to the Bureau for Medical Services, Department of Health and Human
Resources, for a certain number of years. The bill, passed by the
Legislature on March 11, 2004, would permit the appropriation from the
fiscal year beginning July 1, 2002, and in each of the next five
fiscal years (instead of the next two fiscal years as current law
permits) and ending on June 30, 2008 (instead of June 30, 2005).
Although I support its intent, I must veto Enrolled Senate Bill
No. 160 because it amends and reenacts a section of the code that has
been repealed by the provisions of Enrolled Committee Substitute for
Committee Substitute for Senate Bill No. 149, passed by the
Legislature on March 13, 2004. I have already signed Enrolled
Committee Substitute for Committee Substitute for Senate Bill No. 149,
the reorganization of the Department of Tax and Revenue, and it is an
essential bill. If I were to sign Enrolled Senate Bill No. 160 into
law, the affected code section would have been effective for only two
days before the provisions of Enrolled Committee Substitute for
Committee Substitute for Senate Bill No. 149 would have prevailed.
Therefore, signing Enrolled Senate Bill No. 160 would be fruitless.
For the reasons stated above, I hereby veto Enrolled Senate Bill
No. 160. Nevertheless, I would encourage the Legislature to favorably
consider this measure again in a future legislative session.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 6, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and file Enrolled
Committee Substitute for Committee Substitute for Senate Bill No. 616.
Enrolled Committee Substitute for Committee Substitute for Senate
Bill No. 616 amends the Department of Environmental Protection
Advisory Council by increasing the membership of the council from
seven to twelve members and empowering the council to call meetings
and suggest proposals for rulemaking. This bill also codifies a
surface mining permit quality assurance and compliance advisory
committee established by the consent decree entered by the United
States District Court for the Southern District of West Virginia in
the Bragg v. Robertson litigation.
The bill is constitutionally flawed pursuant to Section 30,
Article VI of the Constitution of West Virginia. The title is
inconsistent with the language of the bill with regard to how the members of the advisory council may call a meeting. The title
provides that a majority of the members may call a meeting, whereas
§22-1-9(d) in the bill provides that any five members may call a
meeting. Because the council is a twelve-member body, five members
cannot constitute a majority.
In addition to the constitutional flaw, I am disapproving
Enrolled Committee Substitute for Committee Substitute for Senate Bill
No. 616 because the amendments to the Department of Environmental
Protection Advisory Council do not reflect sound public policy for
several reasons. The advisory council was established in 1994 to
provide a forum for the discussion of environmental policy development
and implementation between the agency and constituent groups with the
overall goal of consensus building between the various interests. To
fulfill these purposes and achieve these goals, the membership of the
council was evenly balanced to include two members from the regulated
community, two members from the environmental community and two
members from local and municipal governments, one representing local
government and one representing public service districts. Enrolled
Committee Substitute for Committee Substitute for Senate Bill No. 616
alters this balance by adding three members that essentially represent
regulated interests but only two environmental interests and no
additional representation from other interests such as local
governments or environmental health organizations. The expansion of
the advisory council results in a council that cannot legitimately
satisfy the purposes and goals of the advisory council and, thus, is
contrary to sound environmental policy for the State of West Virginia.
Additionally, the bill constrains the Executive Branch authority to appoint members for the advisory council by limiting the Governor's
choice of nominees to those submitted by specific organizations.
Specifically, the bill requires the Governor to appoint members
nominated by the largest state organization representing
manufacturers, coal producers, coal miners and farming interests.
This is an overly restrictive constraint on the Governor's powers and,
thus, is contrary to sound public policy and erodes the integrity of
the Executive Branch.
For the constitutional and policy reasons stated above, I must
veto this bill. Nevertheless, I encourage the Legislature to enact
legislation codifying the surface mining quality assurance and
compliance advisory committee established under the consent decree.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 6, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and file Enrolled
Senate Bill No. 636.
Enrolled Senate Bill No. 636, as introduced, makes desirable
changes to the Teachers Retirement System. Nevertheless, I must veto
Enrolled Senate Bill No. 636 because of a change made to the bill that
would entail increased costs. An actuarial note was not available for
the bill as amended. Consequently, without this vital information, I
am unable to consider all consequences and cost of such legislation.
For the reasons stated above, I must veto Enrolled Senate Bill
No. 636.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 6, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and file Enrolled
House Bill No. 4119.
The purpose of Enrolled House Bill No. 4119 is to allow greater
participation by the county commissions when a municipality wants to
annex additional territory by the petition method and to phase in the
reduction in the county share of hotel tax when a municipality annexed
an area that includes a hotel or motel that is generating tax and
revenue to a county. Annexation by petition is used only when the
people in the area under consideration want to be annexed and they
make that request by petition to the municipality. Current law
requires a simple majority of the voters and freeholders in the
territory seeking annexation petition to be annexed. Enrolled House
Bill No. 4119 requires that in order to provide for annexation without
a vote, qualified voters and freeholders must petition for the
annexation.
Though all parties working on this legislation agreed to require
that all qualified voters petition for such an annexation, the
amendment that requires all freeholders to petition for annexation was
not agreed upon and would have unintended fatal consequences to most,
if not all, attempts by citizens at annexation. This unintended
consequence may occur because it would be nearly impossible to locate
and contact everyone with a freehold interest in real property within
the area of attempted annexation. Some of those interests may not be
recorded. Additionally, some property may pass through intestate
succession to minor children or incapacitated adults. In those cases,
litigation would be required to appoint a guardian to sign the
petition for or against annexation on behalf of the minor or
incapacitated adult. The time and expense of litigation would
potentially eliminate the value of annexation by petition.
For the reasons stated above, I must veto Enrolled House Bill No.
4119.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Robert S. Kiss
The Honorable Earl Ray Tomblin
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 6, 2004
The Honorable Joe Manchin III
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and file Enrolled
House Bill No. 4623.
Enrolled House Bill No. 4623 repeals a section of the West
Virginia Code, §11B-2-18, created by Enrolled Committee Substitute for
Committee Substitute for Senate Bill No. 149 (the Tax and Revenue
reorganization bill), both passed on the same date. West Virginia
Code §11B-2-18 allows the Governor to permit expenditures from a
spending unit's special surplus fund when the amount collected by the
spending unit exceeds the amount it was authorized to expend from collections. Prior to the effective date of Enrolled Committee
Substitute for Committee Substitute for Senate Bill No. 149, this
power is set forth in West Virginia Code §5A-2-18.
I must object to Enrolled House Bill No. 4623 because it usurps
an important power of the Chief Executive. Repealing this section of
the code would negatively impact state agencies that have a legitimate
need for additional spending authority and have excess funds in their
special revenue accounts over and above the original estimated
collections. Further, if the need for increased spending authority
was of an immediate or emergency nature, it would require the
Legislature to meet for passage of a supplemental appropriation. This
is an unnecessary and burdensome requirement that should be avoided.
For the reasons stated above, I must veto Enrolled House Bill No.
4623.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Robert S. Kiss
The Honorable Earl Ray Tomblin
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 7, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and file Enrolled
Committee Substitute for Senate Bill No. 694.
Enrolled Committee Substitute for Senate Bill No. 694 duplicates
language contained in Enrolled House Bill No. 3150. Both bills amend
and reenact West Virginia Code §5-22-1 in order to establish the West
Virginia Fairness in Competitive Bidding Act. Enrolled House Bill No.
3150 is more comprehensive in that it amends and reenacts two
additional sections of the code that enhance the provisions of the
Act. For that reason, I will sign Enrolled House Bill No. 3150 into
law rather than Enrolled Committee Substitute for Senate Bill No. 694.
For the reasons stated above, I hereby veto Enrolled Committee
Substitute for Senate Bill No. 694.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 7, 2004
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Manchin:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and file Enrolled
Committee Substitute for House Bill No. 4354.
Enrolled Committee Substitute for House Bill No. 4354 authorizes
county commissions to adopt ordinances to establish a system of
administration and enforcement to assess fees and penalties to reduce
false alarms. It also proposes setting quality assurance standards to
reduce the incidences of false alarms. Achieving this goal is
important because it will ensure that safety personnel and their
resources are not wasted by chasing phantom calls. Nevertheless, I
must object to Enrolled Committee Substitute for House Bill No. 4354
because it requires county 911 centers to accept calls only from a
central station certified by Underwriters Laboratories, Inc., only one
of several acceptable quality assurance certifiers. This provision is
problematic for several reasons. First, there is a clear obligation
to respond to emergency calls regardless of the origin of the call for
service. Second, there are several other nationally accepted quality
assurance certifiers, such as Factory Mutual, which provide similar
expertise and reliability. There is no articulable reason why one
particular program should be favored over other equally acceptable
programs.
In fact, in what must assuredly be an unintended consequence of
this restrictive requirement, it appears that only two security
providers in West Virginia could provide alarm services if this bill
were to become law. There is no reason to penalize the many other
legitimate security providers who employ state-of-the-art dependable equipment, though not certified by Underwriters Laboratories, Inc.
For the reasons stated above, I must veto Enrolled Committee
Substitute for House Bill No. 4354. Notwithstanding this action, I
urge the Legislature to take up this issue again and amend this
legislation to allow for greater flexibility in the selection of
quality assurance programs.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Robert S. Kiss
The Honorable Earl Ray Tomblin
All business of the sixty-day and extended session now being
concluded,
Senator Sharpe, from the select committee to notify His
Excellency, the Governor, that the Senate is ready to adjourn sine
die, returned to the chamber and was recognized by the President.
Senator Sharpe then reported this mission accomplished.
Thereupon,
On motion of Senator Bailey, the Senate adjourned sine die.
__________